Sociology of Law

October 22, 2013

Studing Law

Why?

What did you learn?

What kind of knowledge you have??

Law is An Art

Ars boni et aequi

Laws are not invented they grow out from circumstances (Azarias)

Law is systematized experience

What is inhetritance. Who get what?What to do in the case of family violence ?How to develop independency of justice?How to finance political campaignes?

Efficiency of the Law

It is very easy thing to devise good laws; the difficaulty is to make them effective.

Lord Bolingbroke

Justice

• Justice and Law– honeste vivere, neminem

ledere, suum cuique tribuereJ. Rowls

The principles of Justice (O.W.Holmes)?

The different kind of jurisprudence

M.Rehbinder: Legal philosophy: ideal shape of law

WHY LAW?Legal dogmatics : technology of the Law

WHO HAS RIGHT?

Sociology of Law: KAKO PRAVO DJELUJEWHAT IS REALITY OF LAW?

On different names

jurisprudence, law and society, sociology of law, law and social sciences, social analisys of law, law researches

Motives for Expansion

1. Methodology of social research2. Justice and philosophy of law , to see law

from internal logic or from social function(i.e. legitimacy of law)

3. Dinamics of social change (regulation by virtue or by norms)

Values and EthicsValues are our fundamental beliefs. They are the principles we use to define

that which is right, good and just. Values provide guidance as we determine the right versus the wrong, the good versus the bad. They are our standards.

Typical values include honesty, integrity, compassion, courage, honor, responsibility, patriotism, respect and fairness.

Morals are values which we attribute to a system of beliefs, typically a religious system, but it could be a political system of some other set of beliefs. These values get their authority from something outside the

Ethics is about our actions and decisions. When one acts in ways which are consistent with our beliefs (whether secular or derived from a moral authority) we will characterize that as acting ethically. When one’s actions are not congruent with our values - our sense of right, good and just - we will view that as acting unethically.

The ethics of our decisions and actions is defined societally, not individually.

Values and EthicsValues

Values are the rules by which we make decisions about right and wrong, should and shouldn't, good and bad. They also tell us which are more or less important, which is useful when we have to trade off meeting one value over another.

Morals

Morals have a greater social element to values and tend to have a very broad acceptance. Morals are far more about good and bad than other values. We thus judge others more strongly on morals than values. A person can be described as immoral, yet there is no word for them not following values.

Ethics

You can have professional ethics, but you seldom hear about professional morals. Ethics tend to be codified into a formal system or set of rules which are explicitly adopted by a group of people. Thus you have medical ethics. Ethics are thus internally defined and adopted, whilst morals tend to be externally imposed on other people.

Values and Ethics

Ethics of principled conviction asserts that intent is the most important factor. If you have good principles, then you will act ethically.

Ethics of responsibility challenges this, saying that you must understand the consequences of your decisions and actions and answer to these, not just your high-minded principles. The medical maxim 'do no harm', for example, is based in the outcome-oriented ethics of responsibility.

Teorijska tradicija – jurisprudencija

«Jurisprudencija i sociologija imaju različite zadatke. Jurisprudencija opisuje pravni sustav iznutra i određuje kako tumačiti i primijeniti pravne norme. Sociologija opisuje pravni sustav izvana. U kojem se opsegu vanjski opis tiče unutarnje strukture i unutarnjih problema zavisi od konceptualnih instrumenata»

N.Luhmann, Le droit comme système social, Droit et société, 11-12, 1989, 53.