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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]
Adam Smith stated in his Lectures on Jurisprudence that “the imperfection of the law and the uncertainty in its application” was a factor that retarded commerce. [1] Max Weber, a philosopher of the late nineteenth and the early twentieth century, explained the importance of “rational” law in economy and society. [2]
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 ...
Brownson, [32] who argued that, in a sense, three "constitutions" are involved: first, the constitution of nature that includes all of what the Founders called "natural law"; second, the constitution of society, an unwritten and commonly understood set of rules for the society formed by a social contract before it establishes a government, by ...
Law and economics, or economic analysis of law, is the application of microeconomic theory to the analysis of law. The field emerged in the United States during the early 1960s, primarily from the work of scholars from the Chicago school of economics such as Aaron Director , George Stigler , and Ronald Coase .
The Jury are triers of fact in both civil and criminal cases and this reflects a particular culture of law; namely the direct involvement of society in the legal framework. In France a judge's role as trier of law and fact is merely as an administrator without creating binding legal principle.
The sociology of law refers to both a sub-discipline of sociology and an approach within the field of legal studies. Sociology of law is a diverse field of study that examines the interaction of law with other aspects of society, such as the development of legal institutions and the effect of laws on social change and vice versa.
Public law is the part of law that governs relations and affairs between legal persons and a government, [1] between different institutions within a state, between different branches of governments, [2] as well as relationships between persons that are of direct concern to society. Public law comprises constitutional law, administrative law ...