scholarly journals The Sociological Analysis of the Legislation: the Revision of Traditional Approaches and Proposals for Contemporary Directions

The article is dedicated to the review of traditional approaches and the development of proposals for contemporary sociological analysis of legislation. Analyzing the existing attempts of sociological analysis of legislation, the author concludes that their theoretical and methodological limitations arised from the paradigm of social facts, the dominance of structuralist-positivist research optics, the lack of practice of specific sociological research. This, in the author's opinion, contributes to the informality of the categorical apparatus of sociological research of legislation, legal reduction of the social nature of law within the sociology of law, replacement of the current role of sociologist by a social technologist who is deprived of intellectual freedom and depends on the intentions of the actors of the legislative process. Based on the «Coleman's boat» analytical scheme and J. Ritzer's integrated 4-level social analysis, the author identifies theoretical gaps in the traditional research scheme of sociological analysis of legislation at the macro-subjective and micro-objective levels. The article proposes to modernize the consideration of legislation from the standpoint of socio-cultural approach (as a socio-cultural space that produces, translates and defines a system of values, symbols, meanings, nominations, identifications, rituals, myths) and through the application of the theory of social practices. Based on the context of active legislative changes that causes the emergence of new social phenomena, the author concludes the necessity of theoretically reconstruction the sociological analysis of legislation by strengthening the concept of "social effectiveness of legislation" by risk-analytical perspective. This allows the involvement of all levels of social reality, as well as to identify the hidden and non-obvious social consequences of the introduction, change or repeal of legal norms. On the example of the analysis of the laws of Ukraine "On purififcation of power" and "On voluntary amalgamation of territorial communities" among the potential areas of social risk, the author proposes to identify areas of potential conflict, social disintegration, social inequality, discrimination, accompanying the results of legislative activity.

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.


Sociology ◽  
2018 ◽  
Vol 53 (3) ◽  
pp. 451-467 ◽  
Author(s):  
Jonas House

Sociological research on sustainable consumption has seen widespread application of theories of practice (‘practice theories’) as a means of transcending the limitations of epistemologically individualistic ‘behaviour change’ approaches. While in many ways the central insights of practice theories vis-a-vis consumption are now well established, this article argues that the approach holds further insights for sociological analysis of food consumption in general, and of novel foods in particular. Based on empirical research with consumers of a range of insect-based convenience foods in the Netherlands, this article introduces two practice-theoretic concepts – ‘modes of eating’ and ‘phased routinisation’ – which contribute to sociological theorisations of how food practices are established, maintained, interdepend and change. Beyond its theoretical contribution, the article substantively extends research literatures on the introduction, uptake and normalisation of insect-based and other novel foods.


Author(s):  
Farogat Bakhtiyorovna Fayzieva ◽  

The article analyzes the problems of improving the effectiveness of applied sociological research. The scientific method that helps to ensure objectivity and consistency in the study of a social problem is considered. The directions, forms and prospects for the development and improvement of the effectiveness of applied sociology from a practical point of view are given.Intelligence research is the simplest type of applied sociological analysis. It solves problems that are very limited in their content, covers, as a rule, small study populations, and is based on a simplified program and concise methodological tools, which in applied sociology is understood as a package of documents specially developed for each study designed to collect primary sociological information, such as: an interview form, a mass or expert questionnaire, a card for recording the results of observation, studying documents; further: sampling projects, mathematical analysis of primary information, etc.A methodology for evaluating the social effectiveness of applied sociological research applied to any written results of scientific activity is proposed.


