On The Essence Of Legal Consciousness
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Author | : Jan M. Broekman |
Publisher | : Edward Elgar Publishing |
Total Pages | : 476 |
Release | : 2019 |
Genre | : Electronic books |
ISBN | : 1788976622 |
The ‘law-language-law’ theme is deeply engraved in Occidental culture, more so than contemporary studies on the subject currently illustrate. This insightful book creates awareness of these cultural roots and shows how language and themes in law can be richer than studying a simple mutuality of motives. Rethinking Law and Language unveils today’s problems with the two faces of language: the analogue and the digital, on the basis of which our smart phones and Artificial Intelligence create modern life.
Author | : Patricia Ewick |
Publisher | : University of Chicago Press |
Total Pages | : 342 |
Release | : 1998-07-06 |
Genre | : Law |
ISBN | : 9780226227443 |
Why do some people call the police to quiet a barking dog in the middle of the night, while others accept devastating loss or actions without complaint? Sociologists Patricia Ewick and Susan Silbey examine more than 400 case studies to explore the various ways the law is perceived and utilized, or not, by a broad spectrum of citizens.
Author | : David Engel |
Publisher | : Stanford University Press |
Total Pages | : 208 |
Release | : 2010-02-12 |
Genre | : Law |
ISBN | : 0804773750 |
Diverse societies are now connected by globalization, but how do ordinary people feel about law as they cope day-to-day with a transformed world? Tort, Custom, and Karma examines how rapid societal changes, economic development, and integration into global markets have affected ordinary people's perceptions of law, with a special focus on the narratives of men and women who have suffered serious injuries in the province of Chiangmai, Thailand. This work embraces neither the conventional view that increasing global connections spread the spirit of liberal legalism, nor its antithesis that backlash to interconnection leads to ideologies such as religious fundamentalism. Instead, it looks specifically at how a person's changing ideas of community, legal justice, and religious belief in turn transform the role of law particularly as a viable form of redress for injury. This revealing look at fundamental shifts in the interconnections between globalization, state law, and customary practices uncovers a pattern of increasing remoteness from law that deserves immediate attention.
Author | : Ivan Alekxsandrovich Il'in |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : Law |
ISBN | : 9780854901463 |
Ivan Aleksandrovich Il'in (1883-1954) has become in post-Soviet Russia one of the most eminent legal philosophers of the twentieth century. This volume brings to an international readership for the first time what is perhaps the most impassioned and prescient work by a Russian jurist in support of the rule of law. Il'in has heretofore been accessible only to those who have a command of Russian, German, or, exceptionally French, and even then primarily in circles where Russian émigré literature circulated. Originally written and in galley proofs between 1916 and 1919, the final work on legal consciousness was not published until 1956 in Germany and only in the 1990s in Russia, where it has generated considerable impact. Il'in's most original and influential contribution to legal theory, this long-awaited English translation will inform discussions of legal consciousness for decades to come. Il'in's monograph is accompanied by one of his early and influential articles on concepts of law and power and by essays devoted to Il'in and the rule of law; the origin and transformations of the concept of legal consciousness, and the origins of Il'in's treatise on legal consciousness, a glossary of key legal terms, and a bibliography of works by or devoted to Il'in.
Author | : Sarah Marusek |
Publisher | : Lexington Books |
Total Pages | : 255 |
Release | : 2017-10-03 |
Genre | : Law |
ISBN | : 1498535046 |
Street-Level Sovereignty: The Intersection of Space and Law is a collection of scholarship that considers the experience of law that is subject to social interpretation for its meaning and importance within the constitutive legal framework of race, deviance, property, and the communal investiture in health and happiness. This book examines the intersection of spatiality and law, through the construction of place, and how law is materially framed.
