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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]
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 ...
Social philosophy is the study and interpretation of society and social institutions in terms of ethical values rather than empirical relations. [1] Social philosophers emphasize understanding the social contexts for political, legal, moral and cultural questions, and the development of novel theoretical frameworks, from social ontology to care ethics to cosmopolitan theories of democracy ...
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.
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 ...
Already in 1913, Kelsen had identified the need for a legal theoretic framework to support the idea of the Rechtsstaat. [5]Adolf Julius Merkl [de; pt] was a student of Kelsen's who made important contributions starting in 1918 in the area of hierarchy of norms that would help underpin some of Kelsen's ideas on norms and how they fit into his pure theory of law.
This is a concept predating European legal theory, and reflects a type of law that is universal and may be determined by reason and observation of natural action. Neil McLeod identifies concepts that law must accord with: fír (truth) and dliged (right or entitlement). These two terms occur frequently, though Irish law never strictly defines them.
A sociological theory is a supposition that intends to consider, analyze, and/or explain objects of social reality from a sociological perspective, [1]: 14 drawing connections between individual concepts in order to organize and substantiate sociological knowledge.