Social Jurisprudence

2019 ◽  
pp. 1-26
Keyword(s):  
Social Science ◽  
Marriage Equality ◽  
History Of ◽  
History Of Law ◽  
Legal Arguments

This chapter provides a brief history of law and the role of social science in courtroom battles, further reviewing the use of social science in marriage equality cases. One of the more striking features in marriage equality litigation was the prominent role of social science in addressing issues germane to the legal arguments on both sides. The chapter concludes by discussing how social science may have influenced litigation and whether such influence was appropriate.

Magistri Legis. Eine Studie zur dogmatischen Funktion im industriellen System

2011 ◽  
Vol 2 (2) ◽  
pp. 69-112
Author(s):  
Pierre Legendre
Keyword(s):  
Social Function ◽  
Modern Human ◽  
Human Behaviour ◽  
Cultural Reproduction ◽  
Industrial System ◽  
The West ◽  
History Of ◽  
History Of Law ◽  
New Look

"Der Beitrag reevaluiert die «dogmatische Funktion», eine soziale Funktion, die mit biologischer und kultureller Reproduktion und folglich der Reproduktion des industriellen Systems zusammenhängt. Indem sie sich auf der Grenze zwischen Anthropologie und Rechtsgeschichte des Westens situiert, nimmt die Studie die psychoanalytische Frage nach der Rolle des Rechts im Verhalten des modernen Menschen erneut in den Blick. </br></br>This article reappraises the dogmatic function, a social function related to biological and cultural reproduction and consequently to the reproduction of the industrial system itself. On the borderline of anthropology and of the history of law – applied to the West – this study takes a new look at the question raised by psychoanalysis concerning the role of law in modern human behaviour. "

scholarly journals Emilio Betti: from the history of law to the general theory of interpretation

2020 ◽  
pp. 30-44
Author(s):  
Iuliia Rossius
Keyword(s):  
General Theory ◽  
Practical Importance ◽  
Dialectical Tension ◽  
History Of ◽  
History Of Law ◽  
The Subject ◽  
Theory Of Law ◽  
The Impact ◽  
Hans Georg Gadamer

The goal of this article consists in demonstration of the impact of research in the field of history and theory of law alongside the hermeneutics of Emilio Betti impacted the vector of this philosophical thought. The subject of this article is the lectures read by Emilio Betti (prolusioni) in 1927 and 1948, as well as his writings of 1949 and 1962. Analysis is conducted on the succession of Betti's ideas in these works, which is traced despite the discrepancy in their theme (legal and philosophical). The author indicates &ldquo;legal&rdquo; origin of the canons of Bettis&rsquo; hermeneutics, namely the canon of autonomy of the object. Emphasis is placed on the problem of objectivity in Betti's theory, as well as on dialectical tension between the historicity of the interpreted subject and strangeness of the object that accompanies legal, as well as any other type of interpretation. The article reveals the key moment of Betti's criticism of Hans-Georg Gadamer. Regarding the question of historicity of the subject of interpretation. The conclusion is made that the origin of the general theory of interpretation lies in the approaches and methods developed and implemented by Betti back in legal hermeneutics and in studying history of law. &nbsp;&nbsp;Betti's philosophical theory was significantly affected by the idea on the role of modern legal dogma in interpretation of the history of law. Namely this idea that contains the principle of historicity of the subject of interpretation, which commenced&nbsp; the general hermeneutical theory of Emilio Betti, was realized in canon of the relevance of understanding in the lecture in 1948, and later in the &ldquo;general theory of interpretation&rdquo;. The author also underlines that the question of objectivity of understanding, which has crucial practical importance in legal hermeneutics, was transmitted into the philosophical works of E. Betti, finding reflection in dialectic of the subject and object of interpretation.

scholarly journals LOOKS of PROFESSOR V.H.DEMCHENKO (1831-1914) IN RELATION TO SHOWS OF WITNESSES AS PROOF IN RULE-MAKING IN TIME OF KYIV RUS

2019 ◽  
Keyword(s):  
Historical Research ◽  
Peter The Great ◽  
General Rules ◽  
History Of ◽  
History Of Law ◽  
True Order ◽  
Russian Law ◽  
Rule Making ◽  
Judicial Role

