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  • Sociology of law

    Sociology of law

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    • Abuse of the legal system

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    • Sociologists of law

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    • Victimology

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    • Sociology of law

    • The sociology of law (or legal sociology) is often described as a sub-discipline of sociology or an interdisciplinary approach within legal studies. Some see sociology of law as belonging "necessarily" to the field of sociology whilst others tend to consider it a field of research caught up between the disciplines of l ... Read »


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    • Aggressive legalism

    • In the context of globalization and the subsequent proliferation of free trade agreements (FTAs), legal scholars generally refer to the political strategy used by a sovereign state to leverage a trade agreement’s substantive rules to counter behavior it deems unreasonable by its trading partners, as aggressive leg ... Read »


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    • Jean Carbonnier

    • Jean Carbonnier

      Jean Carbonnier (1908–2003) was one of the most important French jurists of the 20th century. He was a civil law specialist and a private law professor. Jean Carbonnier was the son of Fernand Carbonnier and Dany Daniel. He married Madeleine Hugues. His Protestant beliefs influenced his way of thinking and hi ... Read »


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    • Eugen Ehrlich

    • Eugen Ehrlich (14 September 1862 – 2 May 1922) was an Austrian legal scholar and sociologist of law. He is widely regarded as one of the primary founders of the modern field of sociology of law. Ehrlich was born in Czernowitz (now Chernivtsi in the Duchy of Bukovina, at that time a province of the Austro-Hung ... Read »


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    • International Institute for the Sociology of Law

    • The International Institute for the Sociology of Law (IISL) in Oñati is the only international establishment which is entirely devoted to teaching and promoting the sociology of law, socio-legal studies, and law and society research. The IISL is a joint venture of the Research Committee on Sociology of Law (also kn ... Read »


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    • Judicial activism

    • Judicial activism refers to judicial rulings suspected of being based on personal or political considerations rather than on existing law. It is sometimes used as an antonym of judicial restraint. The definition of judicial activism, and which specific decisions are activist, is a controversial political issue, particu ... Read »


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    • Judicial activism in the European Union

    • The European Court of Justice has historically been an important driver of integration in the EU by performing judicial activism. In the Cassis de Dijon Case, the European Court of Justice ruled the German laws prohibiting sales of liquors with alcohol percentages between 15% and 25% conflicted with EU laws. This rul ... Read »


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    • Jury research

    • Jury or juror research is an umbrella term for the use of research methods in an attempt to gain some understanding of the juror experience in the courtroom and how jurors individually and collectively come to a determination about the 'guilt' or otherwise of the accused. Historically, juries have played a signifi ... Read »


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    • Pat Lauderdale

    • Pat Lee Lauderdale (born Hobart, Oklahoma, U.S.A. October 19, 1944) is an American professor in the School of Justice and Social Inquiry at Arizona State University. He received his doctorate in the sociology of law from Stanford University. In 2008, he was appointed a visiting scholar at the Center for Comparative Stu ... Read »


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    • Law and development

    • Law and development is an interdisciplinary study of law and economic and social development. It examines the relation between law and development and analyzes how to use law as an instrument to promote economic and social development. In the 1960s, some American organizations such as the U.S. Agency for International ... Read »


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    • Legal anthropology

    • Legal anthropology, also known as the anthropology of laws, is a sub-discipline of anthropology which specializes in "the cross-cultural study of social ordering". The questions that Legal Anthropologists seek to answer concern how is law present in cultures? How does it manifest? How may anthropologists contribute to ... Read »


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    • Legal culture

    • Legal cultures are described as being temporary outcomes of interactions and occur pursuant to a challenge and response paradigm. Analyses of core legal paradigms shape the characteristics of individual and distinctive legal cultures. “Comparative legal cultures are examined by a field of scholarship, which is sit ... Read »


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    • Legal formalism

    • Legal formalism is both a positive or descriptive theory of adjudication and a normative theory of how judges ought to decide cases. In a descriptive sense, formalists believe that judges reach their decisions by applying uncontroversial principles to the facts. Although the large number of decided cases implies a larg ... Read »


