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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 ...
Legal realism is the view that a theory of law should be descriptive and account for the reasons why judges decide cases as they do. [53] Legal realism had some affinities with the sociology of law and sociological jurisprudence.
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]
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 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.
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal system, social convention, or ethical theory. [1] Rights are an important concept in law and ethics, especially theories of justice and deontology.
Legal socialization is the process through which, individuals acquire attitudes and beliefs about the law, legal authorities, and legal institutions. This occurs through individuals' interactions, both personal and vicarious, with police, courts, and other legal actors.
An inter jurisdictional Legal Services Council was established in order to regulate the legal profession and its delivery of legal services. [7] This resulted in the creation of the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 [8] and the Legal Profession Uniform Conduct Barristers' Rules 2015. [9]