Academic literature on the topic 'Socio-legal theory'
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Journal articles on the topic "Socio-legal theory"
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Lacey, Nicola. "Normative Reconstruction in Socio-Legal Theory." Social & Legal Studies 5, no. 2 (June 1996): 131–57. http://dx.doi.org/10.1177/096466399600500201.
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Murray, Jamie. "Complexity Theory & Socio-Legal Studies." Liverpool Law Review 29, no. 2 (August 2008): 227–46. http://dx.doi.org/10.1007/s10991-008-9042-9.
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Cotterrell, Roger. "Theory and Values in Socio-legal Studies." Journal of Law and Society 44 (October 2017): S19—S36. http://dx.doi.org/10.1111/jols.12047.
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Febbrajo, Alberto. "For a socio-legal theory of risk." SOCIOLOGIA DEL DIRITTO, no. 2 (December 2009): 69–82. http://dx.doi.org/10.3280/sd2009-002005.
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- This article aims to offer an overview of some contributions to a socio-legal theory of risk. Starting from the presupposition that risk is a concept that plays a central role in sociological as well as in legal theory, it underlines the thesis that, from the point of view of the general system theory, the application of three different strategies of risk-management can be recognised in the legal system: a substantial strategy, which comprises shielding a core of legal contents from the risk of sudden and drastic changes; a social strategy, whereby risks are externalised by creating virtual figures (legal persons) which relieve "natural" persons from those risks that are particularly severe and hard to sustain in the sphere of economic activity; and a temporal strategy, in which risks are diluted by implementing procedures, i.e. sequences of operations, featuring relevance criteria of their own and by a time-frame that, to a certain extent, can be pre-determined. Moreover, in every advanced legal system, there is a need for tools for reducing or avoiding the risks produced by the current legal strategies for risk absorption. One of the main learning processes concerning the risks produced by law is democracy, which is also in turn exposed to risks. Because the present situation features profound changes in the structure of world society as a whole, which dramatically transform the types of risks confronting the legal system, the concept of law oriented to an imperativistic approach is no longer adequate. Instead, it needs to be based on a communicative approach, according to which the treatment of risks trespasses on the borders of the individual state and takes on a cultural and communicative, rather than a practical, dimension, characterised by symbolic legitimisation, virtual effectiveness and increased openness
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Ashford, Chris. "Bareback sex, queer legal theory, and evolving socio-legal contexts." Sexualities 18, no. 1-2 (February 2015): 195–209. http://dx.doi.org/10.1177/1363460715569130.
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Gessner, Volkmar. "Towards a socio-legal theory of contractual risk." SOCIOLOGIA DEL DIRITTO, no. 2 (December 2009): 83–92. http://dx.doi.org/10.3280/sd2009-002006.
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- This paper deals with the risk of opportunism the usual risk in economic exchanges. Breach of contract is probably the most common event in daily life and has therefore attracted research and debates in many disciplines of the social sciences. This discussion deals with the current knowledge of the ways in which societies are coping with the risk of opportunism, distinguishing between three approaches with ascending degrees of complexity: theories of institutional support of contractual exchanges, theories of relational trust and theories of social systems of trust. As demonstrated in Fig. 1 these theories are chosen among many other competing approaches. Rather than being replaced by institutional economics or economic sociology, socio-legal knowledge is a necessary and valuable ingredient for theories of contractual risk. Without our knowledge of the protection of property rights in a particular society, of choices between formal and informal modes of conflict resolution made by business people or consumers, of obstacles in court proceedings and of problems when a lawyer is consulted, our neighbour disciplines come to either over-optimistic conclusions as regards institutional trust or to oversimplified models as regards personal trust and relationships.
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Hendry, Jennifer, Naomi Creutzfeldt, and Christian Boulanger. "Socio-Legal Studies in Germany and the UK: Theory and Methods." German Law Journal 21, no. 7 (October 2020): 1309–17. http://dx.doi.org/10.1017/glj.2020.83.
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AbstractThis Special Issue considers the situated and contextualized development of socio-legal, or law and society, scholarship within two materially different legal and academic cultures, namely Germany and the United Kingdom, with a view to achieving a better understanding of why and how such differences in understanding and practice have arisen. The contributions are grouped into three themes. The first reflects upon the influence of institutional contexts and scholarly traditions in terms of the development of those approaches that come under the banner of socio-legal studies. The second features contributions that adopt a comparative perspective in terms of selected areas of law, pointing to notably different approaches taken in Germany and the UK, and considering the development of these respective situations. The third looks at the key contemporary trends, theoretical applications, and methodological approaches taken within both countries’ socio-legal academic contexts.
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Cotterrell, Roger. "Leon Petrażycki and contemporary socio-legal studies." International Journal of Law in Context 11, no. 1 (March 2015): 1–16. http://dx.doi.org/10.1017/s1744552314000330.
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AbstractThe work of the Polish–Russian scholar Leon Petrażycki from the early decades of the twentieth century holds a strikingly paradoxical position in the literature of juristic and socio-legal scholarship: on the one hand, lauded as a supremely valuable contribution to knowledge about the nature of law and, on the other, widely neglected and little known. This paper asks how far Petrażycki's theories, expressed in writings by and about him available to an international readership, can provide insight for contemporary socio-legal studies – not as historical background but as living ideas. How far can his work speak to current issues and inform current debates? What obstacles stand in the way of this? Why have few international scholars engaged with his theories despite their rigour and originality? The paper starts from this last issue before addressing the others. It argues that Petrażycki's radical legal theory offers strikingly distinctive resources for rethinking issues about the role of law in multicultural societies, the nature of developing transnational law, and the significance of law as an aspect or expression of culture.
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Mant, Jess. "Working Politically: Combining Socio-Legal Tools to Study Experiences of Law." German Law Journal 21, no. 7 (October 2020): 1464–80. http://dx.doi.org/10.1017/glj.2020.78.
