Author: Brian Z. Tamanaha
Publisher: Oxford University Press
Release Date: 1997
Combining philosophical pargmatism with a methodological foundation, Tamanaha formulates a framework for a realistic approach to socio-legal theory. The strengths of this approach are contrasted with that of the major schools of socio-legal theory by application to core issues in this area. Thus Tamanaha explores the problematic state of socio-legal studies, the relationship between behaviour and meaning, the notion of legal ideology, the problem of indeterminacy in rule following and application, and the structure of judicial decision making. These issues are tackled in a clear and concise fashion while articulating a social theory of law which draws equally from legal theory and socio-legal theory.
In this insightful collection, a broad range of scholars analyzes a core issue for socio-legal studies, what is understood by the 'socio' of the 'socio-legal'. Drawing from legal theory, cultural studies, and social policy, the collection's wide scope of themes and topics provides an important stock-take and analysis of the socio-legal field.
Socio-legal researchers increasingly recognise the need to employ a wide variety of methods in studying law and legal phenomena, and the need to be informed by an understanding of debates about theory and method in mainstream social science. The papers in this volume illustrate how a range of topics, including EU law, ombudsmen, judges, lawyers, Shariah Councils and the quality assurance industry can be researched from a socio-legal perspective. The objective of the collection is to show how different methods can be used in researching law and legal phenomena, how methodological issues and debates in sociology are relevant to the study of law, and the importance of the debate between "structural" and "action" traditions in researching law. It also approaches the methodological problem of how sociology of law can address the content of legal practice from a variety of perspectives and discusses the relationship between pure and applied research. The editors provide a critical introduction to each of the six sections, and a general introduction on law, sociology and method. The collection will provide an invaluable resource for socio-legal researchers, law school researchers and postgraduates.
The field of socio-legal research has encountered three fundamental challenges over the last three decades – it has been criticized for paying insufficient attention to legal doctrine, for failing to develop a sound theoretical foundation and for not keeping pace with the effects of the increasing globalization and internationalization of law, state and society. This book examines these three challenges from a methodological standpoint. It addresses the first two by demonstrating that legal sociology has much to say about justice as a kind of social experience and has always engaged theoretically with forms of normativity, albeit on its own empirical terms rather than on legal theory’s analytical terms. The book then explores the third challenge, a result of the changing nature of society, by highlighting the move from the industrial relations of early modernity to the post-industrial conditions of late modernity, an age dominated by information technology. It poses the question whether socio-legal research has sufficiently reassessed its own theoretical premises regarding the relationship between law, state and society, so as to grasp the new social and cultural forms of organization specific to the twenty-first century’s global societies.
Author: Ann Denis
Release Date: 2009-05-22
Genre: Social Science
"Representing the fruit of in-depth dynamics it invites us to give all necessary attention to the concepts of conflict, cooperation and competition. By reflecting on the possible articulations of these concepts and attempting to apply them in diverse fields of social science the editors give voice to those who are studying the world as it is and perform the service of returning a set of concepts, approaches or paradigms to their legitimate place." - Michel Wieviorka, President, International Sociological Association This ISA Handbook presents and tracks the transformation of the societies and social relations that characterize the twenty-first century. The volume is organized around a conceptualization of three processes that are fundamental to the analyses of micro, meso and macro social relations: conflict, competition, and cooperation. In addition to chapters that delve into sociological theory, case studies and overviews of subfields discuss and contextualize debates from an international perspective, incorporating relevant material about North America, Latin America, Europe, Africa and Asia. Chapters on topics and fields crucial to the experience of people around the world include, among others: childhood studies, consumption, hunger, labour studies, peace-keeping, law, health, sport, and welfare. Systematic and informed, the handbook will serve readers in all branches of the social sciences, providing both experienced researchers and novices with the materials to explore the different domains of contemporary life.
Author: Kye I. Lee
Publisher: Mohr Siebeck
Release Date: 2010
English summary: Kye Il Lee deals with the implications of constructivism in legal theory and in doing so focuses on the structure of the legal decision. In the first part of his book, he studies the constructivist communication theory as a basis for the application of constructivism to the structure of the legal decision. He then establishes a constructivist communication model which serves as a basis for the structuring of the legal decision in the second part of the book. In the third and last part of the book, the author puts the constructivist structure theory of the legal decision which he has developed into the existing context of legal theory. His study shows that a constructivist concept of the legal decisions can also be defined as a post-positivistic, neorealistic and institutional concept. German description: Kye Il Lee befasst sich mit der Frage nach den rechtstheoretischen Implikationen des Konstruktivismus und thematisiert so die Struktur der juristischen Entscheidung. Im ersten Teil geht er der konstruktivistischen Kommunikationslehre als einer Grundlage zur Anwendung des Konstruktivismus auf die Struktur der juristischen Entscheidung nach. So gewinnt er ein konstruktivistisches Kommunikationsmodell, das als Basis fur die Strukturierung der juristischen Entscheidung im zweiten Teil des Buches dient. Im letzten und dritten Teil wird die vom Autor konkretisierte konstruktivistische Strukturtheorie der juristischen Entscheidung in dem vorhandenen rechtstheoretischen Zusammenhang eingeordnet. Als Ergebnis der Untersuchung zeigt sich, dass eine konstruktivistische Konzeption der juristischen Entscheidung auch als eine post-positivistische, neorealistische und institutionelle Konzeption zu definieren ist.
Inhalt: Klassische Ansätze zur Rechtssoziologie - Rechtsbildung: Grundlagen einer soziologischen Theorie - Recht als Struktur der Gesellschaft - Positives Recht - Sozialer Wandel durch positives Recht - Rechtssystem und Rechtstheorie.
Author: Rudolf Von Jhering
Publisher: Trieste Publishing
Release Date: 2017-07-30
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