Historyof Law Kyiv Rus, without regard to the more than 200-years-old period of her research, continues to remain in the field of attention of scientists, and, also, politicians. One of important questions of History of Law these period is a question about rule-making and role in him shows of witnesses. This problem was studied thoroughly enough as early as ХІХ of century and one of active acting persons of discussion round this theme there was a historian of law, native of Ukraine, professor of the Kyiv university Vasyl Hryhorovych Demchenko. In the master's degree dissertation "Historical research is about the shows of witnesses as proof in matters of judicial, accoding the Russian law before Peter the Great" (in 1859), V.H. Demchenko considered becoming of such important institute of judicial law as institute of certificate in detail. A scientist marks the value of judicial proofs in general genesis of law, he underlines that before an arbitrariness was the only means of guard of rights, but development of society resulted in a volume, that next to this means already the guard of rights for cramps began to be used. He considered that the judicial aspects related to the shows of witnesses are system enough set forth in Russian True. A researcher paid attention to that Russian True talks about witnesses in most cases in connection with those the offences that must be by them validified, in accordance with every case, where this proof is required. Therefore resolutions about them matter general not rules that spread to all possible cases of their use, but touch only private, that have force only for those cases for that they are straight set. General rules some resolutions that is unconnected with determinations about separate offences matter only. A scientist underlined that the judicial role of witnesses accoding Russian True did not have been limited to only the value of them, as judicial proof. On occasion they got the certain participating in realization of process. It touched those judicial events application of that got to parties without every participation of some government bodies ( for example,zvid). In the research of V.H. Demchenko analysed a question about the capacity of witnesses for a certificate, specified also on space of application of proofs with participation of witnesses after Russian True, order of finishing telling with participation of witnesses, force of shows of witnesses. Thus, V.H. Demchenko no doubt, was one of the most skilled specialists on history law that investigated time of Kyiv Rus.

scholarly journals HENRI LÉVY-BRUHL’S DOCTRINE ON LAW AND ON THE FORMATION OF LEGAL SCIENCE OF A NEW TYPE

2017 ◽  
Vol 3 (4) ◽  
pp. 58-66
Author(s):  
Владимир Пужаев ◽  
Vladimir Puzhaev
Keyword(s):  
Scientific Discipline ◽  
Sociology Of Law ◽  
Legal Anthropology ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
True Source ◽  
History Of ◽  
New Type ◽  
History Of Law

The article is devoted to the investigation of legal ideas of Henri Lévy-Bruhl, a French lawyer and sociologist of the XX century, who is considered to be one of the founders of contemporary sociology of law, legal ethnography and legal anthropology. The author of the article analyzes the late articles of Henri Lévy-Bruhl. The author of the article examines the notion “juristique”, introduced by the French professor, and investigates its methodological and substantial peculiarities. As a scientific discipline, “juristique” was supposed to be shaped through the integration of sociology of law, history of law and comparative law into a body. The author also pays special attention to H. Lévy-Bruhl’s theoretical views on the question of law and mechanisms of its formation, on subjects of law-making and sources of law. In particular, the author considers Lévy-Bruhl’s views of collective opinion as the only true source of law, customs’ priority over legislation among all forms of law, judicial practice as the modality of a custom. The key role of Durkheim’s sociology in the shaping of Henri Lévy-Bruhl’s legal views is also highlighted. Henri Lévy-Bruhl’s particular ideas are compared with the doctrine of historical school of law. The final part of the article is devoted to formulating a series of theses which reflect the peculiarities of Henri Lévy-Bruhl’s legal views and his role in contemporary legal doctrine.

The Role of Theory

2014 ◽  
Author(s):  
Richard Swedberg
Keyword(s):  
Social Science ◽  
Social Theory ◽  
Types Of Knowledge ◽  
History Of ◽  
The Way

This chapter looks at the role of theory in theorizing. Knowing theory, in order to be good at theorizing in social science, is not the same as having a knowledge of the history of social theory. It is true that it is helpful to have some of the skills of an intellectual historian when one tries to figure out what a concept means, why a theory looks the way it does today, and similar issues. However, this is not the kind of knowledge that one basically needs to have in order to be good at theorizing. The two types of knowledge that are needed in order to theorize well are knowledge of the basics of social theory and knowledge of a number of concepts, mechanisms, and theories.

Part I Histories, Ch.2 Roman Law and the Intellectual History of International Law

2016 ◽  
Author(s):  
Lesaffer Randall
Keyword(s):  
International Law ◽  
Intellectual History ◽  
Middle Ages ◽  
Roman Law ◽  
Late Middle Ages ◽  
History Of ◽  
History Of Law ◽  
History Of International Law ◽  
Roman Antiquity

This chapter describes the role of Roman law—whose influence has been largely underestimated in recent scholarship—in the intellectual history and development of international law. To that end, the chapter offers a general survey of the historical interactions between Roman law and international law, drawing from general insights into the intellectual history of law in Europe that have remained remarkably absent in the grand narrative of the history of international law. The focus is on the periods in which these interactions were most pronounced. Next to Roman Antiquity, these are the Late Middle Ages (eleventh to fifteenth centuries) and the Early Modern Age (sixteenth to eighteenth centuries).

scholarly journals PEMIKIRAN ISLAM DALAM PEMBENTUKAN NASIONALISME INDONESIA: SEBUAH ANALISIS SEJARAH HUKUM

2019 ◽  
Vol 19 (01) ◽  
pp. 62-79
Author(s):  
Fokky Fuad Wasitaatmadja
Keyword(s):  
Research Method ◽  
Historical Approach ◽  
Legal Method ◽  
Unitary State ◽  
History Of ◽  
History Of Law ◽  
The Republic ◽  
Islamic Values