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AbstractThis Article provides a novel insight into how earlycareer scholars in the UK may combine different theoretical tools in their research, and the implications that this may have for the socio-legal discipline. This Article draws upon the author’s experience of combining theoretical tools from different schools of thought: Feminist legal theory, Bourdieusian theory, and Actor Network Theory, within the context of recent research into experiences of those representing themselves in family court hearings in England and Wales. Combining these theories for the first time, this Article explores the difficulties, tensions, and benefits of combining tools within socio-legal research and reflects upon the influence of the pedagogical and institutional resources that characterize the socio-legal research environment in the UK. This Article argues that the task of combining different tools provides scholars with the opportunity to work politically, because the process of reconciling tensions between different approaches requires researchers to reflect upon the worldviews that underpin their selected theories. In this sense, it argues that combining different theories within socio-legal research is a political activity, because researchers are required to reflect not only on how theoretical choices may contest, expand, or develop dominant assumptions that characterize socio-legal scholarly traditions.
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Dean, Meryll. "Legal transplants and jury trial in Japan." Legal Studies 31, no. 4 (December 2011): 570–90. http://dx.doi.org/10.1111/j.1748-121x.2011.00197.x.
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Alan Watson's theory of legal transplants was pioneering and innovative. It moved comparative law beyond ideas of legal families and legal systems by providing both a tool and a metaphor for examining hybrid, or mixed, legal systems. However, socio-legal comparativists in particular criticised his approach because of its failure adequately to acknowledge the importance of legal culture in transplant theory. As a hybrid legal system Japan provides an operative laboratory of comparative law. This paper examines jury trial to evaluate Watson's theory. It concludes by offering a new threefold categorisation of legal transplants.
Dissertations / Theses on the topic "Socio-legal theory"
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Fortes, Pedro Rubim Borges. "Collective action in comparative and empirical perspective : towards a socio-legal theory." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:3c9abe3c-5430-4ef6-9db7-e771268cf9f6.
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This DPhil thesis enhances existing understandings of collective action through a comparative and empirical study. Empirical analysis of economic, political, juridical, and social dimensions of the Brazilian experience reveals that some central understandings in existing literature are not borne out in this empirical context. In particular, the assertion that low monetary incentives for individuals hinder growth in use of collective action is strongly challenged. The Brazilian experience is contextualised through comparative analysis of three legal traditions of collective action: class actions; collective redress; and civil public actions. The Brazilian system presents a setting with potential for regulatory enforcement of consumer protection law, but rare episodes of consumer compensation or the imposition of punitive damages on corporations. With low monetary incentives, the growth of collective actions is explained by non-monetary incentives and investment in social capital through development of institutional trust and legal institutions. Collective actors develop their organisational infrastructure and perform their roles as representatives through institutional dynamics of concentration, competition, cooperation, and deference. The coexistence of multiple institutional actors in the regulatory space reduces agenda control, increases opportunities for consumer participation, and increases oversight of regulatory capture. The categories of diffuse, collective, and homogeneous individual rights explain the role of law in establishing procedural pathways and special features. This study is broadened through analysis of the legal environment and the potential regulatory impact of collective actions on the social relationships between businesses and consumers. I also evaluate limitations and possibilities regarding access to justice, judicial economy, compensation, and deterrence. This thesis indicates the possibility of developing a socio-legal theory of collective action, which would enhance our understanding of the complex dynamics at play by going beyond analysis of the consumer experience as merely an economic transaction or a legal object, analysing them instead as a complex social relationship.
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Schultheis, Eric (Eric Waibel). "Socio-spatial entanglement theory, the I2S2A method, and civil legal service realized accessibility." Thesis, Massachusetts Institute of Technology, 2016. http://hdl.handle.net/1721.1/107082.
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Thesis: Ph. D. in Urban and Regional Studies, Massachusetts Institute of Technology, Department of Urban Studies and Planning, 2016.Cataloged from PDF version of thesis. Page 174 blank.
Includes bibliographical references (pages 165-173).
Most spatial and social service accessibility studies are unidimensional; they examine one dimension of service accessibility in isolation. These unidimensional studies are not responsive to the realities of service usage. This is because unidimensional service accessibility studies implicitly assume that spatial and social service accessibility factors are not entangled with one another. Everyday experience and common sense conflict with a unidimensional conceptualization of service accessibility. For instance, the ease of traveling twenty five miles to receive a service is different for the single dad receiving public assistance with no car and the single adult who has stable employment and a car. In fact, many types of differences between users could result in substantive differences in how service accessibility is experienced. In this thesis, I develop a theory, socio-spatial entanglement theory, and method for realized service accessibility research. Socio-spatial entanglement theory is a way of theorizing service accessibility that accounts for the why and how of service accessibility. Socio-spatial entanglement theory posits that spatial and social service accessibility factors are necessarily entangled and that these entanglements capture and explain the lived-experience of service accessibility. This theory is based on applied Critical Realist conceptions of the ontology of the social world. I also develop a method, the integrated, interactive socio-spatial accessibility (12S2A) method, to explain socio-spatial entanglements and generate explanations of the why and how of realized service accessibility. The 12S2A method is informed by Critical Realist understandings of how researchers can know the social world. Lastly, I apply socio-spatial entanglement theory and the 12S2A method to explain the factors and causal mechanisms that mediate civil legal service usage amongst low-income households. These explanations allow policy makers and civil legal service providers to design interventions that target the underlying phenomena that impact service usage in furtherance of increasing realized access to civil legal services.
by Eric Schultheis.
Ph. D. in Urban and Regional Studies
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Cloatre, Emilie. "Actor-network theory and socio-legal objects : analysing TRIPS and pharmaceutical patents in the Republic of Djibouti." Thesis, University of Nottingham, 2006. http://eprints.nottingham.ac.uk/11474/.
