scholarly journals Conceptual pluralism in foreign philosophy and sociology of law: history and modernity

2020 ◽  
pp. 27-43
Author(s):  
Andrei Andreevich Kovalev
Keyword(s):  
Social Life ◽  
Legal Theory ◽  
Legal Positivism ◽  
Sociology Of Law ◽  
Administrative Practice ◽  
The Social ◽  
Legal Nature ◽  
Western Law ◽  
Sociological Approaches ◽  
Conceptual Pluralism

This article analyzes conceptual representations of the prominent foreign philosophers of law as a reality of social existence and a form of collective consciousness, which are traditionally attributed to philosophy and sociology of law. The goal of this research consists in the following: 1) assess the attitude of analytical jurisprudence towards theoretical integration of various aspects of law by analogy with the sociology of law; 2) follow the correlation between philosophical and sociological approaches towards interpretation of socio-legal meanings of modernity; 3) analyze the dependence of development of the philosophy of law, which was often searching for explanations in distinct underlying logic inherent to practice of law, on the sociology of law, which tends to comprehend  law in relation to various aspects of organization of social life (including professional legal and administrative practice). The novelty of this of this work is defined by the following aspects. The article makes an attempt of comprehensive analyze of various approaches and theories, as well as assesses feasibility of examination of questions of social and legal nature in the context of sociology of law. Attention is given to the experience of Western law, which in the author’s opinion virtually implies national state law, i.e. what British philosopher, the founder of legal positivism John Austin, called independent political societies. The article reveals the question of critical potential of sociology of law, which criticized the assumption that nature of the social is not a problem for legal theory

scholarly journals Individual and Social in L.I. Petrazhitsky's Philosophy of Law

2021 ◽  
Vol 25 (3) ◽  
pp. 513-523
Author(s):  
Leonid Yu. Kornilaev
Keyword(s):  
Social Order ◽  
Social Life ◽  
Legal Theory ◽  
Psychological Theory ◽  
Life Forms ◽  
Mental Life ◽  
Emotional Life ◽  
The Social ◽  
The Law ◽  
Theory Of Law

Along with competing legal concepts of positivism and gnoseologism in the second half of the 19th century, a direction of legal psychology was formed, within which the psychological theory of law by the Russian and Polish lawyer L.I. Petrazhitsky takes a prominent place. L.I. Petrazhitsky's legal theory interprets the law as a mental phenomenon in a person's mind. The mental life forms the internal and external legal behavior. Studying the law becomes possible only by analyzing the subject's particular kind of emotional life - legal experience. Our focus on the individual's emotional world gives us reason to think of the theory as individualistic, i.e., close to the subject's mental life. At the same time, the Russian lawyer's psychological doctrine also gains explanatory potential for scrutinizing social life. It contains ideas that reveal such mechanisms of social functioning as the affirmation of the ideal of love as the ultimate goal of law-making, the priority of unofficial law in the life of society, and a specific interpretation of public and private law. The system of legal emotions is carried out on the social niveau and establishes such values as love and social order. The article reconstructs the main provisions of Petrazhitsky's psychological theory of law from the point of view of the interaction of its individual and social sides. The social potential of the Russian lawyer's theory appears capable of supplementing and explaining the ideas of socialism and sobornost discussed widely at the turn of the 19th and 20th centuries. Petrazhitsky's individualistic doctrine appears as a flexible concept, capable of fitting organically into various philosophical and sociological contexts.

Different Philosophical, Aesthetic and Sociological Approaches to the Relation Art-Labor-Economy

2013 ◽  
Vol 2 (3) ◽  
pp. 32-45
Author(s):  
Loredana Stoica
Keyword(s):  
Social Life ◽  
The Social ◽  
Sociological Approaches

The article is focused on depicting some of the most important theories about the interdependent relation between art, labor and economy as compartments of the social life, built on specific strategies, forms of communication and types of messages, codes and laws that have various kinds of utility and finality for man as an artist and social performer.

6. Sociological and Anthropological Approaches

2016 ◽  
Author(s):  
Damien Short
Keyword(s):  
Human Rights ◽  
Social Constructionism ◽  
Social Life ◽  
Legal Positivism ◽  
Cultural Relativism ◽  
Citizenship Rights ◽  
Common Bond ◽  
The Social ◽  
Universal Human Rights ◽  
Ethnographic Methodology

This chapter explores sociological and anthropological approaches to the study of human rights. Anthropologists and sociologists have typically been either positivists or relativists. Consequently they have been slow to develop an analysis of justice and rights, thus lagging behind other disciplines in analysing the growth of universal human rights. This chapter shows how sociology and anthropology finally engaged with the concept of universal human rights after a long disciplinary focus on cultural relativism and legal positivism. It considers how sociology expanded its analysis of citizenship rights to that of human rights and how anthropology turned its ethnographic methodology towards an examination of the ‘social life of rights’. It also describes ‘social constructionism’ as a common bond between sociology and anthropology, laying emphasis on the importance of sociological and anthropological perspectives to the study of human rights.

