Search results for: “sociological school”
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Sociological School
The Sociological School The sociological school of jurisprudence is, in general, “a product of the 20th century. Its approach to the analysis of law differs from that of the other schools in that it is concerned less with the nature and origin of law than with its actual functions and end results. The proponents of…
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Schools of Jurisprudence
In the last decades, the principal schools of jurisprudence are: the natural-law school, the analytical school, the historical school, the comparative school, and the sociological school. "The first three differ mainly in their views of the nature and origin of law and […]
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Comparative School
The Comparative School The comparative school, “of which the leading early exponents were the German legal scholar Rudolf von Jhering and Albert Hermann Post, represents a widening of the field of investigation. Each national law is studied historically and the various national systems are compared at similar stages of development. As a result of this…
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Historical School
The Historical School “The historical school dates from the 19th century, as a reaction against natural-law ideas. Its principles were first clearly defined in 1814 by the German jurist Friedrich Karl von Savigny.”(1) Other Schools of Jurisprudence In the last decades, others principal schools of jurisprudence are: the analytical school, the natural-law school, the comparative…
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Analytical School
The Analytical School “To the analytical jurist, a law that commands what is ethically wrong or forbids what is ethically right is no less a law if it proceeds from the political sovereign… To the analytical jurist, customary law, including judicial custom, is an anomaly that should be abolished by covering the whole field of…
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Natural-law School
Natural-law School The natural-law school has its roots in Stoic philosophy and Roman jurisprudence; it was increasingly dominant in Europe from the Reformation to the close of the 18th century. The theory of the analytical school was first sharply formulated by the English philosopher Thomas Hobbes in his Leviathan (1651). The views of this school,…
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Research Methods
Research Methods for Sociology Sociologists use nearly all the methods of acquiring information that are used in the other social sciences and the humanities, from advanced mathematical statistics to the interpretation of texts. They also rely heavily on primary statistical information […]
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Normativity
Normativity of Law Books and Papers Jonny Anomaly & Geoffrey Brennan (2014). Social Norms, The Invisible Hand, and the Law. University of Queensland Law Journal 33 (2). Stefano Bertea & George Pavlakos (eds.) (2011). New Essays on the Normativity of Law. Hart Pub.. Brian Bix (2006). Legal Positivism and ‘Explaining’ Normativity and Authority. American Philosophical…
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Jurisprudential Thought
Jurisprudential Thought This entry covers the Schools of Jurisprudential Thought. Schools of Legal Theories Law has different meanings as well as different functions. Philosophers have considered issues of justice and law for centuries, and several different approaches, or schools of legal thought, have emerged. In this chapter, we will look at those different meanings and…
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History of Sociology
History of the Sociology As a discipline, or body of systematized knowledge, sociology is of relatively recent origin. The concept of civil society as a realm distinct from the state was expressed in the writings of the 17th century English philosophers Thomas Hobbes and John Locke and of the later thinkers of the French and…
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Mores
Mores Mores Definition Mores may be defined as social rules prescribing behavior of individuals in a society, which, if violated, result in strong disapproval or punishment. Sanctions Mores are considered to be part of the folkways of a people-that is, the shared behavior common to all. Violations of mores have led to the imposition of…
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Theory of Law
Theory or Science of the Law The jurisprudence concept is often used to describe what was once called the philosophy of law and what Continental legal authors now call the theory or science of law. “An English or U.S. treatise on jurisprudence defines the essential elements in our conception of law; the relation that law…