Sociologija ◽  
2010 ◽  
Vol 52 (2) ◽  
pp. 113-126 ◽  
Author(s):  
Nikola Bozilovic

Layers of historic heritage and modern tendencies interlace in the culture of the present-day Balkans. Eurointegration of the Balkans faces numerous challenges. On one side, the so-called Eurooptimism is awakening, while on the other, fears of losing cultural and national identities are growing ever stronger amongst Balkan peoples. Is it possible to integrate the societies of the Balkans into the European Union, and retain the particularities of the cultural tradition of the peoples of this region? The answer to this question demands a complex and multidisciplinary analysis, especially when the contemporary Serbian society is concerned. Organized conservative forces are standing in the way of modernization, resisting any modern invention and creative initiative coming from the so-called Other Serbia. The issue is subjected to cultural-sociological analysis in this paper, supported, particularly regarding the situation in Serbia, by the findings of a several-years empirical study conducted within a research project organized by the Center for Sociological Research of the Faculty of Philosophy in Nis.


Author(s):  
Fu Hualing

This chapter provides a historical background discussion of the legal rights-based weiquan movement in China, traces the tension between the supply and demand of rights, and explains an institutional failure in meeting the increasing demand for rights and the social consequences of that failure. Armed with legal rights, citizens of different social and economic backgrounds have started to assert these and engage in a movement of rightful resistance. Gradually, law has become a rallying point for aggrieved people, and lawyers have become organizers of an emerging social movement. However, the brutal social changes and acute conflicts are often beyond the capacity of legal norms and institutions to grasp. As a result, the legal system has failed to serve as a governing tool for the Party-state and to provide remedies for citizens seeking justice — both are giving up on law and resorting to extralegal and illegal measures to settle the score.


2020 ◽  
Vol 54 (8) ◽  
pp. 797-807 ◽  
Author(s):  
Gregory Armstrong ◽  
Tilahun Haregu ◽  
Eric D Caine ◽  
Jesse T Young ◽  
Matthew J Spittal ◽  
...  

Objective: We aimed to examine whether suicidal thoughts and behaviour were independently associated with a wide range of health and social risk behaviours. Methods: We conducted cross-sectional analyses of data collected from 13,763 adult males who participated in The Australian Longitudinal Study on Male Health. We fit generalised linear models to estimate the relative risk of engaging in a range of health and social risk behaviours across several domains by suicidal thoughts and behaviour status. Results: Men with recent suicidal ideation (relative risk range, 1.10–5.25) and lifetime suicide attempts (relative risk range, 1.10–7.65) had a higher risk of engaging in a broad range of health and social risk behaviours. The associations between suicidal thoughts and behaviour and health and social risk behaviours were typically independent of socio-demographics and in many cases were also independent of depressive symptoms. Conclusion: Suicidal thoughts and behaviour overlaps with increased risk of engagement in a wide range of health and social risk behaviours, indicating the need for an alignment of broader public health interventions within clinical and community-based suicide prevention activities. The experience of suicidality may be an important catalyst for a broader psychosocial conversation and assessment of health and social risk behaviours, some of which may be modifiable. These behaviours may not carry an imminent risk of premature death, such as from suicide, but they carry profound health and social consequences if left unaddressed.


Author(s):  
Deborah Lupton

Since their introduction in 2008, software applications for mobile devices (“apps”) have become extremely popular forms of digital media. Mobile apps are designed as small bits of software for devices such as smartphones, tablet computers, smartwatches, and other wearable devices. This chapter presents a sociological analysis of apps through the lens of three major theoretical perspectives: (1) the political economy approach, (2) Foucauldian perspectives, and (3) sociomaterialism. Each perspective adopts a different focus, but all elucidate important aspects of the sociocultural and political dimensions of apps. Relevant empirical research is incorporated into the discussion to illustrate how apps are designed, developed, and promoted by a range of actors and agencies and to provide examples of the ways in which people incorporate apps into the routines of their everyday lives. The chapter ends with identifying directions for further sociological research and theorizing related to apps.