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    • Legal realism

    • Legal realism is a naturalistic approach to law. Legal realists believe that the legal science should investigate law exclusively with the value-free methods of natural sciences, also called 'sciences of the real' in some Continental languages (e.g., 'Realwissenschaften', in German). Some legal realists (e.g., Leon Pet ... Read »


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    • Moral certainty

    • Moral certainty is a concept of intuitive probability. It means a very high degree of probability, sufficient for action, but short of absolute or mathematical certainty. The notion of different degrees of certainty can be traced back to a statement in Aristotle's Nicomachean Ethics that one must be content with t ... Read »


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    • Portia Hypothesis

    • The Portia Hypothesis claims women with masculine-sounding names will be more successful in the legal profession than an otherwise counterpart. The hypothesis is named after William Shakespeare's character from the Merchant of Venice, who disguises herself as a man so she can argue as a lawyer. A study of South Carol ... Read »


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    • Rational-legal authority

    • Rational-legal authority (also known as rational authority, legal authority, rational domination, legal domination, or bureaucratic authority) is a form of leadership in which the authority of an organization or a ruling regime is largely tied to legal rationality, legal legitimacy and bureaucracy. The majority of the ... Read »


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    • Reasonable doubt

    • Reasonable doubt is a term used in jurisdiction of Anglo-Saxon countries. Evidence that is beyond reasonable doubt is the standard of evidence required to validate a criminal conviction in most adversarial legal systems. Generally, prosecutors bear the burden of proof and is required to prove their version of events t ... Read »


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    • Regulation through litigation

    • Regulation through litigation refers to changes in society (particularly those that affect industries) brought about by litigation, rather than legislation or regulation. Some critics of regulation through litigation cite the constitutional doctrine of separation of powers, arguing that rules that govern society as a ... Read »


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    • Regulatory capitalism

    • The term regulatory capitalism suggests that the operation maintenance and development of the global political economy increasingly depends on administrative rules outside the legislatures and the courts. The general trend despite and beyond the process of liberalization is that of growth rather than decline of regulat ... Read »


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    • Research Committee on Sociology of Law

    • Research Committee on Sociology of Law (RCSL) was established in 1962 by William M. Evan (University of Pennsylvania) and Adam Podgórecki (University of Warsaw), with the support of Renato Treves (University of Milan) during the Congress of the International Sociological Association (ISA), which was held in Weshingt ... Read »


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    • Scepticism in law

    • Scepticism in law is a branch of jurisprudence that was a reaction against the idea of natural law, but also a response to the 'formalism' of legal positivists. Legal scepticism is sometimes known as legal realism. According to Richard Posner, "The skeptical vein in American thinking about law runs from Holmes to the ... Read »


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    • Theftbote

    • Theftbote, a misdemeanour, occurs when a crime victim accepts the return of stolen property or makes other arrangements with a felon in exchange for an agreement not to prosecute. Such private deals were criminalized by Edward III, King of England, because they reduced fines and other forfeitures of property, which wer ... Read »


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    • Jawahir Thontowi

    • Jawahir Thontowi was born in West Java, on 8 September 1956. He is currently working as a lecturer in the Universitas Islam Indonesia. His education background is from the Law faculty of the Islamic University of Indonesia and on 1999 graduated his PhD from the University of Western Australia concerning Legal Anthropol ... Read »


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    • Renato Treves

    • Renato Treves (1907–1992) was born in Turin, Italy of a Jewish family. According to Vincenzo Ferrari, Treves "devoted his first academic study to the diffusion of Claude Henri de Saint-Simon's (1760-1825) doctrines in Italy" before turning his attention to the neo-Kantian movement and Hans Kelsen's Pure Theory of ... Read »


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    • Victimology

    • Victimology is the study of victimization, including the relationships between victims and offenders, the interactions between victims and the criminal justice system—that is, the police and courts, and corrections officials—and the connections between victims and other social groups and institutions, such as ... Read »


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