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Although law is an essential ingredient of the process of globalization - and important studies of law and globalization were already conducted in the 1990s by, for example, Yves Dezalay and Bryant Garth [117] and Volkmar Gessner [118] - law's importance for creating and maintaining the globalization processes are often neglected within the ...
It investigates issues such as the definition of law; legal validity; legal norms and values; and the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
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 ...
analysis (or study of the meaning) of legal concepts is worthwhile and is to be distinguished from history or sociology of law, as well as from criticism or appraisal of law, for example with regard to its moral value or to its social aims or functions;
An alternative definition of Hume's law is that "If P implies Q, and Q is moral, then P is moral". This interpretation -driven definition avoids a loophole with the principle of explosion . [ 6 ] Other versions state that the is–ought gap can technically be formally bridged without a moral premise, but only in ways that are formally "vacuous ...
The Concept of Law is a 1961 book by the legal philosopher H. L. A. Hart and his most famous work. [1] The Concept of Law presents Hart's theory of legal positivism—the view that laws are rules made by humans and that there is no inherent or necessary connection between law and morality—within the framework of analytic philosophy.
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]
An unjust law is no law at all (Latin: lex iniusta non est lex) is an expression in support of natural law, acknowledging that authority is not legitimate unless it is good and right. It has become a standard legal maxim around the world. This view is strongly associated with natural law theorists, including John Finnis and Lon Fuller. [1]