scholarly journals La società europea in costruzione

2012 ◽  
Author(s):  
Laura Leonardi
Keyword(s):  
Identity Formation ◽  
European Integration ◽  
Social Life ◽  
Social Inequalities ◽  
Social Dimension ◽  
Social Model ◽  
The Social ◽  
Long Time ◽  
Sociological Approaches ◽  
The Individual

The social dimension has been neglected for a long time in the analysis of the change phenomena accompanying the European integration process. The proposed analysis tries to enhance the different sociological approaches to the study of the restrictions and factors favouring/hindering European integration and to how this, in turn, influences and structures social life, by looking to the social actors, institutions and models of behaviour, and to how the social relationships are configured in the European space. The structuring of European society is captured through analysis of the changes characterizing the European social model, the production of social inequalities, the relationship between citizenship and welfare, and the individual and collective social identity formation processes.

Understanding Jurisprudence

2018 ◽  
Author(s):  
Raymond Wacks
Keyword(s):  
Animal Rights ◽  
Legal Theory ◽  
Legal Positivism ◽  
Extensive Literature ◽  
Economic Analysis Of Law ◽  
Experienced Teacher ◽  
Starting Point ◽  
The Social ◽  
Feminist Theories ◽  
The Law

With a clear, engaging, and informal style, Understanding Jurisprudence is the perfect guide for students new to legal theory looking for a handy and stimulating starting point to this sometimes daunting subject. Key theories and theorists are introduced in a compact and practicable format, offering an accessible account of the central ideas without oversimplification. Further reading suggestions are included throughout, helping students to structure their research and navigate the jurisprudence’s extensive literature. Critical questions are also included in each chapter, to encourage students to think analytically about the law and legal theory, and the numerous debates that it generates. The author is an experienced teacher of jurisprudence and excels at providing a concise, student-friendly introduction to the subject, without avoiding the subtleties of this absorbing discipline. New to this, the book’s fifth edition, are: the most recent scholarship in several areas, including the social and political developments that have influenced the law and legal theory; expanded chapters on natural law, legal positivism, rights, and theories of justice; revised discussions of virtue ethics, human and animal rights, the economic analysis of law, and feminist theories; and updated suggested further reading lists and questions at the end of each chapter.

The Long Arc of Legality

2021 ◽  
Author(s):  
David Dyzenhaus
Keyword(s):  
International Law ◽  
Constitutional Law ◽  
Legal Theory ◽  
Thomas Hobbes ◽  
Legal Positivism ◽  
Legitimate Authority ◽  
Philosophy Of Law ◽  
The Social ◽  
Hans Kelsen ◽  
Legal Space

The Long Arc of Legality breaks the current deadlock in philosophy of law between legal positivism and natural law by showing that any understanding of law as a matter of authority must account for the interaction of enacted law with fundamental principles of legality. This interaction conditions law's content so that officials have the moral resources to answer the legal subject's question, 'But, how can that be law for me?' David Dyzenhaus brings Thomas Hobbes and Hans Kelsen into a dialogue with H. L. A. Hart, showing that philosophy of law must work with the idea of legitimate authority and its basis in the social contract. He argues that the legality of international law and constitutional law are integral to the main tasks of philosophy of law, and that legal theory must attend both to the politics of legal space and to the way in which law provides us with a 'public conscience'.

Current Postvention Research and Priorities for the Future

Crisis ◽  
2017 ◽  
Vol 38 (3) ◽  
pp. 202-206 ◽  
Author(s):  
Karl Andriessen ◽  
Dolores Angela Castelli Dransart ◽  
Julie Cerel ◽  
Myfanwy Maple
Keyword(s):  
Social Life ◽  
Online Survey ◽  
Research Priorities ◽  
Future Research ◽  
Physical And Mental Health ◽  
Intercultural Collaboration ◽  
The Social ◽  
The Future ◽  
Suicide Bereavement ◽  
Ethical Approval

Abstract. Background: Suicide can have a lasting impact on the social life as well as the physical and mental health of the bereaved. Targeted research is needed to better understand the nature of suicide bereavement and the effectiveness of support. Aims: To take stock of ongoing studies, and to inquire about future research priorities regarding suicide bereavement and postvention. Method: In March 2015, an online survey was widely disseminated in the suicidology community. Results: The questionnaire was accessed 77 times, and 22 records were included in the analysis. The respondents provided valuable information regarding current research projects and recommendations for the future. Limitations: Bearing in mind the modest number of replies, all from respondents in Westernized countries, it is not known how representative the findings are. Conclusion: The survey generated three strategies for future postvention research: increase intercultural collaboration, increase theory-driven research, and build bonds between research and practice. Future surveys should include experiences with obtaining research grants and ethical approval for postvention studies.

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