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Social rule system theory is an attempt to formally approach different kinds of social rule systems in a unified manner. Social rules systems include institutions such as norms, laws, regulations, taboos, customs, and a variety of related concepts and are important in the social sciences and humanities.
The term "rule of law" was popularised by British jurist A. V. Dicey, [11] who viewed the rule of law in common law systems as comprising three principles. First, that government must follow the law that it makes; second, that no one is exempt from the operation of the law and that it applies equally to all; and third, that general rights ...
Durkheim distinguishes sociology from other sciences and justifies his rationale. [1] Sociology is the science of social facts. Durkheim suggests two central theses, without which sociology would not be a science: It must have a specific object of study. Unlike philosophy or psychology, sociology's proper object of study are social facts.
Social norms can both be informal understandings that govern the behavior of members of a society, as well as be codified into rules and laws. [2] Social normative influences or social norms, are deemed to be powerful drivers of human behavioural changes and well organized and incorporated by major theories which explain human behaviour . [ 3 ]
Under rational-legal authority, legitimacy is seen as coming from a legal order and the laws that have been enacted in it (see also natural law and legal positivism).. Weber defined legal order as a system where the rules are enacted and obeyed as legitimate because they are in line with other laws on how they can be enacted and how they should be obeyed.
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]
Weber identified "rationally-created rules" [3] as the central feature of this form of authority. Modern democracies contain many examples of legal-rational regimes. There are different ways in which legal authority can develop. Many societies have developed a system of laws and regulations and there exist many different principles of legality.
The rule according to higher law is a practical approach to the implementation of the higher law theory that creates a bridge of mutual understanding (with regard to universal legal values) between the English-language doctrine of the rule of law, traditional for the countries of common law, and the originally German doctrine of Rechtsstaat ...
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