Author | : Paul Valliere |
Publisher | : Routledge |
Total Pages | : 275 |
Release | : 2021-09-16 |
Genre | : History |
ISBN | : 1000427943 |
This book, authored by an international group of scholars, focuses on a vibrant central current within the history of Russian legal thought: how Christianity, and theistic belief generally, has inspired the aspiration to the rule of law in Russia, informed Russian philosophies of law, and shaped legal practices. Following a substantial introduction to the phenomenon of Russian legal consciousness, the volume presents twelve concise, non-technical portraits of modern Russian jurists and philosophers of law whose thought was shaped significantly by Orthodox Christian faith or theistic belief. Also included are chapters on the role the Orthodox Church has played in the legal culture of Russia and on the contribution of modern Russian scholars to the critical investigation of Orthodox canon law. The collection embraces the most creative period of Russian legal thought—the century and a half from the later Enlightenment to the Russian emigration following the Bolshevik Revolution. This book will merit the attention of anyone interested in the connections between law and religion in modern times.
Author | : Richard S. Wortman |
Publisher | : University of Chicago Press |
Total Pages | : 358 |
Release | : 2011-03-15 |
Genre | : History |
ISBN | : 0226907775 |
Until the nineteenth century, the Russian legal system was subject to an administrative hierarchy headed by the tsar, and the courts were expected to enforce, not interpret the law. Richard S. Wortman here traces the first professional class of legal experts who emerged during the reign of Nicholas I (1826 – 56) and who began to view the law as a uniquely modern and independent source of authority. Discussing how new legal institutions fit into the traditional system of tsarist rule, Wortman analyzes how conflict arose from the same intellectual processes that produced legal reform. He ultimately demonstrates how the stage was set for later events, as the autocracy and judiciary pursued contradictory—and mutually destructive—goals.
Author | : Leon Petrażycki |
Publisher | : Transaction Publishers |
Total Pages | : 398 |
Release | : 2011 |
Genre | : Law |
ISBN | : 1412814693 |
Petrazycki's socio-psychic orientation toward law is behavioral as well as thoughtful. He finds the most suitable methods for obtaining knowledge about legal experiences to be internal and external observation. His technique of introspection is similar to Max Weber's conceptual method. Petrazycki distinguishes between two kinds of interpretive understanding. External observation involves deriving the meaning of an act or symbolic expression from immediate observation without reference to any broader context, and internal observation involves placing the particular act in a broader context of meaning involving facts that cannot be derived from a particular act or expression. --
Author | : James Patrick Scanlan |
Publisher | : M.E. Sharpe |
Total Pages | : 262 |
Release | : 1994 |
Genre | : History |
ISBN | : 9781563243882 |
An examination of Russia's philosophical heritage. It extends from the Slavophiles to the philosophers of the Silver Age, from emigre religious thinkers to Losev and Bakhtin and assesses the meaning for Russian culture as a whole.
Author | : Artur Mrowczynski-Van Allen |
Publisher | : Wipf and Stock Publishers |
Total Pages | : 253 |
Release | : 2015-03-02 |
Genre | : Religion |
ISBN | : 1498203981 |
Contemporary philosophy and theology are ever more conscious of the fact that the model of relations between religion and culture developed in modernity is fundamentally flawed. The processes of the secularization of society, culture, and even religion are rooted in the dualistic vision of religion and culture introduced in the late Middle Ages. In seeking a way out, we need to explore domains of culture unaffected by Western European secular thinking. Russian thought is remarkably well prepared to formulate an alternative to secular modernity. Indeed, in Russian culture there was neither a Renaissance nor an Enlightenment. Eastern Christianity retained an integral patristic vision of human nature that had not been divided into separate "natural" and "supernatural" elements. These pre- and non-modern visions are now gaining exceptional value in the postmodern reality in which we find ourselves. The heritage of Russian Christian thought may serve as a source of inspiration for alternative approaches to religion and culture. In this respect, Russian thought may be compared with nouvelle theologie, Radical Orthodoxy, and other recent movements in Christian postsecular thought. For this reason it remains astonishingly contemporary.