sociological jurisprudence

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716 documents for sociological jurisprudence
  • Sociological JURISPRUDENCE is one of the most important schools of legal thought in the twentieth century. Its major ...

  • This paper revisits the protracted, inconclusive and sometimes unedifying debate prompted by HLA Herbert Hart's famous claim in the Preface to The Concept of Law that the book might be regarded as a contribution not only to analytical jurisprudence but also to descriptive sociology. The paper's argument shall proceed in three stages. First, this paper shall examine Hart's original claim, interpreting it in light of the archival materials -- particularly Hart's working notebooks. In the second stage, the paper shall consider the relationship between Hart's idea that legal theory had to do with both analytical jurisprudence and descriptive sociology, and what might be called the project of special as opposed to general jurisprudence. In the final stage, the paper develops the argument of ...

    ... between the analytic and sociological approaches to legal theory, and of the relative ...

  • Introduction. II. Comparative Review of Domestic Judicial Treaty Incorporation. III. The Egyptian Political Field. A. Islamic Fundamentalism in Egyptian Politics. B. Mubarak's Containment Strategy. C. The Political Role of the Supreme Constitutional Court. IV. Interpretive Incorporation. A. Conventions Used to Supplement, Refine, and Interpret Constitutional Provisions. 1. The Army Officer Case. 2. The Use of International Sources in Subsequent Opinions. B. Article 2 of the Egyptian Constitution: Secular Application of Islamic Principles. 1. The SCC Method of Islamic Interpretation. 2. The Veil Case. 3. Critique of the SCC's Article 2 Interpretational Method. V. Prospects For Future Doctrinal Refinement in Article 2 Interpretation Through the Use of International Sources. VI. Sources...

    ... of legitimate authority in Islamic jurisprudence. 2 There is valid concern that if the Article 2 ... of the doctrine, as well as several sociological factors. For instance, a radical Court would ...

  • The Constitution does not give the federal government authority to regulate our health care. This mess was caused by the Supreme Court making decisions that were based on sociological jurisprudence -- a code name for decisions that sidestep the strict requirements as dictated by our Founding Fathers. Congress has the authority to correct this, but reelection is much more important to them than doing the job of protecting the citizenry.

  • Law's History: American Legal Thought and the Transatlantic Turn to History, by David M. Rabban, is reviewed.

    ... on the question primarily of why jurisprudence in the United States took a supposed turn towards ... is the transition from historical to sociological jurisprudence around the turn of the twentieth ...

  • [...]the law might incorporate custom by allowing it to directly define rights and duties, but in such situations custom must be stripped down, simplified, and formalized in order to be usable by a wide and impersonal set of actors.2 This constraint of simplicity and formality for substantive direct use of custom in the law applies with special force in that part of property law that deals with in rem rights. [...]positivism became popular over the course of the nineteenth century, and narrow versions of positivism tend to look towards legislatures as a source of law and to emphasize the consciously designed character of legal orders.

    ... and conceptualism of classical jurisprudence is well-known." But this leaves us with the ... Many of the realists reached back to sociological jurisprudence (and indirectly to the historical ...

  • In this Note, the author argues that substantive due process makes for problematic antidiscrimination law. Part I of this Note provides background. Part II examines several scholars' perspectives on Buchanan v. Warley. In Part III, the author presents my core criticisms of substantive due process as antidiscrimination law. He argues, in subpart III(A), that while the libertarian thrust of the doctrine proved helpful in combating discrimination via statute, its emphasis on contractual freedom furthered the restrictive covenants that perpetuated residential segregation. In subpart III(B), he contends that theoretical weaknesses in substantive due process aided cities that enacted segregation ordinances after Buchanan. Finally, in Part IV, he continues his criticisms as he attempts to sket...

    ... libertarian and segregationist jurisprudence at conflict in Buchanan and covers the history of ... brands this ideology "progressive sociological jurisprudence."120 Its proponents denied that ...

  • [...] the Family Law Exceptionalism project includes investigating the descriptive and normative dimensions of the specialness of family law that emerge when the frame of family law exceptionalism guides exploration of the meaning and operation of family law across legal systems; the project also offers a critical approach to understanding how the exceptional character of family law is crucial in structuring the relationships and interactions among different domains of law in the ordering of life within and across societies. [...] we see family law in action, as it happens and operates in the world, not as abstracted legal rules.

    ... realist tradition, as well as to sociological jurisprudence, including the sociological bent of ...

  • § 2.1 Introduction to . § 2.2 The Nature of Law. § 2.2.1 Analytic versus Functional Approaches to the Nature of Law. § 2.2.2 Discussion of Analytic versus Functional Approaches in Terms of the Four Causes. § 2.2.2.1 Material Causes and the Nature of Law. § 2.2.2.2 Formal Causes and the Nature of Law. § 2.2.2.3 Efficient Causes and the Nature of Law. § 2.2.2.4 Final Causes and the Nature of Law. § 2.3 The Nature of the Judicial Task. § 2.3.1 Positivist versus Normative Approaches to the Judicial Task. § 2.3.2 Discussion of Positivist versus Normative Approaches in Terms of the Four Causes. § 2.3.2.1 The Positivist View. § 2.3.2.2 The Normative View. § 2.4 How Perspectives on the Nature of Law and the Judicial Task Combine.

    ..." in his article entitled American Jurisprudence Through English Eyes: The Nightmare and The Noble ..., supra note 3, at 111-33 (discussing sociological jurisprudence); Lloyd, supra note 3, at 344-564 ...

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