Wiesław Lang’s Legal Thought – Between Sociological and Analytical Jurisprudence

2020 ◽  
Vol 45 (2-3) ◽  
pp. 281-298
Author(s):  
Milena Korycka-Zirk
Keyword(s):  
Scientific Research ◽  
Legal Culture ◽  
Sociological Research ◽  
Original Source ◽  
Legal Thought ◽  
Legal Science ◽  
Sociological Jurisprudence ◽  
Scientific Inspiration

The article is an attempt to trace in Wiesław Lang’s scientific research the influence of sociological jurisprudence, as initiated in Polish legal science by Leon Petrażycki: the original source of Lang’s scientific inspiration. Not only significant traces of sociological research concepts but also the broader perception of the notion of law typical for this trend in jurisprudence can be seen in W. Lang’s work; these are most visibly evidenced in his works devoted to those aspects of American legal culture that are doctrinally and judicially dominated by the analysis of ‘law in action’, not merely ‘law in books’.

American Legal Thought in Transatlantic Context, 1870-1914

2021 ◽  
Author(s):  
David M. Rabban
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
Twentieth Century ◽  
First Generation ◽  
The United States ◽  
Recent Book ◽  
Historical School ◽  
Legal Thought ◽  
Early Twentieth Century ◽  
Sociological Jurisprudence

Most American legal scholars have described their nineteenth-century predecessors as deductive formalists. In my recent book, Law’s History : American Legal Thought and the Transatlantic Turn to History, I demonstrate instead that the first generation of professional legal scholars in the United States, who wrote during the last three decades of the nineteenth century, viewed law as a historically based inductive science. They constituted a distinctive historical school of American jurisprudence that was superseded by the development of sociological jurisprudence in the early twentieth century. This article focuses on the transatlantic context, involving connections between European and American scholars, in which the historical school of American jurisprudence emerged, flourished, and eventually declined.

scholarly journals DEVELOPMENT OF CIVIL SOCIETY AND COMMUNICATION PROPERTIES OF LEGAL SCIENCE

2021 ◽  
Author(s):  
Nataliia Onishchenko
Keyword(s):  
Civil Society ◽  
Civic Education ◽  
Legal Culture ◽  
The State ◽  
Legal Consciousness ◽  
Legal Science ◽  
Law Making

The article is devoted to the value-communicative potential of modern legal science in building a mature, active civil society. In particular, the role of legal science in establishing the general discussion between man, civil society and the state is emphasized. A separate vector of consideration is the coverage of the role of legal science in modern law-making processes: increasing the role of legal culture, legal consciousness, overcoming the phenomena of legal nihilism and legal pessimism, as well as the importance of civic education in modern democratic processes.

scholarly journals Legal Awareness Dynamics of the Population of the South of Russia: Cognitive Aspect

Legal Concept ◽  
2019 ◽  
pp. 75-82
Author(s):  
Lyudmila Klimenko ◽  
Oksana Posukhova ◽  
Pavel Budaev
Keyword(s):  
Human Rights ◽  
Legal Culture ◽  
Legal Responsibility ◽  
Sociological Research ◽  
The South ◽  
Cognitive Component ◽  
Cultural Heterogeneity ◽  
Cognitive Components ◽  
Rostov Region ◽  
The Right

Introduction: the integration processes in the South of Russia are complicated by the ethno-cultural heterogeneity of the macroregion, different levels of socio-economic development of the subregions and differences in the societal values of the ethno-territorial communities. In these conditions, a similar legal culture serves as the basis for the consolidation of different groups of the population. The purpose of the paper is to analyze the dynamics of the legal culture cognitive component of the population of the multi-ethnic territories of Southern Russia. Methods: the empirical basis of the study was formed as part of comparative sociological research, when more than two thousand people were interviewed in the Rostov region, Adygea and Kabardino- Balkaria in 2001-2019. Results: as a rule, the legal culture of a civil-activist type should dominate in a modernized society, when the population understands and recognizes the priority of human rights and freedoms, legal responsibility, shows respect for the existing laws. Therefore, the study of the cognitive components of the legal culture of South-Russian residents includes the analysis of knowledge and perceptions of the respondents about the basic signs of the legal state, the permissibility of limitations of human rights, the degree of importance of the rights of different actors in society, the status of law, legislation in the case of administrative arrest and witness testimony. Conclusions: the empirical tests show a rather low level of specific legal knowledge of the population in all the considered territorial subjects of the South of Russia. Moreover, from the first to the last stages of the study, the dynamics of the knowledge level is decreasing. The priority of the right is not always manifested in the attitudes of the surveyed residents in the macroregion. Against this background, in the Rostov region at different stages of the study a stable group of respondents (about half of the respondents), for whom the legal norm is a legitimate regulator of behavior, was recorded. In the republican segment, the situation is volatile; the lagging dynamics of legal systems of a civil type in the Republic of Adygea and the accelerating one – in Kabardino-Balkaria are revealed.

