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Sociological Approaches to Theories of Law applies empirical insights to examine theories of law proffered by analytical jurisprudents. The topics covered include artifact legal theory, law as a social construction, idealized accounts of the function of law, the dis-embeddeness of legal systems, the purported guidance function of law, the false social efficacy thesis, missteps in the quest to answer 'What is law?', and the relationship between empiricism and analytical jurisprudence. The analysis shows that on a number of central issues analytical jurisprudents assert positions inconsistent with the social reality of law. Woven throughout the text, the author presents a theoretically and empirically informed account of law as a social institution. The overarching theme is that philosophical claims about the nature of law can be tested and improved through greater empirical input.
Sociological jurisprudence. --- Jurisprudence --- Sociology --- Law and the social sciences --- Law --- Law and society --- Society and law --- Sociology of law
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Discover how philosophy is essential to the creation, development, application and study of international lawNew for this editionUpdated to cover recent developments in international law, including the 2008 world financial crisis and its effect on international economic and financial law, and the Obama administration’s approach to international law in the war on terror Each chapter includes suggestions for further reading, including the most current sources from 2016Anthony Carty tracks the development of the foundations of the philosophies of international law, covering the natural, analytical, positivist, realist and postmodern legal traditions. You'll learn how these approaches were first conceived and how they shape the network of relationships between the signatories of international law.Key featuresExplores four areas: contemporary uncertainties; personality in international law; the existence of states and the use of force; and international economic/financial lawThe historical introduction gives you an overview of the development of the philosophy of international law, from late-scholastic natural law to the gradual dominance of legal positivism, and to the renewed importance of natural law theory in legal philosophy todayRevises the agenda for international lawyers: from internal concerns with the discipline itself outwards to the challenges of international society
International law --- Sociological jurisprudence. --- Law --- Law and society --- Society and law --- Sociology of law --- Jurisprudence --- Sociology --- Law and the social sciences --- Natural law --- Philosophy.
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Law and economics. --- Sociological jurisprudence.. --- Law --- Law and society --- Society and law --- Sociology of law --- Jurisprudence --- Sociology --- Law and the social sciences --- Economics and jurisprudence --- Economics and law --- Jurisprudence and economics --- Economics
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Law and economics. --- Sociological jurisprudence.. --- Law --- Law and society --- Society and law --- Sociology of law --- Jurisprudence --- Sociology --- Law and the social sciences --- Economics and jurisprudence --- Economics and law --- Jurisprudence and economics --- Economics
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Customary law --- Ethnological jurisprudence --- Legal polycentricity --- Law and the social sciences --- Social sciences and law --- Social sciences --- Sociological jurisprudence --- Bijuralism --- Legal pluralism --- Pluralism, Legal --- Polycentric law --- Polycentricity, Legal --- Law --- Conflict of laws --- Jurisprudence, Ethnological --- Comparative law --- Customs (Law) --- Folk law --- Law, Primitive --- Traditional law --- Usage and custom (Law) --- Social norms --- Common law --- Time immemorial (Law) --- Customary law. --- Ethnological jurisprudence. --- Law and the social sciences. --- Legal polycentricity. --- Legal theory and methods. Philosophy of law
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Sociological jurisprudence. --- Comparative law. --- Conflict of laws. --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative --- Law and society --- Society and law --- Sociology of law --- Jurisprudence --- Sociology --- Law and the social sciences --- Civil law
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"This innovative book explores the role of utopian thinking in law and politics, including alternative forms of social engineering, such as technology and architecture. Building on Levitas' Utopia as Method, the topic of utopia is addressed within the book from a multidisciplinary perspective. The book addresses central questions surrounding utopian thinking: What are its implications for law and politics? To what extent does it constitute a desirable vision? What are its risks or dangers? How is utopia related to ideology? An impressive selection of contributors reflect on the challenge of utopianism and its attraction, advancing the global public debate on social and political issues. Divided into three accessible parts, this book discusses the relationship between utopia and the law, the notion of utopian politics and utopia in architecture and technology. Addressing the topic of utopia from a variety of perspectives, this book will be an interesting read for academic scholars and students in the field of law, legal and political theory, philosophy, ethics, sociology, religious studies, technology and architecture. In particular, it is relevant for scholars who are interested in the dynamics of social, legal and political change"--