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This research analyses the role and action of the Trade Related Intellectual Property Agreements (TRIPS) and pharmaceutical patents in the public health network of Djibouti, by using an approach largely inspired by actor-network theory (ANT). In doing so, it addresses issues that run beyond the specificities of this case study and relate more broadly to the relevance of ANT to socio-legal analysis. The relation between TRIPS, pharmaceutical patents and public health in developing countries has been a widely debated issue in the past decade. However, the field remains limited by a relative uniformity in the range of approaches and case studies chosen in existing research. This project aims to address some of these limits, by looking at the role of TRIPS and pharmaceutical patents in a small country with no local pharmaceutical industry, no pre-existing official system of intellectual property, and with a largely undocumented public health system. Using ANT in this project allowed for the complexity of the mechanisms of both TRIPS and pharmaceutical patents to be highlighted. It participated in emphasising that they need to be understood as made of multiple, co-existing dimensions. By demonstrating how specific connections and associations have shaped what TRIPS and pharmaceutical patents are and do in the networks of Djibouti, this research emphasises the artificiality of the dichotomy between social and legal, and proposes an understanding of social connections as symmetrical and co-dependent. It discusses the more general relevance of this approach to socio-legal research. The example of Djibouti also allows for new questions to be raised in relation to the actual impact of TRIPS and pharmaceutical patents in “developing countries”. In particular, it emphasises the need to return to a more balanced approach to the relation between pharmaceutical patents and health in poor countries.
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Sinclair, Kate. "A Comparative Analysis of Socio-Legal and Psycho-Social Theories and the Construction of a Model to Explain How Law Operates and Evolves in the Dependency Court." University of Sydney. Law, 2002. http://hdl.handle.net/2123/562.
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This thesis examines data and theory about how the system of law (SL) operates and evolves: it contrasts data from social workers and attorneys working in the juvenile dependency court with theories about how individuals and social systems evolve. The analysis is based on research conducted in San Diego and revolves around a theory about human development, or the "individual as a system" (HD), and a theory about social systems, such as the autopoietic theory of law and its self-reproducing system (LA). It is suggested that together, the theories of HD+LA help to examine how professionals and law operate and evolve in the legal system. Overall, the thesis rejects the autopoietic systems theory that law reproduces itself, by itself. Instead, analysis in this study supports the finding that law is defined and operates through a dialectic of the individual and the social (or the organic and the mechanistic respectively) such that each gives rise to the other. On the basis of this system connection, aspects from systems theory about legal autopoiesis are integrated into concepts from constructive-developmental theory (HDLA), thus providing a new framework through which to examine how law and its system functions. The new framework is built around an equation that emerged some time after data analysis and theoretical development: SL=HDLA+DSA . The equation states that: The evolution of the system of law involves processes of human development and to some but a much lesser degree, the autopoietic nature of law. The extent of this evolution is best determined by analyzing data from a court setting. The dialectical relationship between individual and social influences in the evolution of law is facilitated by the accumulation of social action � such as activity from media and advocacy groups � and the individual meaning that professionals make about this action, which in turn has an influence on the formal and informal operations that they perform when operating law. The nature of these interacting dynamics will be shown through two interconnected tools of analysis: one is a typology of individual, professional and system self-concepts; the typology helps to show how a cycle of system change (human development giving rise to legal change and vice versa) occurs in the court; the other is the operative structure (or culture) of systems for law and social work in child abuse cases � which unite in court operations. These two interconnected tools help to show how the court operates and how social action (SA) for change contributes to professional and system change in the evolution of law.
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Knipe, Paula Kezia. "The link between gender inequality and food security among female students at tertiary institutions in South Africa." University of Western Cape, 2019. http://hdl.handle.net/11394/7589.
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Magister Legum - LLMThis study explores the nexus between gender inequality and food security through the lens of female students at tertiary institutions in South Africa. It aims to highlight the gendered dimensions of the political, socio-economic and cultural structures contributing to South Africa’s national food crisis. In so doing, it argues that legislation on the right to food with specific gender considerations is essential for ensuring food security for female students on campuses in particular and women in general.
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Smets, Michael. "Doing deals in a global law firm : the reciprocity of institutions and work." Thesis, University of Oxford, 2008. http://ora.ox.ac.uk/objects/uuid:48185e10-6537-4305-8af3-8ccb27a07ebb.
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Since the early 1990s, institutional approaches to organizations have increasingly focused on explaining the role of agency in processes of institutional creation and transformation. The paradox of embedded agency, the question of how actors can become motivated and enabled to transform supposedly taken-for-granted practices, structures and norms has become the fundamental puzzle of contemporary institutional theory. Recent attempts to resolve this puzzle under the label of “institutional work” focus on practices aimed at creating, maintaining, and disrupting institutions, but portray them as planned, discrete episodes that unfold in isolation from everyday organizational or social life. Thereby, the label highlights institutionalists’ current neglect of work in its literal meaning as actors’ everyday occupational tasks and activities. The detachment of institutional work from practical work constitutes a significant blind spot in institutionalists’ understanding of agency and calls for research that examines the reciprocity of institutions and work. Drawing on illuminating constructs from theories of practice, this study extends existing field-level approaches to the paradox of embedded agency. It argues for a practice-based institutionalism that focuses on individual actors and the role of their collective micro-level praxis in constituting macro-level institutions. It re-connects institutional arguments to every-day activity rather than organizational or managerial action, unpacks the micro-practices and micro–politics by which actors negotiate institutional contradictions and demonstrates the reciprocity of institutions and work. The research addresses the detachment of institutional and practical work through a single-case study of a global law firm’s banking group. It explores what banking lawyers do when they ‘do deals’ and how their practical work may attain institutional relevance. Positioned at the intersec-tion of local laws, international financial markets, commercial and professional logics, banking lawyers operate across multiple institutional frameworks. Observations and accounts of their work provide particularly rich insights into the dynamics of institutional persistence and change, because they illustrate empirically how contradictory institutionalized concepts, practices and logics are experienced, negotiated, and constituted at work.
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Vranaki, Asma A. I. "Rethinking relations and regimes of power in online social networking sites : tales of control, strife, and negotiations in Facebook and YouTube." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:a0872883-98b3-4215-b000-0974a80cad97.