scholarly journals REVIEW OF A COLLECTIVE MONOGRAPH «LAWYERS AND THE REVOLUTION: PRO ET CONTRA». Moscow: Kuchkovo pole, 2017. - 552 p

2018 ◽  
Vol 22 (4) ◽  
pp. 581-586
Author(s):  
Aleksandra A Dorskaya
Keyword(s):  
Legal Thought ◽  
Legal Science ◽  
Soviet Russia ◽  
Better Than ◽  
The Revolution

The collective monograph analyzed the fate of twelve pairs of Russian lawyers, who as a result of the revolutionary events of 1917 were «on opposite sides of the barricades». Defending the position that «any controversial Constitution is better than an indisputable revolution», the authors carefully showed the contribution of representatives of different areas of political and legal thought to the development of legal science. The difficulties of the development of Russian jurisprudence are shown both in Soviet Russia and in the «Russian abroad».

scholarly journals Doctrinal basis of the Soviet law science —epistemological and praxeological dimensions

2021 ◽  
Vol 7 (3) ◽  
pp. 45-53
Author(s):  
Evgeni A. Apolski ◽  
Andrei Yu. Mordovtsev ◽  
Aleksei Yu. Mamychev
Keyword(s):  
General Theory ◽  
Legal Theory ◽  
Scientific Research ◽  
Theoretical Knowledge ◽  
Legal Knowledge ◽  
Philosophy Of Law ◽  
Legal Thought ◽  
History Of ◽  
Theory Of Law ◽  
Further Development

The article considers the Soviet dissertation theoretical and legal doctrines as a scientific category with a set of specific features. The author draws attention to the fact that the massive layer of legal theoretical knowledge known as Soviet jurisprudence and the legal teachings reflecting the evolution of Soviet law are insufficiently studied in ontological and epistemological terms. In specific, the role, place, and significance of Soviet dissertation legal theoretical teachings are lacking in the literature. Moreover, the Marxist methodology of legal knowledge, which should be used in modern educational and scientific space, lacks clear assessment. The author analyzes the most important thesis on the theory of law, which reflect the ontological and methodological foundations of the Soviet law and legal theory presented in the theses. This article lays the basis and the vector of further development of Soviet jurisprudence. These dissertation doctrines are analyzed to further use them in the scientific research of laws and trends in the development of Soviet legal thought. The results of these analyses are crucial for the history of political and legal doctrines, general theory of law, and philosophy of law and can be used in other areas of legal (including industry) science, considering their interdisciplinary heuristic potential.

scholarly journals Penyelenggaraan Pembangunan NKRI Menuju Negara Maritim Berdasarkan Prinsip Negara Kepulauan

2021 ◽  
Vol 3 (1) ◽  
Author(s):  
Aryono Putra ◽  
Yasser Arafat
Keyword(s):  
Coastal Communities ◽  
Sociological Research ◽  
Prime Mover ◽  
Legal Practice ◽  
Positive Law ◽  
Sociological Jurisprudence ◽  
Development Direction ◽  
Grand Design ◽  
The Republic ◽  
The Government

ABSTRACT Indonesia has been deprived of its own true roots as a maritime country. This is the success of the colonial Dutch colonialists who do "devide at empera" in which eventually the nation in the archipelago of this archipelago sees the sea as a separator and inhibitor space.The purpose of this novice lecturer's research is to Know the concept of archipelagic state and maritime state in Indonesia and to prove its implementation in policy and development direction in Indonesia. Is the Government Homeland use in marine activities as a prime mover and a pledge to increase the economy, (2) is supported by a fleet of strong civilian and military, and (3) contribute as much as possible for the prosperity of the people.The research method used in writing this beginner lecturers are socio-juridical legal research methods is often called legal sociological research based school of sociological jurisprudence. Judging from the effectiveness of law or facts that exist in the field which is then compared with the rules of positive law. Field data is used as important information in determining policy and regulatory arrangements and institutions in legal practice for island and coastal communities in Tarakan City, North Kalimantan Province.The results of this study that the Government of the Republic of Indonesia should re-arrange the grand design of a National System oriented to Indonesia as an archipelagic country and the State Archipelago. Keywords: islands, maritime, country, policy, kaltaraABSTRACT Indonesia has been deprived of its own true roots as a maritime country. This is the success of the colonial Dutch colonialists who do "devide at empera" in which eventually the nation in the archipelago of this archipelago sees the sea as a separator and inhibitor space.The purpose of this novice lecturer's research is to Know the concept of archipelagic state and maritime state in Indonesia and to prove its implementation in policy and development direction in Indonesia. Is the Government Homeland use in marine activities as a prime mover and a pledge to increase the economy, (2) is supported by a fleet of strong civilian and military, and (3) contribute as much as possible for the prosperity of the people.The research method used in writing this beginner lecturers are socio-juridical legal research methods is often called legal sociological research based school of sociological jurisprudence. Judging from the effectiveness of law or facts that exist in the field which is then compared with the rules of positive law. Field data is used as important information in determining policy and regulatory arrangements and institutions in legal practice for island and coastal communities in Tarakan City, North Kalimantan Province.The results of this study that the Government of the Republic of Indonesia should re-arrange the grand design of a National System oriented to Indonesia as an archipelagic country and the State Archipelago. Keywords: islands, maritime, country, policy, kaltara

