Law in action or living law? Back to the beginning in sociology of law

Legal Studies ◽  
1984 ◽  
Vol 4 (2) ◽  
pp. 157-174 ◽  
Author(s):  
David Nelken
Keyword(s):  
Problem Solving ◽  
Recent Survey ◽  
Sociology Of Law ◽  
Conceptual Frameworks ◽  
Problems And Solutions ◽  
The Law ◽  
Sociological Approaches

Sociology of law often seems to be marked by a form of intellectual apartheid. Whilst social theorists refine their conceptual frameworks, those with more practical concerns robustly set out to investigate the ‘law in action’. Mixing of the two approaches is thought likely to impede their necessary separate development. One recent survey of the field concluded that:‘The trend is likely to be a continuing divergence between its theoretical and practical branches: the theoretical consisting mainly of re-analyses of old sociological approaches to law, and the practical continuing with its problem-solving approach without confronting the theoretical problems implicit in what it accepts as problems and solutions’.

Reading Max Weber's Sociology of Law

2020 ◽  
Author(s):  
Hubert Treiber
Keyword(s):  
Sociology Of Law ◽  
Important Work ◽  
Research Setting ◽  
Stages Of Development ◽  
History Of ◽  
History Of Law ◽  
The Law ◽  
Comprehensive Study

More than a simple guide through a complicated text, this book serves both as an introduction and as a distillation of more than thirty years of reading and reflection on Max Weber's scholarship. It is a solid and comprehensive study of Weber and his main concepts. It also provides commentary in a manner informed both historically and sociologically. Drawing on recent research in the history of law, the book also presents and critiques the process by which the law was rationalized and which Weber divided into four ideal-typical stages of development. It contextualizes Weber's work in the light of current research, setting out to amend misinterpretations and misunderstandings that have prevailed from Weber's original texts. Ultimately, this volume is an important work in its own right and critical for any student of the sociology of law.

scholarly journals How Sociology Perspective Influence Law with a Social Contexts? A Book Review “Pokok-Pokok Sosiologi Hukum”, Prof Dr Soerjono Soekanto SH MA, Rajawali Pers, 269 Pages, ISBN 979-421-131-1

2021 ◽  
Vol 3 (2) ◽  
pp. 251-256
Author(s):  
Abraham Abraham
Keyword(s):  
Social Science ◽  
Social Factors ◽  
Social Contexts ◽  
Sociology Of Law ◽  
The Social ◽  
Patterns Of Behavior ◽  
The Law ◽  
Legal Sociology

sociology of law examines why humans obey the law and why it fails to obey the law and the social factors that influence it. as a relatively new branch of sociology, the science of legal sociology was developed to explain the interrelationships of patterns of behavior and law that cannot yet be explained by other branches of social science.

Legal Skills

2021 ◽  
Author(s):  
Emily Finch ◽  
Stefan Fafinski
Keyword(s):  
Problem Solving ◽  
Oral Presentation ◽  
Full Range ◽  
Writing Skills ◽  
Legal Reasoning ◽  
Case Law ◽  
Final Part ◽  
Essay Writing ◽  
The Law ◽  
Book Covers

Legal Skills is structured in three parts, covering a full range of legal skills. The first part deals with sources of law and includes information on finding and using legislation, case law, books, journals, and official publications, making sure you understand where the law comes from, and how to use it. The second part covers academic legal skills and provides advice on study and writing skills, legal reasoning, referencing and avoiding plagiarism, essay writing, dissertations, problem solving, and revision and examinations. The final part of the book covers the practical legal skills of oral presentation, mooting, and negotiation.

Counseling about More Than the Law

2021 ◽  
pp. 64-67
Author(s):  
Andrea Kupfer Schneider
Keyword(s):  
Problem Solving ◽  
Legal System ◽  
Essential Role ◽  
The Road ◽  
Road Map ◽  
Model Rule ◽  
The Law

At the end of Professor Menkel-Meadow’s landmark article, she notes “the attraction of the problem-solving approach to negotiations is that it returns the solution of the problem to the client and forces the lawyer to perform her essential role in the legal system—that of solving problems” (p. 841). While most view this article as a call to change the mindset of lawyers to engage in the problem-solving method of negotiation, I want to focus on its underlying message—a lawyer’s essential role includes counseling about more than the law. In fact, as this article was being written in the early 1980s, the Kutak Commission added Model Rule 2.1, authorizing attorneys to counsel clients about the consequences of their actions beyond the law. Professor Menkel-Meadow gives us the road map to do that. Moreover, Professor Menkel-Meadow’s explanation is even more compelling, because it is based on a shift in mindset and is the first to utilize interdisciplinary literature....

10. Thinking Like a Lawyer: Critical Thinking and Legal Analysis

2018 ◽  
Author(s):  
Imogen Moore ◽  
Craig Newbery-Jones
Keyword(s):  
Critical Thinking ◽  
Problem Solving ◽  
Legal Analysis ◽  
Student Needs ◽  
Essay Writing ◽  
The Law ◽  
Law Student ◽  
Law Degree ◽  
Different Parts

The successful law student needs to be able to place the law in context, analyse its effects on different parts of society, apply these rules to different problems, and reflect upon the suitability of both individual laws and the law as an institution. This ability to think critically and undertake broad and deep legal analysis is important to becoming a lawyer, but is also valuable for any other career. This chapter explores the importance of critical thinking to the law degree and beyond, and looks at how the student can bring analysis and criticism into their work. It considers techniques for problem solving and essay writing, and the importance of constructing arguments balancing ‘content’ and ‘thought’.

“Critical Empricism” and American Critical Legal Studies: Paradox, Program, or Pandora's Box?

2011 ◽  
Vol 12 (1) ◽  
pp. 115-158 ◽  
Author(s):  
David M. Trubek ◽  
John Esser
Keyword(s):  
Empirical Research ◽  
Legal Order ◽  
Law And Society ◽  
Sociology Of Law ◽  
Critical Legal Studies ◽  
Critical Sociology ◽  
Legal Scholarship ◽  
Legal Studies ◽  
The Law

What should we make of Susan Silbey's call for socio-legal scholarship that is both critical and empirical? Do we think the law and society movement can and should develop a critique of the legal order? Can empirical research contribute to such a critique? Does the idea of a “critical sociology of law” make any sense at all?

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