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This thesis investigates the potentially complex power effects generated in Online Social Networking Sites (‘OSNS’), such as YouTube and Facebook, when legal values, such as copyright and personal data, are protected and/or violated. In order to develop this analysis, in Chapter Two, I critically analyse key academic writings on internet regulation and argue that I need to move away from the dominant ‘regulatory’ lens to my Actor-Network Theory-Foucauldian Power Lens (‘ANT-Foucauldian Power Lens’) in order to be able to capture the potentially complex web of power effects generated in YouTube and Facebook when copyright and personal data are protected and/or violated. In Chapter Three, I develop my ANT-Foucauldian Power Lens and explore how key ANT ideas such as translation can be used in conjunction with Foucauldian ideas such as governmentality. I utilise my ANT-Foucauldian Power Lens in Chapters Four to Seven to analyse how YouTube and Facebook are constructed as heterogeneous, contingent and precarious ‘actor-networks’ and I map in detail the complex power effects generated from specific local connections. I argue five key points. Firstly, I suggest that complex, multiple, and contingent power effects are generated when key social, legal, and technological actants are locally, contingently, and precariously ‘fitted together’ in YouTube and Facebook when copyright and personal data are protected and/or violated. Secondly, I argue that ‘materialities’ play key roles in maintaining the power effects generated by specific local connections. Thirdly, I argue that there are close links between power and ‘spatialities’ through my analysis of the Privacy Settings and Tagging in Facebook. Fourthly, I argue that my relational understandings of YouTube and Facebook generate a more comprehensive view of the power effects of specific legal elements such as how specific territorial laws in YouTube gain their authority by virtue of their durable and heterogeneous connections. Finally, I argue that we can extrapolate from my empirical findings to build a small-scale theory about the power effects generated in OSNS when legal values are protected and/or violated. Here I also consider the contributions made by my research to three distinct fields, namely, internet regulation, socio-legal studies, and actor-network theory.
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Stoll-Davey, Camille. "Global comparison of hedge fund regulations." Thesis, University of Oxford, 2008. http://ora.ox.ac.uk/objects/uuid:d08de3ea-6818-46cf-96b1-1bbb785a7504.
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The regulation of hedge funds has been at the centre of a global policy debate for much of the past decade. Several factors feature in this debate including the magnitude of current global investments in hedge funds and the potential of hedge funds to both generate wealth and destabilise financial markets. The first part of the thesis describes the nature of hedge funds and locates the work in relation to four elements in existing theory including regulatory competition theory, the concept of differential mobility as identified by Musgrave, Kane’s concept of the regulatory dialectic between regulators and regulatees, and the concept of unique sets of trust and confidence factors that individual jurisdictions convey to the market. It also identifies a series of questions that de-limit the scope of the present work. These include whether there is evidence that regulatory competition occurs in the context of the provision of domicile for hedge funds, what are the factors which account for the current global distribution of hedge fund domicile, what latitude for regulatory competition is available to jurisdictions competing to provide the domicile for hedge funds, how is such latitude shaped by factors intrinsic and extrinsic to the competing jurisdictions, and why do the more powerful onshore jurisdictions competing to provide the domicile for hedge funds not shut down their smaller and weaker competitors? The second part of the thesis examines the regulatory environment for hedge funds in three so-called offshore jurisdictions, specifically the Cayman Islands, Bermuda and the British Virgin Islands, as well as two onshore jurisdictions, specifically the United Kingdom and the United States. The final section presents a series of conclusions and their implications for both regulatory competition theory and policy.
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Panton, James. "Politics, subjectivity and the public/private distinction : the problematisation of the public/private relationship in political thought after World War II." Thesis, University of Oxford, 2010. http://ora.ox.ac.uk/objects/uuid:cb636385-aa16-44d1-abf5-2e835e62665c.
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A critical investigation of the public/private distinction as it has been conceived in Anglo-American political thinking in the second half of the 20th century. A broadly held consensus has developed amongst many theorists that public/private does not refer to any single determinate distinction or relationship but rather to an often ambiguous range of related but analytically distinct conceptual oppositions. The argument of this thesis is that if we approach public/private in the search for analytic or conceptual clarity then this consensus is correct. Against this I propose that a number of the most dominant invocations of the distinction can be understood to express public/private as an irreducibly political dialectic that mediates the relationship between the subjective and objective side of social and political life. By locating these conceptually diverse invocations within a broader and more determinate framework of the historical development and contestation of the boundaries which establish the conditions for subjectivity, as the assertion of political agency, on the one hand, and which demarcate, police and defend these particular boundaries, as part of the objectively given character of social life and institutional organisation, on the other hand, then a more determinate character to public/private can be recognized. I then seek to explore the capacity of this model to capture and explain the peculiar post-war problematisation of public/private amongst a number of new left thinkers in Britain and America.
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Jarry, Jocelyne. "Les conjoints de fait au Québec : perspectives féministes pour un encadrement légal." Thèse, 2006. http://hdl.handle.net/1866/2453.
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Le Québec est la seule province canadienne à ne pas imposer d'obligation légale
quant aux rapports interpersonnels entre les membres de couples non mariés.
Pourtant, leur nombre augmente considérablement et, en 2001, il y avait 1 158
410 couples en union libre au Canada, dont 508 525 vivaient au Québec. Les
conjoints de fait des autres provinces canadiennes ont revendiqué un statut
juridique d'égalité de droits avec les couples mariés, ce qui a donné lieu à
plusieurs décisions de la Cour suprême du Canada et à la mise en vigueur de
lois visant l'encadrement juridique de la rupture de ces conjoints de fait. C'est
ainsi que toutes les provinces canadiennes, sauf le Québec, imposent une
obligation alimentaire entre conjoints de fait à la rupture. La présente étude
utilise les méthodologies d'analyse proposées par les théories légales féministes
pour aborder la situation juridique de la famille québécoise dans un contexte
historique et social afin de suggérer la mise en place d'un cadre légal des
rapports interpersonnels des conjoints de fait. Afin de favoriser une plus grande
égalité et une solidarité familiale, l'auteur propose l'établissement d'une
obligation alimentaire compensatoire entre les membres des couples québécois
non-mariés, avec enfants.Quebec is the only Canadian province that does not impose legal obligations regarding interpersonal relations between the members of unmarried couples. In 2001, there was 1 158 410 unmarried couples in Canada, of which 508 525 were living in the province of Ouebec. Common law spouses from other provinces have claimed equal legal status with married couples, which lead to many decisions from the Supreme Court of Canada and to provincial legislations regarding their separation. Thus, ail Canadian provinces except Ouebec impose alimentary support on common law spouses at separation. This study uses the methodology of feminist legal theories to approach the legal situation of Quebec families in a historical and sociological context to propose a legislation regarding interpersonal relations within unmarried couples. According to the author, there should be a compensatory obligation of support between the members of unmarried couples with children to favor equality and familial solidarity.
