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New Legal Realism
New legal realism (NLR) is an emerging school of thought in American legal philosophy. Overview Although it draws on the older legal realism from the first half of the twentieth century, new legal realism differs in important ways. Notably, it moves beyond the older field's emphasis on judges, courts, and formal legal systems. New legal realism examines law in people's everyday lives, using an interdisciplinary combination of current social science methods, including qualitative, quantitative, and experimental approaches. It is characterized by a “ground-level up” perspective, which focuses on laypeople's experiences with law as well as studying legal professionals and formal institutions. Research methods are chosen according to evolving research questions, responding to changing understandings as knowledge accumulates. This and other features of NLR fit well with the American pragmatism, pragmatist philosophical tradition. Some NLR scholarsNourse, Victoria, and Gregory Shaf ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Philosophy
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values; and the relationship between law and other fields of study, including Law and economics, economics, Applied ethics, ethics, Legal history, history, Sociology of law, sociology, and political philosophy. Modern jurisprudence began in the 18th century and was based on the first principles of natural law, Civil law (legal system), civil law, and the law of nations. Contemporary philosophy of law addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists. Jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Qualitative Research
Qualitative research is a type of research that aims to gather and analyse non-numerical (descriptive) data in order to gain an understanding of individuals' social reality, including understanding their attitudes, beliefs, and motivation. This type of research typically involves in-depth interviews, focus groups, or field observations in order to collect data that is rich in detail and context. Qualitative research is often used to explore complex phenomena or to gain insight into people's experiences and perspectives on a particular topic. It is particularly useful when researchers want to understand the meaning that people attach to their experiences or when they want to uncover the underlying reasons for people's behavior. Qualitative methods include ethnography, grounded theory, discourse analysis, and interpretative phenomenological analysis. Qualitative research methods have been used in sociology, anthropology, political science, psychology, communication studies, so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Philosophy Of Law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people. Legal systems vary between jurisdictions, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Anthropology
Legal anthropology, also known as the anthropology of laws, is a sub-discipline of anthropology that uses an interdisciplinary approach to "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 understandings of law? Earlier legal anthropological research focused more narrowly on conflict management, crime, sanctions, or formal regulation. Bronisław Malinowski's 1926 work, ''Crime and Custom in Savage Society'', explored law, order, crime, and punishment among the Trobriand Islanders. The English lawyer Sir Henry Maine is often credited with founding the study of Legal Anthropology through his book '' Ancient Law'' (1861). An ethno-centric evolutionary perspective was pre-eminent in early Anthropological discourse on law, evident through terms applied such as ‘pre-law’ or ‘proto-law’ in describing indigenous cultures. H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sociology Of Law
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. Some see sociology of law as belonging "necessarily" to the field of sociology, but others tend to consider it a field of research caught up between the disciplines of law and sociology. Still others regard it as neither a subdiscipline of sociology nor a branch of legal studies but as a field of research on its own right within the broader social science tradition. Accordingly, it may be described without reference to mainstream sociology as "the systematic, theoretically grounded, empirical study of law as a set of social practices or as an aspect or field of social experience". It has been seen as treating law and justice as fundamental institutions of the basic structure of society mediating "between political and economic interests, between culture and the normative order of society, establishing and maintai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Realism
Legal realism is a naturalistic approach to law; it is the view that jurisprudence should emulate the methods of natural science; that is, it should rely on empirical evidence. Hypotheses must be tested against observations of the world. Legal realists believe that legal science should only investigate law with the value-free methods of natural sciences, rather than through philosophical inquiries into the nature and meaning of the law that are separate and distinct from the law as it is actually practiced. Indeed, legal realism asserts that the law cannot be separated from its application, nor can it be understood outside of its application. As such, legal realism emphasizes law as it actually exists, rather than law as it ought to be. Locating the meaning of law in places such as legal opinions issued by judges and their deference to or dismissal of precedent and the doctrine of ''stare decisis'', it stresses the importance of understanding the factors involved in judicial ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
