scholarly journals Reconstruction of the history of law and psychology as applied psychology

Author(s):  
Kosuke Wakabayashi ◽  
Yichic Den ◽  
Yuki Nakata ◽  
Miki Takasuna ◽  
Hazime Mizoguchi
2011 ◽  
Vol 2 (2) ◽  
pp. 69-112
Author(s):  
Pierre Legendre

"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. "


Author(s):  
Tom Johnson

There were tens of thousands of different local law-courts in late-medieval England, providing the most common forums for the working out of disputes and the making of decisions about local governance. While historians have long studied these institutions, there have been very few attempts to understand this complex institutional form of ‘legal pluralism’. Law in Common provides a way of apprehending this complexity by drawing out broader patterns of legal engagement. The first half of the book explores four ‘local legal cultures’ – in the countryside, towns and cities, the maritime world, and Forests – that grew up around legal institutions, landscapes, and forms of socio-economic practice in these places, and produced distinctive senses of law. The second half of the book turns to examine ‘common legalities’, widespread forms of social practice that emerge across these different localities, through which people aimed to invoke the power of law. Through studies of the physical landscape, the production of legitimate knowledge, the emergence of English as a legal vernacular, and the proliferation of legal documents, it offers a new way to understand how common people engaged with law in the course of their everyday lives. Drawing on a huge body of archival research from the plenitude of different local institutions, Law in Common offers a new social history of law that aims to explain how common people negotiated the transformational changes of the long fifteenth century through legality.


Author(s):  
Hubert Treiber

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.


1988 ◽  
Vol 15 (8) ◽  
pp. 3-44 ◽  
Author(s):  
Anghel N. Rugina

The unity of our spirit makes it impossible to work toward a certain end without thinking that this end can and must be achieved, even if only in the distant future and through the work of later generations… Objective examination in the ups and downs in the history of law cannot and must not extinguish our faith in justice as a supreme human ideal. Even in the face of events which represent a setback or a deviation, that ideal remains unshaken as a criterion of value; without it, deviation would be meaningless. Even if contradicted by empirical facts, this ideal does not lose its ethical and deontological truth. These contradictions between “is” and “ought to be” can be neither permanent nor general. Giorgio del Vecchio, Man and Nature


Antiquity ◽  
1928 ◽  
Vol 2 (7) ◽  
pp. 328-336
Author(s):  
F. Wildte

The Scandinavian peoples emerge into the light of history much later than their neighbours in the South and the West, the Teutons on the Continent and in England. It was only through the Viking raids that the Nordic peoples came into touch with the rest of Europe, and were gradually converted to Christianity. Long after the introduction of the Christian faith they preserved many peculiar and archaic traits. Thus the Nordic peoples retained, with great tenacity and conservatism, their ancient judicial system. This system has therefore been the object of considerable interest even outside Scandinavia, although the manuscripts through which it has become known are much later than the corresponding documents of other Teutonic nations.An investigation of the localities where justice was dispensed in former ages is of importance not only for the history of civilization, but also as a complement to the study of oral and written tradition, and thus to the history of law itself. In view of the many points of similarity between the judicial systems of the various Teutonic nations, some notes on the Thing-steads, or places of assembly, in Sweden, Norway, and Denmark, may perhaps be of interest to English-speaking readers.


Author(s):  
Iuliia Rossius

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.


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