"Mémoire présenté à la Faculté des études supérieures En vue de l'obtention du grade de Maîtrise en droit LL.M. (2-325-1-0)"
Books on the topic "Socio-legal theory"
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Creutzfeldt, Naomi, Marc Mason, and Kirsten McConnachie. Routledge Handbook of Socio-Legal Theory and Methods. Edited by Naomi Creutzfeldt, Marc Mason, and Kirsten McConnachie. Abingdon, Oxon ; New York, NY : Routledge, 2019.: Routledge, 2019. http://dx.doi.org/10.4324/9780429952814.
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Tamanaha, Brian Z. Realistic socio-legal theory: Pragmatism and a social theory of law. Oxford: Clarendon Press, 1997.
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Schildmann, Jan. Human Medical Research: Ethical, Legal and Socio-Cultural Aspects. Basel: Springer Basel, 2012.
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Njoku, Francis O. C. The empiricists and causation in law: An essay in philosophy, law, and socio-legal theory. Nekede, Owerri: Claretian Institute of Philosophy in collaboration with Claretian Communications, 2003.
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Njoku, Francis O. C. The empiricists and causation in law: An essay in philosophy, law, and socio-legal theory. Nekede, Owerri: Claretian Institute of Philosophy in collaboration with Claretian Communications, 2003.
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Chernyavskiy, Aleksandr. General theory of law in connection with the axiology of values. ru: INFRA-M Academic Publishing LLC., 2021. http://dx.doi.org/10.12737/1371623.
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The monograph presents the author's view on the legal quality of law from the point of view of the theory of law as the norms of coordinating interests about values. The author gives an assessment of the norms of law as the norms of differentiation and coordination of relations regarding values. The article analyzes what is the driving principle of law: the convergence of state values and human values. The author believes that any attempts to assign priority to certain values without taking into account their real correlation in society are doomed to failure in advance. The attitude of a person to the law is the defining embodiment of legal values as the socio-cultural basis of law. The law regulates the procedure for the realization of interests in relation to values.
For a wide range of readers interested in legal issues. It will be useful for students, postgraduates and teachers of law schools.
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Mamychev, Aleksey, Anton Vasilyev, DariusH Shopper, Inna Vetrenko, Aleksey Ovchinnikov, Ilia Minnikes, Victor Zatonskiy, et al. THE ROBOTS ASSERT THEIR RIGHTS. ru: Publishing Center RIOR, 2020. http://dx.doi.org/10.29039/02027-2.
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The monograph was prepared based on the results of the I far Eastern international forum "Robots claim their rights: doctrinal and legal foundations and moral and ethical standards for the use of Autonomous robotic technologies and devices", dedicated to the discussion of the processes of digital transformation of society, public power activities, law and the state. The event discussed social and philosophical, political and legal, and moral and ethical issues of developing, implementing and applying modern end-to-end digital technologies in various spheres of society's life.
The proposed materials are useful for specialists in the field of law, political science, philosophy and other areas of socio-humanitarian knowledge, as well as for all those interested in the digital transformation of modern society.
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Fedotova, Yuliya. Constitutional and legal provision of national security of the Russian Federation. ru: INFRA-M Academic Publishing LLC., 2020. http://dx.doi.org/10.12737/986734.
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The textbook is devoted to the constitutional-legal framework (the concept, historical features of formation and development of constitutional system of Russia, its political, socio-economic and spiritual foundations, the concept, essence, content and purpose of the constitutional security as a legal expression of national security) and the system of ensuring national security of the Russian Federation, expressed in the state (consisting of activities of public authorities and other state authorities in ensuring national security) and private (characterized by the participation of citizens and their associations and other organizations in ensuring national security) of its subsystems.
Meets the requirements of Federal state educational standards of higher education of the last generation.
For students, graduates, teachers, professionals in the field of constitutional law and national security practitioners as well as for a wide circle of readers interested in issues of national security.
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Tkacheva, Viktoriya, Il'ya Evtushenko, and Marina Zhigoreva. Career guidance and socialization of students with complex disabilities. ru: INFRA-M Academic Publishing LLC., 2020. http://dx.doi.org/10.12737/1014625.
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The textbook deals with theoretical and methodological, legal and socio-humanistic foundations of the system of vocational guidance and socialization of students with complex disabilities, the history of the formation of ideas about career counseling in domestic and foreign science and practice. Presented psycho-pedagogical features of pupils with complex disabilities and conditions that ensure successful mastery of the available professions, work skills. This description of the vocational diagnostic procedure aimed at exploring the possibilities of a child with severe to mastering the profession. The estimation of the level of employment, pre-vocational and vocational knowledge and skills. The possible extent of mastering different kinds of work, professional activities and employment options of persons with complex disabilities. First introduced the variative model of the system of vocational guidance and socialization of students with complex disabilities and the contents of psychological and pedagogical support of their families in the process of career guidance.
For students of institutions of secondary vocational education, undergraduate, master degree, post-graduate students studying in areas of training 44.03.01/44.04.01 "Pedagogical education", 44.03.02/44.04.02 "Psycho-pedagogical education", 44.03.03/44.04.03 "Special (defectological) education", as well as professionals working in the system, both General and special education, institutions secondary vocational and higher education.
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Alent'eva, Tat'yana, and Mariya Filimonova. The USA in Modern Times: Society, State and Law: Part 1: XVII-XVIII centuries. ru: INFRA-M Academic Publishing LLC., 2021. http://dx.doi.org/10.12737/992900.
