The Concept of Law in the Social Sciences

1938 ◽  
Vol 5 (2) ◽  
pp. 189-203 ◽  
Author(s):  
George A. Lundberg
1950 ◽  
Vol 10 (3) ◽  
pp. 423-431
Author(s):  
B. E. King

Twenty years ago Mr. Cairns set himself the task of looking at law from three points of view, that of the social sciences, that of logic and the empirical sciences, and that of philosophy. Law and the Social Sciences was published in 1935, the Theory of Legal Science in 1941. The volume under review completes the trilogy. The object of all these volumes is the same—‘To construct the foundation of a theory of law which is the necessary antecedeat of a possible jurisprudence’. All those who have come under the spell of Mr. Cairns' stimulating thought will look forward with the greatest interest to the application and expansion of his conclusions which is now promised us in a projected final work, The Elements of Legal Theory.


2020 ◽  
pp. 1-8
Author(s):  
Knut Traisbach

Abstract In order to understand the concept of law, that is to understand what law is and does, Friedrich Kratochwil proposes to look at how we ‘use’ norms and relate them to actions. His approach promises less theoretical impasses and the ability ‘to go on’. These comments contend that a focus on ‘norm practice’ can only provide a particular understanding of how law functions. The article further suggests that the proposition and contestation of conceptions of law, including the uses of law these conceptions enable and legitimize, form part of the social practice of law. This calls for a comparative perspective.


Author(s):  
Anna Rossmanith

The main task which I pose for myself is to indicate the philosophical roots of the dialogical concept of law. First and foremost, I would like to present dialogue in the context of ancient Greek philosophy and in the context of the classicists of the philosophy of dialogue. Furthermore, I seek phenomenological bases for constructing the dialogical concept of law. The phenomenological method, starting with its classical Husserlian form, has undergone many changes. Thanks to the indication of new horizons of phenomenology by Emmanuel Levinas, discovering dialogical consciousness and the subject constituted in being with the Other are possible. The reference point of reflections on the concept of law is the relationship with the Other as an ethical relationship. Philosophy of dialogue is a certain possible prism of thinking about the social, public, and institutional space. It is thinking through the prism of dialogue (speaking), but also through the third who contributes discourse relevant to what is said. Law as the third, as the mediating element, is a co-constituting element of the entire legal world.


Methodology ◽  
2019 ◽  
Vol 15 (1) ◽  
pp. 19-30 ◽  
Author(s):  
Knut Petzold ◽  
Tobias Wolbring

Abstract. Factorial survey experiments are increasingly used in the social sciences to investigate behavioral intentions. The measurement of self-reported behavioral intentions with factorial survey experiments frequently assumes that the determinants of intended behavior affect actual behavior in a similar way. We critically investigate this fundamental assumption using the misdirected email technique. Student participants of a survey were randomly assigned to a field experiment or a survey experiment. The email informs the recipient about the reception of a scholarship with varying stakes (full-time vs. book) and recipient’s names (German vs. Arabic). In the survey experiment, respondents saw an image of the same email. This validation design ensured a high level of correspondence between units, settings, and treatments across both studies. Results reveal that while the frequencies of self-reported intentions and actual behavior deviate, treatments show similar relative effects. Hence, although further research on this topic is needed, this study suggests that determinants of behavior might be inferred from behavioral intentions measured with survey experiments.


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