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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]
Natural law [1] (Latin: ius naturale, lex naturalis) is a system of law based on a close observation of natural order and human nature, from which values, thought by natural law's proponents to be intrinsic to human nature, can be deduced and applied independently of positive law (the express enacted laws of a state or society). [2]
Lon Luvois Fuller (June 15, 1902 – April 8, 1978) was an American legal philosopher best known as a proponent of a secular and procedural form of natural law theory. Fuller was a professor of law at Harvard Law School for many years, and is noted in American law for his contributions to both jurisprudence and the law of contracts.
Natural morality refers to morality that is based on human nature, rather than acquired from societal norms or religious teachings. Charles Darwin 's theory of evolution is central to many modern conceptions of natural morality, but the concept goes back at least to naturalism .
Natural moral law theory, which asserts that law is inherent in nature and constitutive of morality, at least in part. [9] On this view, while legislators can enact and even successfully enforce immoral laws, such laws are legally invalid.
Sociology of morality is the branch of sociology that deals with the sociological investigation of the nature, causes, and consequences of people's ideas about morality. Sociologists of morality ask questions on why particular groups of people have the moral views that they do, and what are the effects of these views on behavior, interaction ...
The theory is distinctive from other theories under naturalism in the sense that it views natural law as part of social formation or mode of production. [ 3 ] A related concept to legal naturalism is iusnaturalism , which holds that the ideas of nature and divinity or reason validate natural and positive laws.
Harris argues that moral science does not imply an "Orwellian future" with "scientists at every door". Instead, Harris imagines data about normative moral issues being shared in the same way as other sciences (e.g. peer-reviewed journals on medicine). [19] Daleiden specifies that government, like any organization, should have limited power.