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The textbook examines the processes of the emergence and development of English colonies in North America in the XVII-XVIII centuries, as well as the process of formation and formation of the young American state. Considerable attention is paid to socio-economic processes, the study of which makes it possible to more fully consider political and legal trends and features. The political structure of the colonies is described in detail, and the colonial charters are analyzed. The article covers the first North American revolution, analyzes the political programs and activities of the first American political groups and their leaders. The process of drafting and ratifying the Constitution of 1787 is considered in detail, its content and the political activities of the first American presidents are analyzed. A separate chapter is devoted to the development of law in the XVII-XVIII centuries. Meets the requirements of the federal state educational standards of higher education of the latest generation. It is addressed to law students studying the history of state and law, as well as the constitutional law of foreign countries, historical students specializing in the study of US history, as well as students studying international relations, and anyone interested in history.
Book chapters on the topic "Socio-legal theory"
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Creutzfeldt, Naomi, Marc Mason, and Kirsten McConnachie. "Socio-legal theory and methods." In Routledge Handbook of Socio-Legal Theory and Methods, 3–8. Abingdon, Oxon ; New York, NY : Routledge, 2019.: Routledge, 2019. http://dx.doi.org/10.4324/9780429952814-1.
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Davies, Margaret. "Doing critical-socio-legal theory." In Routledge Handbook of Socio-Legal Theory and Methods, 83–96. Abingdon, Oxon ; New York, NY : Routledge, 2019.: Routledge, 2019. http://dx.doi.org/10.4324/9780429952814-6.
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Chhotray, Vasudha, and Gerry Stoker. "Governance in Socio-Legal Studies." In Governance Theory and Practice, 120–43. London: Palgrave Macmillan UK, 2009. http://dx.doi.org/10.1057/9780230583344_6.
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Craven, Richard. "Socio-legal studies and economics." In Routledge Handbook of Socio-Legal Theory and Methods, 179–92. Abingdon, Oxon ; New York, NY : Routledge, 2019.: Routledge, 2019. http://dx.doi.org/10.4324/9780429952814-13.
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Hunter, Rosemary. "Feminist approaches to socio-legal studies." In Routledge Handbook of Socio-Legal Theory and Methods, 260–72. Abingdon, Oxon ; New York, NY : Routledge, 2019.: Routledge, 2019. http://dx.doi.org/10.4324/9780429952814-19.
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Stremlau, Nicole, and Iginio Gagliardone. "Socio-legal approaches to online hate speech *." In Routledge Handbook of Socio-Legal Theory and Methods, 385–98. Abingdon, Oxon ; New York, NY : Routledge, 2019.: Routledge, 2019. http://dx.doi.org/10.4324/9780429952814-28.
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Menkel-Meadow, Carrie. "Uses and abuses of socio-legal studies." In Routledge Handbook of Socio-Legal Theory and Methods, 35–57. Abingdon, Oxon ; New York, NY : Routledge, 2019.: Routledge, 2019. http://dx.doi.org/10.4324/9780429952814-3.
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Skeet, Charlotte Helen. "Intersectionality as theory and method." In Routledge Handbook of Socio-Legal Theory and Methods, 273–86. Abingdon, Oxon ; New York, NY : Routledge, 2019.: Routledge, 2019. http://dx.doi.org/10.4324/9780429952814-20.
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Ravid, Maayan, and Alice Schneider. "Legal concepts in flux." In Routledge Handbook of Socio-Legal Theory and Methods, 244–59. Abingdon, Oxon ; New York, NY : Routledge, 2019.: Routledge, 2019. http://dx.doi.org/10.4324/9780429952814-18.
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Giddens, Thomas. "Legal aesthetics as visual method." In Routledge Handbook of Socio-Legal Theory and Methods, 315–28. Abingdon, Oxon ; New York, NY : Routledge, 2019.: Routledge, 2019. http://dx.doi.org/10.4324/9780429952814-23.
Full textConference papers on the topic "Socio-legal theory"
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Ivanova, Yuliya, and Magomed-Sali Il'yasov. "CIVIL LEGAL FRAMEWORK FOR REGULATING THE REORGANIZATION OF A LEGAL ENTITY." In Law and law: problems of theory and practice. ru: Publishing Center RIOR, 2020. http://dx.doi.org/10.29039/02033-3/110-117.
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The institution of a legal entity is a complex legal mechanism that mediates public relations related to the organization of socio-economic activities of civil turnover participants, a constantly developing system that is influenced by various factors of a political, legal, and socio-economic nature. There are more than one thousand legal entities registered on the territory of Russia, whose main goal is to increase their competitiveness, as well as to make a profit in the course of implementing business activities.
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Petrova, Mariya. "POSTHUMOUS ASSISTED REPRODUCTION." In THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 2020. University publishing house "Science and Economics", University of Economics - Varna, 2020. http://dx.doi.org/10.36997/lbcs2020.179.
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The posthumous assisted reproduction is forbidden in Bulgaria due to the Bulgarian tradi-tions and the established legal theory and practice, as well as because of considerations of vari-ous nature: socio-economic, biological, ethical, psychological, etc. However, according to the practices in some foreign countries, the issue concerning this type of reproduction provokes theoretical and practical interest. The author presents her view on the impact of this issue for resolving the problems related to paternity, inheritance and the legal consequences resulting from them.
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González, Manuel Joaquín Fernández, Svetlana Surikova, and Tamara Pigozne. "Adaptation of a Teacher Training Programme for Character Education to the Latvian Context." In 78th International Scientific Conference of University of Latvia. University of Latvia, 2020. http://dx.doi.org/10.22364/htqe.2020.01.
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This paper presents an analysis of the quality of the adaptation of the transnational teacher training programme for character education “Arete catalyst” to the socio-cultural context of Latvia. Based on the theory of cultural adaptation of educational programmes, and on a qualitative analysis of documentary sources, the quality of the adaptation was discussed by comparing the features of the adapted programme with Latvian societal needs and policy makers’ guidelines for character education (research question 1), and with the legal and institutional requirement for teacher training (research question 2). The findings revealed that the adapted Latvian programme responds widely to the needs of Latvian society and of the educational sector regarding character and virtue education, and addresses values and virtue education, as foreseen in the governmental guidelines for upbringing at school. It also complies with the Law of Education and the regulations of the Cabinet of Ministers regarding the professional development of teachers, and with the rules for approval and implementation of teacher training programmes at the University of Latvia. The adaptation process described can be useful for academics adapting existing programs to new socio-cultural contexts. This work should be continued by piloting and refining the adapted programme.
