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Legal moralism is the theory of jurisprudence and the philosophy of law which holds that laws may be used to prohibit or require behavior based on society's collective judgment of whether it is moral. It is often given as an alternative to legal liberalism, which holds that laws may only be used to the extent that they promote liberty. [1]
Legal realists believe that legal science should only investigate law with the value-free methods of natural sciences, rather than through philosophical inquiries into the nature and meaning of the law that are separate and distinct from the law as it is actually practiced. Indeed, legal realism asserts that the law cannot be separated from its ...
Social philosophy is the study and interpretation of society and social institutions in terms of ethical values rather than empirical relations. [1] Social philosophers emphasize understanding the social contexts for political, legal, moral and cultural questions, and the development of novel theoretical frameworks, from social ontology to care ethics to cosmopolitan theories of democracy ...
In 1976, theoretical sociologist Donald Black introduced a general sociological theory of law in his book The Behavior of Law. The theory exemplified Black's sociological paradigm known as pure sociology. [1] [2] A central aspect of this paradigm was the reconceptualization of human behavior as the behavior of social life.
The sociology of law, legal sociology, or law and society, is often described as a sub-discipline of sociology or an interdisciplinary approach within legal studies. [1] Some see sociology of law as belonging "necessarily" to the field of sociology, [ 2 ] but others tend to consider it a field of research caught up between the disciplines of ...
Already in 1913, Kelsen had identified the need for a legal theoretic framework to support the idea of the Rechtsstaat. [5]Adolf Julius Merkl [de; pt] was a student of Kelsen's who made important contributions starting in 1918 in the area of hierarchy of norms that would help underpin some of Kelsen's ideas on norms and how they fit into his pure theory of law.
Black authored The Behavior of Law, The Manners and Customs of the Police, and Sociological Justice, all of which present various aspects of his theory of law. More recently, The Social Structure of Right and Wrong extended his theory to address conflict management more broadly, focusing on instances where people handle conflicts through means ...
Legal ethics are principles of conduct that members of the legal profession are expected to observe in their practice. They are an outgrowth of the development of the ...