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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 law and sociology. [3]
Legal history or the history of law is the study of how law has evolved and why it has changed. Legal history is closely connected to the development of civilisations [ 1 ] and operates in the wider context of social history .
Legal evolution is a branch of legal theory which proposes that law and legal systems change and develop according to regular, natural laws. [1] [2] It is closely related to social evolution and was developed in the 18th century, peaking in popularity in the 19th century before entering a prolonged hiatus. [3]
Comparative legal history is the study of law in two or more different places or at different times. [1] [2] [3] As a discipline, it emerged between 1930 and 1960 in response to legal formalism, [4] and builds on scattered uses of legal-historical comparison since antiquity. [5]
The sociology of law examines the interaction of law with society and overlaps with jurisprudence, philosophy of law, social theory and more specialised subjects such as criminology. [ 214 ] [ 215 ] It is a transdisciplinary and multidisciplinary study focused on the theorisation and empirical study of legal practices and experiences as social ...
Herbert Lionel Adolphus Hart FBA (/ h ɑːr t /; 18 July 1907 – 19 December 1992) was an English legal philosopher.One of the most influential legal theorists of the 20th century, he was instrumental in the development of the theory of legal positivism, which was popularised by his book, The Concept of Law.
Michael Bayles argues that if a person violates a law to create a test case as to the constitutionality of a law, and then wins his case, then that act did not constitute civil disobedience. [ 89 ] Breaking the law for self-gratification, as in the case of a cannabis user who does not direct his act at securing the repeal of amendment of the ...
By the mere fact that it is a class and no longer an estate, the bourgeoisie is forced to organise itself no longer locally, but nationally, and to give a general form to its mean average interest. Through the emancipation of private property from the community, the State has become a separate entity, beside and outside civil society; but it is ...