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Костенко, О. В. "ІДЕНТИФІКАЦІЙНІ ДАНІ: ПРАВОВІ МЕХАНІЗМИ РОЗРОБКИ КЛАСИФІКАТОРІВ." In Proceedings of the XXVI International Scientific and Practical Conference. RS Global Sp. z O.O., 2021. http://dx.doi.org/10.31435/rsglobal_conf/25022021/7418.
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Modern society has entered into a full-scale implementation of the scientific and technological revolution 4.0 and economic globalization. One of the driving forces of the new scientific and technological revolution is the development of information and communication technologies and the introduction of technologies for the transmission and use of information. Today, the problem of legal support for the management of the confidentiality of data used to identify subjects and objects by their unique attributes is relevant. The degree of solving the problem of managing the processes of digital identification data is one of the main factors in the modern development of crossborder e-economy and trade. There is a situation when in Ukraine in all spheres of public life modern information and communication technologies are rapidly introduced in the actual absence of legal institutions for the management of identification and personal data, biometrics, IoT devices and artificial intelligence. A significant complication for the development and operation of identification data management systems is the lack of a single strategy in this area, socio-legal model of public relations, a single classifier of identification data and a single scheme of identification of subjects by identification data, mechanisms for legal rights and responsibilities. projects, legal procedures for biometric identification, methods of identification of IoT devices and artificial intelligence.
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Nakane, Ikuko. "Accusation, defence and morality in Japanese trials: A Hybrid Orientation to Criminal Justice." In GLOCAL Conference on Asian Linguistic Anthropology 2019. The GLOCAL Unit, SOAS University of London, 2019. http://dx.doi.org/10.47298/cala2019.16-5.
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The Japanese criminal justice system has gone through transformations in its modern history, adopting the models of European Continental Law systems in the 19th century as part of Japan’s modernisation process, and then the Anglo-American Common Law orientation after WWII. More recently, citizen judges have been introduced to the criminal justice process, a further move towards an adversarial orientation with increased focus on orality and courtroom discourse strategies. Yet, the actual legal process does not necessarily represent the adversarial orientation found in Common Law jurisdictions. While previous research from cultural and socio-historical perspectives has offered valuable insights into the Japanese criminal court procedures, there is hardly any research examining how adversarial (or non-adversarial) orientation is realised through language in Japanese trials. Drawing on an ethnographic study of communication in Japanese trials, this paper discusses a ‘hybrid’ orientation to the legal process realised through courtroom discourse. Based on courtroom observation notes, interaction data, lawyer interviews and other relevant materials collected in Japan, trial participants’ discourse strategies contributing to both adversarial and inquisitorial orientations are identified. In particular, the paper highlights how accusation, defence and morality are performed and interwoven in the trial as a genre. The overall genre structure scaffolds competing narratives, with prosecution and defence counsel utilising a range of discourse strategies for highlighting culpability and mitigating factors. However, the communicative practice at the micro genre level shows an orientation to finding the ‘truth,’ rehabilitation of offenders and maintaining social order. The analysis of courtroom communication, contextualised in the socio-historical development of the Japanese justice system and in the ideologies about courtroom communicative practice, suggests a gap between the practice and official/public discourses of the justice process in Japan. At the same time, the findings raise some questions regarding the powerful role that language plays in different ways in varying approaches to delivery of justice.
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Galetin, Milena, and Viktória Csizmadiáné Czuppon. "IMPACT OF FOREIGN INVESTMENTS IN VESZPRÉM COUNTY AND THE BALATON REGION: A DIFFERENT APPROACH." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujvcu, 2021. http://dx.doi.org/10.46793/uvp21.171g.
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The importance of foreign investment for both foreign investors and host states (i.e. the economic development of the country receiving capital) is without question. Among the motives for cross-border movement of capital are profit making, entering new markets and cheaper production1. In that sense foreign investments are suitable tools which allow companies to expand their cross-border operations and possibility to become key economic players, locally and globally. The authors deal with the impact of foreign investment on local companies/local producers in Veszprém County and the Balaton Region. The research aims to explore their attitude - advantages and obstacles they encounter due to the existence of foreign companies. There was a requirement to analyze investment disputes in which Hungary is a party, scrutinizing socio-legal aspects of foreign investment. This research consists of four parts. After the introduction, the results of the survey are shown in the second part and investment disputes in the third part. Although the survey was done just before the COVID 19 outbreak, in some parts of the paper it was necessary to address certain issues in this context. The combination of theoretical analysis and empirical research that is characteristic of social sciences is used. Finally, in the last part, concluding remarks along with recommendations are presented.
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Dignum, Virginia. "Responsible Autonomy." In Twenty-Sixth International Joint Conference on Artificial Intelligence. California: International Joint Conferences on Artificial Intelligence Organization, 2017. http://dx.doi.org/10.24963/ijcai.2017/655.
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As intelligent systems are increasingly making decisions that directly affect society, perhaps the most important upcoming research direction in AI is to rethink the ethical implications of their actions. Means are needed to integrate moral, societal and legal values with technological developments in AI, both during the design process as well as part of the deliberation algorithms employed by these systems. In this paper, we describe leading ethics theories and propose alternative ways to ensure ethical behavior by artificial systems. Given that ethics are dependent on the socio-cultural context and are often only implicit in deliberation processes, methodologies are needed to elicit the values held by designers and stakeholders, and to make these explicit leading to better understanding and trust on artificial autonomous systems.
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Koychuev, Turar. "Economies Post-Soviet Central Asia – One Geo-Economic Space: Problems and Solutions." In International Conference on Eurasian Economies. Eurasian Economists Association, 2018. http://dx.doi.org/10.36880/c10.02085.