ABSTRAK Kajian tentang nilai-nilai islam dan kaitannya dengan pembentukan kesadaran nasionalisme menjadi menarik untuk dikaji karena: peran ulama dan para pejuang muslim tersebut tidak lepas dari semangat untuk keluar dan lepas dari penjajahan. Peran para pejuang Islam baik yang berjuang secara fisik maupun yang berjuang dengan pemikiran melalui pena perlu dikaji untuk mengetahui secara historis peran ulama yang sangat penting dalam pencapaian kemerdekaan dan pembentukan Negara Kesatuan Republik Indonesia. Rumusan masalah dalam penelitian ini adalah: bagaimanakah gagasan pembentukan kesadaran kebangsaan para tokoh bangsa ditinjau dari sisi sejarah hukum? Metode penelitian yang digunakan adalah metode hukum normatif dengan pendekatan sejarah hukum. Teori yang digunakan dalam penelitian ini adalah teori sejarah hukum yang dikembangkan oleh Karl von Savigny. Kesimpulan penelitian yang diperoleh adalah: pemikiran K. von Savigny yang melihat sebuah perubahan dari bentuk yang primitif menuju sebuah bentuk modern juga terlihat dalam proses pembentukan kesadaran nasionalisme Indonesia. ABSTRACT The study of Islamic values and their relation to the formation of nationalism awareness is interesting to study because: the role of the ulama and Muslim warriors is inseparable from the spirit to get out and escape from colonialism. The role of Islamic fighters, both those who struggle physically and those who struggle with ideas through a pen, needs to be examined to find out historically the role of the ulema which is very important in the achievement of independence and the formation of the Unitary State of the Republic of Indonesia. The formulation of the problem in this study is: how is the idea of forming national awareness among national figures in terms of the history of law? The research method used is a normative legal method with a historical approach to law. The theory used in this study is the theory of legal63 history developed by Karl von Savigny. The conclusions of the research obtained are: K. von Savigny's thought which saw a change from primitive to modern patterns was also seen in the process of shaping Indonesian nationalism awareness.

Law Reporting and Public Access in the Courts: Is Too Much a Good Thing?

2019 ◽  
Vol 19 (4) ◽  
pp. 224-229 ◽  
Author(s):  
Paul Magrath
Keyword(s):  
Public Access ◽  
Annual Conference ◽  
Legal Information ◽  
The Past ◽  
Selective Approach ◽  
Administration Of Justice ◽  
History Of ◽  
Pros And Cons ◽  
History Of Law

AbstractThis article by Paul Magrath considers the role of law reporting not only as a service in support of the administration of justice and legal education, but also in the wider context of open justice, transparency and public legal information. It traces the history of law reporting and considers the pros and cons of the more comprehensive publication of judgments of the senior courts made possible by digitisation and the internet, in comparison with the more selective approach adopted in the past. The article is loosely based on a presentation given at the annual conference of the British and Irish Association of Law Librarians held in Bournemouth in June 2019.

Law reform in the twenty-first century

Legal Studies ◽  
2006 ◽  
Vol 26 (3) ◽  
pp. 321-328 ◽  
Author(s):  
Roger Toulson
Keyword(s):  
Law School ◽  
First Century ◽  
Law Reform ◽  
Future Prospects ◽  
History Of ◽  
History Of Law ◽  
The Law ◽  
The University ◽  
Law Commission

In this paper, which is the text of a lecture given at the official launch of the Law School at the University of Bradford on 11 May 2006, the history of law reform in England is traced, the role of the Law Commission is analysed and future prospects are considered.

Social Science and Ideological Critiques of Ecclesiology

2018 ◽  
pp. 552-572
Author(s):  
Neil Ormerod
Keyword(s):  
Social Sciences ◽  
Social Science ◽  
Human Condition ◽  
Dietrich Bonhoeffer ◽  
Problematic Relationship ◽  
The Social ◽  
Edward Schillebeeckx ◽  
History Of ◽  
The Human Condition

Theology has long engaged philosophy as a dialogue partner, but the social sciences raise a new set of issues as both theology and the social sciences reflect concretely on the human condition. The problematic relationship between theology and the social sciences is perhaps nowhere more evident than in the area of ecclesiology. Whenever ecclesiology turns from more idealistic ahistorical forms of discourse to deal with the actual context and constitution of historical communities, the role of the social sciences in providing insights into those contexts and constitutions becomes difficult to deny. This chapter seeks to map out some of the history of the engagement with the social sciences by ecclesiologists such as Clodovis Boff, Dietrich Bonhoeffer, Edward Schillebeeckx, John Milbank, and Roger Haight, and the challenges that this engagement poses. Underlying this debate are profound theological issues concerning grace and nature.

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