scholarly journals How I became a qualitative researcher?

2012 ◽  
Vol 30 (1) ◽  
pp. 258-275
Author(s):  
Florentina Scârneci
Keyword(s):  
Qualitative Research ◽  
Personal Experience ◽  
Quantitative Research ◽  
Scientific Research ◽  
Sociological Research ◽  
Qualitative Researcher ◽  
The Social ◽  
Social Scientific ◽  
Theoretical Saturation ◽  
Special Case

Abstract: The present article presents the personal experience of the author with research methodologies.Some limits of the social scientific research are being analyzed, regarding two of the stages of research:theoretical framework and operationalization; this is the way in which the validity of the criteria and theconstruct validity came into discussion. At the same time, the character of sociological theories and theirutility in scientific research are under discussion. Reasons for which qualitative is chosen are listed despitethe constant disapproval of this method in Romanian sociology (and it’s marginalization in Central – EastEurope). The advantages of qualitative research in socio-human sciences are presented (what is being researched,through what methods, with what results). The special case of using the focus-group at a large scaleis being analyzed (its use without following two of the major qualitative principals: theoretical samplingand theoretical saturation). The article advocates for the usage of qualitative and it is written in a personaland provocative style.Key words: sociological research methodology, qualitative research, quantitative research, validity. SANTRAUKAKODĖL AŠ PASIRINKAU KOKYBINIO TYRIMO BŪDĄ?Straipsnis parengtas remiantis asmenišku autorės, dirbančios tyrimo metodologijų srityje, patyrimu.Analizuojami sociologinio mokslinio tyrimo trūkumai, susiję su dviem tyrimo pakopomis: teorine struktūrair operacionalizacija. Viena vertus, svarbu kriterijų ir konstrukcijų pagrįstumas, kita vertus, sociologiniųteorijų taikymo moksliniams tyrimams patikimumas. Aptariamos kokybinio metodo pasirinkimo priežastysir aplinkybės, rodančios, kad šis metodas Rumunijoje ir Centrinėje Rytų Europoje yra marginalizuojamas.Svarstomi įvairūs kokybinio metodo privalumai, įskaitant plačios apimties focus-grupių pavyzdžius. Straipsnioautorė nevengia kokybinio tyrimo būdo apologijos provokacinio stiliaus.

scholarly journals Legal Theology: The Turn to Conceptualism in Nineteenth-Century Jewish Law

2006 ◽  
Vol 21 (1) ◽  
pp. 39-100 ◽  
Author(s):  
Chaim Saiman
Keyword(s):  
Nineteenth Century ◽  
Formal Methods ◽  
Law School ◽  
Jewish Law ◽  
Legal Analysis ◽  
The Core ◽  
Legal Thought ◽  
Legal Science ◽  
Legal Concepts ◽  
University Setting

The nineteenth century was the age of legal science. Across the globe, numerous cultures began to think of their law in terms of an interlocking system of internally coherent rules. While the details differ, these movements shared the belief that numerous legal propositions were held together by a small number of core legal concepts, and that correct decisions could be determined via formal methods of legal deduction and analysis. This mode of legal thought gave increased importance to legal concepts and analytic categories. Duncan Kennedy has termed this mode of legal analysis Classical Legal Thought.This restructuring of legal analysis brought about changes in the understanding of what the law is and how it should be studied. In its American variant, the ascendance of Classical Legal Thought is usually associated with Christopher C. Langdell's tenure as dean of Harvard's law school. Langdell created the modern law school by shifting legal training away from apprenticeship and moving it to a university setting where students were trained as legal scholars. Underlying the Langdellian moment is the assumption that law is comprised of analytic concepts which can be apolitically applied through a series of deductions made from the core legal principal.

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