Hope. --- Ideology. --- Sociological jurisprudence. --- Law --- Law and society --- Society and law --- Sociology of law --- Jurisprudence --- Sociology --- Law and the social sciences --- Knowledge, Theory of --- Philosophy --- Political science --- Psychology --- Thought and thinking --- Emotions --- Shakespeare, William, --- Knowledge and learning. --- Criticism and interpretation. --- Europäische Union --- European Union. --- European Union --- Membership. --- Fezzan (Libya) --- Antiquities. --- Alte Prager Akten --- Verfassungsgeschichte --- Rechtsgeschichte --- Antiqua --- Denegata antiqua --- Höchstgericht --- Reichshofrat
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Since the Second World War, the Muslim Brotherhood in Egypt faced periods of extensive state repression, between 1948-1951 and 1954-1970 and again after 2013. These mihan or "ordeals", as members call them, were characterised by a shift from overt political activity to clandestine organising, and despite their importance have remained little studied. This book uses extensive archival research to uncover what took place when the organisation was forced unground and how and why it survived. It combines social theory with a vast array of primary source material such as autobiographical accounts produced by members, Egyptian court documents accounts by members of the Egyptian military or intelligence officers, and reports by British and American diplomats and intelligence officers. The result is a new bottom-up perspective on the Brotherhood's structure that goes beyond the role of leaders such as Sayyid Qutb to reveal it as both an overt political organisation and a secretive one able to withstand extended and harsh periods of persecution.
Memoirs. --- Revolutions, uprisings, rebellions. --- Middle Eastern history. --- Social Science --- History --- Religion --- Islamic studies. --- Islamic Studies. --- Middle East --- Egypt. --- Religion, Politics & State. --- Sociological jurisprudence --- Law --- Law and society --- Society and law --- Sociology of law --- Jurisprudence --- Sociology --- Law and the social sciences --- Sociological jurisprudence. --- Revolutions. --- Egypt --- Politics and government. --- Politics --- Revolution --- Jamʻīyat al-Ikhwān al-Muslimīn (Egypt) --- Politics and government
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This book explores the issue of abortion and women's rights in contemporary China. With a vast population, China's government has pursued controversial policies, such as the One Child Policy, in the past. Today, a rapidly urbanizing society is aging quickly, and the policies are loosening; but what are the implications for Chinese women, and how do policies compare to those in the West? In this groundbreaking book, Dr. Jiang eludicates the Chinese legal and social history of abortion for the first time in English. This book will be of interest to lawyers, NGO researchers, feminists and academics. Weijun Jiang is a researcher at the Peking Union Medical College Hospital, and holds a PhD in law from Beijing Normal University. She is among China's foremost scholars on reproductive policy and the law.
Sociology of the family. Sociology of sexuality --- International relations. Foreign policy --- Law --- Social law. Labour law --- Higher education --- HO (hoger onderwijs) --- internationale politiek --- sociologie --- feminisme --- recht --- sociaal recht --- Asia --- Law and the social sciences. --- Feminism. --- Feminist theory. --- Asian Politics. --- Socio-Legal Studies. --- Feminism and Feminist Theory. --- Politics and government.
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"Making a key contribution to the contemporary debate about methods in European legal research, this comprehensive book looks behind different methodologies to explore the institutional, disciplinary, and political conflicts that shape questions of method or approach in European legal scholarship. Offering a new perspective on the underlying politics of method, it identifies four core dimensions of methodological struggle in legal research - the politics of questions, the politics of answers, the politics of legal audiences, and the politics of the concept of law. Chapters explore how methodological choices impact the questions legal scholars ask, the answers they seek, the audiences for and to whom they speak, and ultimately their understanding of the legal and the social world. Leading contributors uncover the framing discourses, institutional inertias, and political pressures that shape research questions, while assessing the effects of importing social science methods into legal research, and how audiences of legal research and education shape our understanding of law. Concluding with a reflection on the continued, if qualified, relevance of formal doctrinal methods for European legal research, this thought-provoking book will be a key resource for students and scholars of law and politics, research methods and European law"--
Law --- Legal research --- Critical legal studies --- Sociological jurisprudence --- Law and society --- Society and law --- Sociology of law --- Jurisprudence --- Sociology --- Law and the social sciences --- Critical legal studies movement --- Critical theory --- Legal bibliography --- Research --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Legislation --- Study and teaching --- Political aspects --- Critical legal studies. --- Sociological jurisprudence. --- legal science. --- research. --- case-law. --- Europe. --- teaching method. --- Study and teaching.
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