The Social Construction of the Concept of Law: A Reply to Julie Dickson

2005 ◽  
Vol 25 (3) ◽  
pp. 493-501 ◽  
Author(s):  
F. Schauer
1938 ◽  
Vol 5 (2) ◽  
pp. 189-203 ◽  
Author(s):  
George A. Lundberg

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.


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.


1992 ◽  
Vol 37 (11) ◽  
pp. 1186-1186
Author(s):  
Garth J. O. Fletcher

2010 ◽  
pp. 73-89
Author(s):  
M.-F. Garcia

The article examines social conditions and mechanisms of the emergence in 1982 of a «Dutch» strawberry auction in Fontaines-en-Sologne, France. Empirical study of this case shows that perfect market does not arise per se due to an «invisible hand». It is a social construction, which could only be put into effect by a hard struggle between stakeholders and large investments of different forms of capital. Ordinary practices of the market dont differ from the predictions of economic theory, which is explained by the fact that economic theory served as a frame of reference for the designers of the auction. Technological and spatial organization as well as principal rules of trade was elaborated in line with economic views of perfect market resulting in the correspondence between theory and reality.


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