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According to its geological age, geographic features, monotony and diversity of natural (land, mineral, energy, aquatic, biological) resources, climatic conditions, the territory of Post-Soviet Central Asia (in Soviet times called Central Asia, including Kazakhstan) is a single geographic area that has become territorial base of residence of certain peoples and their civilizational development and the formation of their statehood. Today, Post-Soviet Central Asia is not just a natural geographic but an integrated and used geo-economic space, divided into the Kazakh, Kyrgyz, Tajik, Turkmen, Uzbek state-legal and socio-economic structures of human existence.
And the welfare of each independent state (as represented by Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan and Uzbekistan) and the geo-economic space in general depends on coordinated, solidarity and shared solutions to major economic, social, environmental problems of common interest to the geo-economic space and from ensuring security of peaceful coexistence in a given geospace. The article identifies these problems and determines the ways to solve them.
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Pruteanu, Sorela-Maria, and Marius Nita. "Social Responsibility- Sustainable Challenge for Public and Private Sector." In International Conference Innovative Business Management & Global Entrepreneurship. LUMEN Publishing, 2020. http://dx.doi.org/10.18662/lumproc/ibmage2020/36.
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The focus on social responsibility is even more pronounced given that competitiveness in the private sector can be surpassed by responsible business policies towards both the environment and the community. All institutions from public sector should act in the interest of the communities they represent, promoting at the same time the benefits of the “social responsibility” concept. Including this concept within the public sector creates an added value, in terms of both the morality of the decisions (taken by the legal representatives of the communities) and this kind of behaviour’s promotion by the organizations working for the public sector or by the companies which represent the private sector. Since ancient times, moral judgements were concepts debated by both psychology experts and within the church, however, at present, this area has been expanded so that major companies are building their development strategy by placing customer satisfaction as the central element; and the public sector has the same target: solving citizen’s needs. Making ethical decisions, by taking into consideration communities’ benefits, is a goal both public and private sectors are trying to achieve in their approach of carrying out their mission: act for the good of the community by including social measures and environmental protection in the foundation of their decisions. Competition between community initiatives and socio-environmental projects where companies get involved is getting tighter and tighter in a context where business practices are more and more visible.
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Rudenko, Valentina. "Anti-Corruption Policy, the Constitution, and Human Rights in Poland." In The Public/Private in Modern Civilization, the 22nd Russian Scientific-Practical Conference (with international participation) (Yekaterinburg, April 16-17, 2020). Liberal Arts University – University for Humanities, Yekaterinburg, 2020. http://dx.doi.org/10.35853/ufh-public/private-2020-23.
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The aim of the article is to investigate the relationship between the anti-corruption policy and the implementation of human rights in Poland. The following basic legal and political science research methods were used: axiological- normative, systematic, historical, comparative, institutional, structural-functional, formal-juridical methods. The article analyses the socio-political environment in which an anti-corruption policy in Poland was formed and the strategies for its implementation. Significant institutional changes of the system of anti-corruption agencies and legal regulation of anti-corruption activities of governmental authorities were addressed. The role of social supervision in the field of corruption control in Poland was analysed. Polish anti-corruption policy peculiarities were highlighted, which increase the risk of violations and the disproportionate restriction of human rights. Particular attention was paid to the analysis of the scope of competencies and credentials of the Central Anti-Corruption Bureau, and its place in the system of anti-corruption agencies. Based on the analysis of anti-corruption policy in Poland, it was concluded that human rights are one of the most important criteria for the success and effectiveness of anti-corruption policy implementation. The issue of balance between anti-corruption policy and human rights implementation in modern democratic states shall be solved via a system-based approach within the framework of constitutional principles of democratic states, namely: the rule of law, human dignity as a basic value of a democratic state, respect for human rights and the admissibility of their restriction only within the limits and forms permitted by the Constitution, the principle of separation and balance of powers, the supremacy of people.
Reports on the topic "Socio-legal theory"
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Colomb, Claire, and Tatiana Moreira de Souza. Regulating Short-Term Rentals: Platform-based property rentals in European cities: the policy debates. Property Research Trust, May 2021. http://dx.doi.org/10.52915/kkkd3578.
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Short-term rentals mediated by digital platforms have positive and negative impacts that are unevenly distributed among socio-economic groups and places. Detrimental impacts on the housing market and quality of life of long-term residents have been particular contentious in some cities. • In the 12 cities studied in the report (Amsterdam, Barcelona, Berlin, Brussels, Lisbon, London, Madrid, Milan, Paris, Prague, Rome and Vienna), city governments have responded differently to the growth of short-term rentals. • The emerging local regulations of short-term rentals take multiple forms and exhibit various degrees of stringency, ranging from rare cases of laissez-faire to a few cases of partial prohibition or strict quantitative control. Most city governments have sought to find a middle-ground approach that differentiates between the professional rental of whole units and the occasional rental of one’s home/ primary residence. • The regulation of short-term rentals is contentious and highly politicised. Six broad categories of interest groups and non-state actors actively participate in the debates with contrasting positions: advocates of the ‘sharing’ or ‘collaborative’ economy; corporate platforms; professional organisatons of short-term rental operators; new associations of hosts or ‘home-sharers’; the hotel and hospitality industry; and residents’ associations/citizens’ movements. • All city governments face difficulties in implementing and enforcing the regulations, due to a lack of sufficient resources and to the absence of accurate and comprehensive data on individual hosts. That data is held by corporate platforms, which have generally not accepted to release it (with a few exceptions) nor to monitor the content of their listings against local rules. • The relationships between platforms and city governments have oscillated between collaboration and conflict. Effective implementation is impossible without the cooperation of platforms. • In the context of the European Union, the debate has taken a supranational dimension, as two pieces of EU law frame the possibility — and acceptable forms — of regulation of online platforms and of short-term rentals in EU member states: the 2000 E-Commerce Directive and the 2006 Services Directive. • For regulation to be effective, the EU legal framework should be revised to ensure platform account- ability and data disclosure. This would allow city (and other ti ers of) governments to effectively enforce the regulations that they deem appropriate. • Besides, national and regional governments, who often control the legislative framework that defines particular types of short-term rentals, need to give local governments the necessary tools to be able to exercise their ‘right to regulate’ in the name of public interest objectives.