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Violating the perceived intention of the law has been found to affect people's judgments of culpability above and beyond violations of the letter of the law such that (1) a person can violate the letter of the law (but not the spirit) and not incur culpability, (2) a person can violate the spirit of the law and incur culpability, even without violating the letter of the law, and (3) the ...
The Spirit of Law (French: De l'esprit des lois, originally spelled De l'esprit des loix [1]), also known in English as The Spirit of [the] Laws, is a treatise on political theory, as well as a pioneering work in comparative law by Montesquieu, published in 1748. [2]
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 consciousness is the way in which law is experienced and interpreted by specific individuals as they engage, avoid, resist or just assume the law and legal meanings. [4] Legal consciousness is a state of being, legal socialisation is the process to Legal consciousness; where as legal awareness & legal mobilisation are means to achieve the ...
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]
The authors: Chantal Kourilsky-Augeven believe pre-eminence previously given to the transmission processes of values, norms and behavioural models should be renounced in favour of a definition of legal socialisation during childhood and adolescence, from the perspective of the subject playing an active part; Law must be considered as a ...
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 ...
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 .