1993 ◽  
Vol 22 (1) ◽  
pp. 67-101 ◽  
Author(s):  
Becky Brown

ABSTRACTStudies on language shift often refer to the demise of the ousted variety by detailing various stages of language decay and extinction. Problematic for these accounts are well-documented cases of intervening social phenomena, such as language revival movements, which can alter in some way the stages of decline. French Louisiana's situation illustrates language shift interacting with a strong revival movement. In the wake of the revival and in spite of continued shift, another trend is apparent – the writing of Louisiana French. Whereas shift clearly represents a stage of language decline, the creation of a written code functions as a key ingredient for language maintenance. A sociolinguistic analysis of these forces reveals the complexity and the conflict involved in the choice of the written word. (Sociolinguistics, Louisiana French, Cajun, Louisiana French Creole, variation in writing, ethnography, literacy, language maintenance)


2018 ◽  
Vol 20 (9) ◽  
pp. 35-55
Author(s):  
N. G. Popova ◽  
E. V. Biricheva ◽  
T. A. Beavitt

Introduction. In today’s globalising world, science acquires a crucial importance: integrating humanity within the framework of solving global problems, it becomes one of the leading factors in social development, facilitating work and diversifying leisure time, as well as serving as an instrument of transformations in the political sphere. Undoubtedly, the social aspects of contemporary science are capturing the attention of a huge number of researchers. However, it is not clear that all areas of the sociology of science treat the object of their study in the same way.Aim. A lack of reflection on the unity or otherwise in the understanding of the essence of science in the various fields of sociological research makes it difficult to compare different theories of the institutional, cultural, social and communicative contexts of scientific development. An urgent methodological task therefore consists in developing an understanding of the various definitions of the concept of “science” used in the framework of contemporary sociological analysis of this phenomenon.Results and scientific novelty. In this paper, two dominant sociological views on science – as an experimental-mathematical approach to cognising the world and as a system of representations in general – are compared. We conclude that while researchers studying institutional aspects of science tend to interpret it in terms of the “heritage” of post-Enlightenment European rationalism, constructionist and communicatively-oriented researchers tend to approach science as the system of knowledge and cognition that is formed in any human society, having its own specific sociocultural features in each respective case. While each of these two approaches undoubtedly has its own methodological potential, in order to provide such a diverse field of studies with a common ground, it would be necessary to balance them with a third aspect. We argue that this balancing role, since both common for all mankind and unique for every culture, could be played by Heidegger’s conceptualisation of science as “the theory of the real”.Practical significance. In order to avoid a pluralism of incompatible theories, it is important to continually pose the question “what is the object of study when conducting a sociological study of various scientific phenomena?” – as well as to understand the “limits of applicability” of the particular interpretation of science on which basis sociological analysis proceeds.


Author(s):  
Viсtor Filonenko ◽  
Liudmila Shtompel ◽  
Oleg Shtompel

The article touches upon the issues of several problems. Firstly, we attempt to determine the methodology of a sociological analysis of culture which is adequate for modern realities. Secondly, we will apply this methodological basis to the cultural specifics of modern Russian students in a transitive, transitional society. It is stressed that the formation of a global innovative society results in a permanent crisis with the destruction of the old sociocultural forms and the emergence of new ones, with the result that culture becomes not a “guardian of the foundations”, but an active “fermenting” power of society. In these nonlinear processes, a special importance is acquired by subjective culture. Based on F. Tenbrook’s ideas, an analysis of monostylism and polystylism of a student’s representative culture is carried out. It is noted that these processes of representation are contradictory and hybrid. Highly-valued by student youth, the values of independence, individuality, and freedom of the post-materialistic plan are represented primarily in the sphere of leisure and free-time activities. The presented typology of students’ lifestyles in the field of educational activity (“professionals”, “ritualists”, “public men”, and “conformists”) fixes a predominantly adaptive strategy of behavior based on the adoption of a paternalistic attitude on the part of the administration and the teaching staff of universities. The article is based on the materials of the authors’ interregional sociological research, conducted in the Southern Federal District in 2006, 2011, and 2016.


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