Causality in the Law and in the Social Sciences

2020 ◽  
Vol 176 (1) ◽  
pp. 1
Author(s):  
Christoph Engel ◽  
Urs Schweizer
Keyword(s):  
Social Sciences ◽  
The Social ◽  
The Law

scholarly journals A Constitutional Framework for Private Governance

2004 ◽  
Vol 5 (3) ◽  
pp. 197-236 ◽  
Author(s):  
Christoph Engel
Keyword(s):  
Social Sciences ◽  
Private Governance ◽  
Social Scientists ◽  
Methodological Rigor ◽  
The Social ◽  
Simple Question ◽  
The Face ◽  
Good For ◽  
The Law ◽  
Interdisciplinary Exchange

Lawyers are the engineers of the social sciences, and their doctors. Neither is good for reputation in interdisciplinary exchange. Social scientists often show contempt for a discipline that seems too close to reality to meet hard methodological standards, and too much concerned by pathologies that are beyond the reach of their methodological tools. As with many prejudices, there is a grain of truth in this one. But not all law is about making decisions and judgements in the face of a reality that is at best partly understood. The legal discipline has its own methodological standards. For the sake of internal clarity, it aims at parsimony. But modelling is not the legal path to methodological rigor. The legal equivalent boils down to one simple question: who asks whom for what? The law splits abstract problems into a series of cases. It reaches parsimony via the selection and sequence of cases. These hypothetical cases are like histological cuts through the social tissue. The legal discipline starts cutting at cases for which existing legal tools seem particularly wellsuited. If these cases are understood, the legal discipline then starts again with the more demanding ones. It is hoped that the sequence of cases leads to an understanding of situations that seemed inaccessible at the outset.

scholarly journals MENGGUGAT RELASI FILSAFAT POSITIVISME DENGAN AJARAN HUKUM DOKTRINAL

2012 ◽  
Vol 12 (1) ◽  
Author(s):  
FXAdji Samekto
Keyword(s):  
Social Sciences ◽  
Natural Law ◽  
Natural Science ◽  
Legal Positivism ◽  
Logical Positivist ◽  
The Social ◽  
The Law

In the teaching of law, there is often "mistaken", that puts legal positivism (jurisprudence)  is identical with the philosophy of positivism. Legal positivism be identified as an instance of positivism philosophy intact. The study of legal positivism, in fact very closely related to the philosophy and teachings of the law from time to time. The effects of natural law in the scholastic era, then the era of rationalism and the influence of positivism in the philosophy of natural science is very attached to the legal positivism until today. Therefore not only the philosophy of positivism affecting the development of legal positivism. Based on that then the legal positivism in fact has a characteristic which is different from the social sciences. If the social sciences were developed based on the philosophy of positivism, the doctrinal teaching of the law is not entirely been developed based on the philosophy of positivism. Not all the logical positivist philosophy can be applied in the doctrinal law. Keywords : positivism, legal positivism, doctrinal

The NSF Law and Social Sciences Program

1979 ◽  
Vol 12 (01) ◽  
pp. 16-17
Author(s):  
Stephen L. Wasby
Keyword(s):  
Social Sciences ◽  
Organizational Behavior ◽  
Legal System ◽  
Scientific Study ◽  
Alternative Methods ◽  
Social Scientific Study ◽  
The Social ◽  
The Law ◽  
Social Scientific ◽  
The Impact

The National Science Foundation provides support for basic social science research on law and legal institutions through the Law and Social Sciences Program. The primary emphasis of the program is on research that will enhance understanding of the nature and sources of variation in legal rules and institutions and their consequences. Proposals directed to developing methodologies for the social scientific study of law are also considered. Proposals concerning criminal aspects of the law will be considered if they relate primarily to theoretical questions in the social scientific study of the law. However, the central focus of the Law and Social Sciences Program is on noncriminal aspects of the legal system.Those who anticipate submitting proposals might keep in mind the broad concerns that are central to the program:1. The capacity of law, through statutes, administrative regulations, and court decisions, to affect individual and organizational behavior, its limitations in regulating action, conditions which enhance or diminish the impact of law, and the processes by which that impact is achieved or diminished.2. The use of alternative methods, both formal (legal) and informal (extra-legal), for dealing with disputes, and factors that contribute to the selection of the alternatives used.3. Change in the legal system, its causes and the processes by which it occurs, with particular emphasis on factors affecting the use of law as an instrument of social control.

scholarly journals Die Beziehung zwischen Familienrecht und Human-/Sozialwissenschaften am Beispiel des Kindschaftsrechts