University Of California, Irvine School Of Law
The University of California, Irvine School of Law (known as UC Irvine Law) is the law school at the University of California, Irvine, a public research university in Irvine, California. Founded in 2007, it is the fifth and newest law school in the University of California system. At the time of its founding, it was the first new public law school in California in more than 40 years. In September 2007, Erwin Chemerinsky was named as the law school's first dean. Chemerinsky served until 2017 when he was hired to be dean of the UC Berkeley School of Law. L. Song Richardson became interim dean in July 2017 and full dean in January 2018. Song Richardson served as the dean until 2021 when she was hired as President of Colorado College. Bryant Garth became interim dean in July 2021. Austen Parrish was named as the law school's third dean in April 2022. History Initially, it was announced that the school would be named for Donald Bren, chairman of the Irvine Company, who had donate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Association Of American Law Schools
The Association of American Law Schools (AALS), formed in 1900, is a non-profit organization of 175 law schools in the United States. An additional 19 schools pay a fee to receive services but are not members. AALS incorporated as a 501(c)(3) non-profit educational organization in 1971. The association is a member of both the American Council on Education and the American Council of Learned Societies its headquarters are in Washington, D.C. History AALS was founded in 1900 by 32 charter law schools with the express purpose of improving legal education in the United States. James Bradley Thayer, a member of the Harvard Law Faculty, served as the association's first president. In August 1905, a new quarterly law publication was announced in the annual meeting held in Fort Wayne, Indiana. Henry Wade Rogers, dean of Yale Law School served as the president and 25 law schools were represented. Leadership Austen Parrish, dean of University of California, Irvine School of Law, became ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law & Social Inquiry
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a legislature, resulting in statutes; by the executive through decrees and regulations; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people. Legal systems vary between jurisdictions, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quantitative Data
Quantitative research is a research strategy that focuses on quantifying the collection and analysis of data. It is formed from a deductive approach where emphasis is placed on the testing of theory, shaped by empiricist and positivist philosophies. Associated with the natural, applied, formal, and social sciences this research strategy promotes the objective empirical investigation of observable phenomena to test and understand relationships. This is done through a range of quantifying methods and techniques, reflecting on its broad utilization as a research strategy across differing academic disciplines. There are several situations where quantitative research may not be the most appropriate or effective method to use: 1. When exploring in-depth or complex topics. 2. When studying subjective experiences and personal opinions. 3. When conducting exploratory research. 4. When studying sensitive or controversial topics The objective of quantitative research is to develo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law And Society Association
The Law and Society Association (LSA), founded in 1964, is a group of scholars from many fields and countries who share a common interest in the place of law in social, political, economic and cultural life. It is one of the leading professional associations for those interested in the sociology of law. Overview LSA members bring expertise in law, sociology, political science, psychology, anthropology, economics, history, and geography as well as in other related areas to the study of sociolegal phenomena. Among its activities, the Association publishes the '' Law & Society Review'', sponsors annual conferences and educational workshops, and fosters the development of academic programs in law and society around the world. The LSA's executive office is located in the University of Massachusetts, Amherst. Annual meetings * 2007: Berlin, Germany (July 25–28) * 2008: Montreal, Quebec (May 29-June 1) * 2009: Denver, Colorado (May 28–31) * 2010: Chicago, Illinois (May 27–30) * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Realism
Legal realism is a naturalistic approach to law; it is the view that jurisprudence should emulate the methods of natural science; that is, it should rely on empirical evidence. Hypotheses must be tested against observations of the world. Legal realists believe that legal science should only investigate law with the value-free methods of natural sciences, rather than through philosophical inquiries into the nature and meaning of the law that are separate and distinct from the law as it is actually practiced. Indeed, legal realism asserts that the law cannot be separated from its application, nor can it be understood outside of its application. As such, legal realism emphasizes law as it actually exists, rather than law as it ought to be. Locating the meaning of law in places such as legal opinions issued by judges and their deference to or dismissal of precedent and the doctrine of ''stare decisis'', it stresses the importance of understanding the factors involved in judicial ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