2016 ◽  
Vol 28 (2) ◽  
pp. 191-207
Author(s):  
Ludwig Salgo
Keyword(s):  
Social Sciences ◽  
Knowledge Bases ◽  
Legal Practice ◽  
Best Interest ◽  
Legal Studies ◽  
The Social ◽  
Humanities And Social Sciences ◽  
The Law ◽  
The Relationship

The relationship between the law of parent and child and the humanities/social sciences seems to be so obvious that a clarification and systematization of this relationship is regarded as unnecessary. The call for an integration of the humanities and the social sciences in legal studies and legal practice was very pronounced during the 1980s and 1990s. This integration has been partially realized back then, but was revoked later on. The need for taking findings from the humanities and social sciences in law studies, legislation, and legal practice into account is more relevant now than it was ever before. In the present treatise, only the disciplines’ interwoven areas pertaining to the law of parent and child can be identified. Regarding the law of parent and child, there is reasonable hope that legislation and legal practice by means of drawing on and integrating humanities’ and social sciences’ methods and knowledge bases may be able to find alternatives that meet the best interest of the child (or at least constitute the least detrimental alternative). Zusammenfassung Die Beziehung zwischen Kindschaftsrecht und den Human-/Sozialwissenschaften ist so offensichtlich, dass eine Klärung und Systematisierung dieses Verhältnisses überflüssig schien. Der Ruf nach einer Integration der Human- und Sozialwissenschaften in Rechtswissenschaft und in Rechtsanwendung war in den 1970er und 1980er Jahren des vergangenen Jahrhunderts en vogue; sie wurde in Ansätzen verwirklicht, aber auch wieder zurückgenommen. Die Notwendigkeit, Erkenntnisse der Human-/Sozialwissenschaften in der Familienrechtswissenschaft, der Gesetzgebung und der Rechtspraxis zu beachten, ist aktueller denn je. In dieser Abhandlung können lediglich die Berührungsbereiche am Beispiel des Kindschaftsrechts aufgezeigt werden. Für das Kindschaftsrecht besteht die berechtigte Hoffnung, dass Gesetzgebung und Rechtsanwendung unter Heranziehung und Einbeziehung human-/sozialwissenschaftlicher Methoden und Wissensbestände noch am ehesten eine dem Wohl des Kindes am besten gerecht werdende ‒ besser: eine dem Wohl des Kindes am wenigsten schädliche ‒ Alternative finden.

The Sacred and the Law: The Durkheimian Legacy

2017 ◽  
Keyword(s):  
Social Sciences ◽  
Social Bonds ◽  
Social Thought ◽  
Societal Values ◽  
Current Volume ◽  
The Social ◽  
Wide Range ◽  
Collective Beliefs ◽  
The Law ◽  
Theoretical Reflection

There is little doubt about the importance of Emile Durkheim’s work and the influence it had on the social sciences. His insights into the realms of normativity in particular remain an inspiring mine of information for theoretical reflection and empirical analyses. While his strengths, as we know nowadays, might not have always laid in systematic arguments, his main concerns have shaped the development of social thought in fundamental ways: the question of changing social bonds and the problem of integration; belief and unbelief in societal values; acceptance and rejection of the law, obligation and rights; inner tensions of normative orders; the problem of aligning the polymorphism of normativities with the polymorphic structures of society – and, hence, the project of normative and social pluralism. The Sacred occupies an important dual position in this context: marking an autonomous sphere of the Holy, endangered and upstaged by processes of modernization, and at the same time a fundamental trait of sociality, culture and normativity in general, thus providing the basis even still for modern, ‘secularized’ forms of collective beliefs. The current volume is comprised of contributions from a variety of disciplinary perspectives dealing with a wide range of topics in the realm of normativity in order to recall these important issues and demonstrate the influence and moment of Durkheim’s thinking on matters of the Sacred and the law.

scholarly journals Language and Law: Brevity and Drafting in Law, Business, and the Social Sciences

2019 ◽  
Vol 58 (1) ◽  
pp. 155-171
Author(s):  
Joseph Shattah
Keyword(s):  
Social Sciences ◽  
Supreme Court ◽  
Positive Impact ◽  
Business Administration ◽  
Legal Language ◽  
Chief Justice ◽  
The Social ◽  
The Law ◽  
Language And Law

Abstract In this paper, the author intends to present an approach against lengthy contracts, judgements, and pleadings. He describes the advantages of brevity, conciseness, and plain English, focusing on research in Israel and abroad. An extreme example of how a whole page may be condensed into one sentence is provided by the author, as well as the opinion of a Supreme Court Chief Justice regarding methods to be used in writing good judgments, and a lawyer’s proposal to summarize pleadings. In the second part of this paper, the author briefly illustrates the differences between three disciplines: Law, Business Administration, and Social Sciences. He proposes that the Law should examine and adopt several elements from other disciplines that can have a positive impact on legal language.

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