James Willard Hurst as Entrepreneur for the Field of Law and Social Science

2000 ◽  
Vol 18 (1) ◽  
pp. 37-58 ◽  
Author(s):  
Bryant G. Garth
Keyword(s):  
Social Science ◽  
Intellectual History ◽  
Legal History ◽  
Law And Society ◽  
Legal Scholarship ◽  
Professional Identification ◽  
The Law ◽  
Relationship Of ◽  
The Relationship

Celebrations of the career of Willard Hurst tend to concentrate, quite understandably, on his scholarship in legal history. Most of those who now read and comment on his works are professional legal historians, and they tend to read and define Hurst according to that professional identification. This article takes a different approach, concentrating on Hurst's own role in the more general politics of legal scholarship. Hurst was not content with making a mark in legal history. He sought to challenge the legal establishment. We see the legacy of his efforts in the development of the field of law and social science, institutionalized in the mid 1960s in the Law and Society Association (LSA). Therefore, my focus is on the sociology and politics of scholarship rather than on intellectual history. I will not examine the relationship of Hurst's particular works to those who came before or after him, nor will I go through the exercise of suggesting what was good or lasting or useful about his work for present purposes.

Politics and Research: Epistemological Moments

1990 ◽  
Vol 15 (01) ◽  
pp. 149-154 ◽  
Author(s):  
Adelaide H. Villmoare
Keyword(s):  
Social Science ◽  
Social Science Research ◽  
Science Research ◽  
Law And Society ◽  
Social Scientists ◽  
The Law ◽  
The Relationship

In reading the essays by David M. Trubek and John Esser and Boaventura de Sousa Santos, I thought about what I call epistemological moments that have provided contexts within which to understand the relationship between social science research and politics. I will sketch four moments and suggest that I find one of them more compelling than the others because it speaks particularly to social scientists with critical, democratic ambitions and to Trubek and Esser's concerns about politics and the intellectual vitality of the law and society movement.

Corporate Social Responsibility and Government: The Role of Discretion for Engagement with Public Policy

2021 ◽  
pp. 1-29
Author(s):  
Jette Steen Knudsen ◽  
Jeremy Moon
Keyword(s):  
Public Policy ◽  
Corporate Social Responsibility ◽  
Social Responsibility ◽  
Integrated Framework ◽  
The Law ◽  
Corporate Social ◽  
Relationship Of ◽  
The Relationship

We investigate the relationship of corporate social responsibility (CSR) (often assumed to reflect corporate voluntarism) and government (often assumed to reflect coercion). We distinguish two broad perspectives on the CSR and government relationship: the dichotomous (i.e., government and CSR are / should be independent of one another) and the related (i.e., government and CSR are / should be interconnected). Using typologies of CSR public policy and of CSR and the law, we present an integrated framework for corporate discretion for engagement with public policy for CSR. We make four related contributions. First, we explain the dichotomous and the related perspectives with reference to their various assumptions and analyses. Second, we demonstrate that public policy for CSR and corporate discretion coexist and interact. Specifically, we show, third, that public policy for CSR can inform and stimulate corporate discretion and, fourth, that corporations have discretion for CSR, particularly as to how corporations engage with such policy.

scholarly journals Fact Finding and the World Court

1969 ◽  
Vol 7 ◽  
pp. 150-191
Author(s):  
W. F. Foster
Keyword(s):  
State Sovereignty ◽  
The World ◽  
International Tribunals ◽  
The Law ◽  
International Adjudication ◽  
Fact Finding ◽  
Relationship Of ◽  
The Relationship

The relationship of state sovereignty and the jurisdiction of international tribunals presents one of the main problems in the law of international adjudication. Submission to the jurisdiction of a tribunal implies a partial surrender of sovereignty. The extent of the surrender may be said to be proportionate to the degree of discretion open to the tribunal concerned when deciding a case submitted to it. The present study will deal with an important aspect of this judicial freedom of determination, namely, the extent to which the World Court can seek to discover the facts and circumstances of a dispute independently of the evidence and information brought before it voluntarily by the parties.

EDUCATION

PEDIATRICS ◽  
1954 ◽  
Vol 14 (5) ◽  
pp. 547-556
Author(s):  
ALBERT J. SOLNIT ◽  
MILTON J. E. SENN
Keyword(s):  
Active Role ◽  
Diagnosis And Treatment ◽  
Community Resources ◽  
Social Forces ◽  
Professional Identification ◽  
Parental Figures ◽  
Healthy Growth ◽  
Effective Diagnosis ◽  
Relationship Of ◽  
The Relationship

1. The out-patient clinic is the most valuable place for the physician to learn how comprehensive pediatrics can be mastered in his every-day office and home-visit practice. It is also the logical place to teach the relationship of community resources to pediatric practice. 2. Comprehensive medical care of the child is defined as the prevention and treatment of physical disease, and the supervision of healthy growth and development, physical and psychological. Through his comprehension of physical, psychological and social forces that influence the child, the pediatrician enables the child and his family to take an active role in solving their health problem. 3. The interview should serve as a basic instrument of diagnosis and treatment. It should be flexible, and enable the patient to express fears, anticipations and questions about his symptoms. It should be practical in length of time and sequence, depending on the patient's symptoms and his reactions to being examined by the doctor. 4. The attitudes necessary for the practice of pediatrics are best acquired by the student through the demonstrations of his teachers and through his professional identification with them. 5. When pediatric teaching is focussed on the patient as a person, a student learns that: a) Every patient is an interesting person. It can be as satisfying and important to care for a six-week-old infant who is well or a child who is going to camp, as one who suffers from a rare disease. b) There is no such thing as a non-contributory family history. It is necessary to know the meaning that complaints or questions have for the mother and the child. This can only be obtained through the physician's expressed interest in both, and in his patient attitude and willingness to listen to what both have to tell him. c) The physician is faced with a patient (child) who is extremely dependent on parents or parental figures. The parents and child form a unit. It is the pediatrician's goal to help improve the health of the child by understanding the child's position in the unit. He should utilize the assets of this unit for the child and parents. d) His interest in and acceptance of the patient results in more effective diagnosis and treatment. This attitude develops gradually when adequate supervision is available.

Business Strategies and the Law: Three Types of Entrepreneurial Processes from a Legal History Perspective

2021 ◽  
Vol 66 (2) ◽  
pp. 161-189
Author(s):  
Louis Pahlow ◽  
Sebastian Teupe
Keyword(s):  
Economic History ◽  
Legal History ◽  
Historical Perspective ◽  
Business Strategies ◽  
Institutional Entrepreneurship ◽  
Organization Studies ◽  
Modern Capitalism ◽  
Rule Breaking ◽  
The Law ◽  
The Relationship

Abstract The relationship between business strategies and legal institutions is important for understanding the historical dynamics of modern capitalism. While legal history and economic history have remained distinct disciplines, a growing number of studies now populates a vibrant «borderland» between the two. Building on frameworks of legal history, organization studies, and «new entrepreneurial history», our contribution systematizes the relation of entrepreneurship and the law from a historical perspective of change. This paper explains how an analysis of this specific relation contributes to our understanding of economic change and addresses the question of synthesis and interdisciplinary connectivity by offering a conceptual triad that focuses on the problems of agency and change at the intersection of businesses and the law. This paper argues that economic actors have used, sought, and avoided laws to transform their legal and economic environments. Each of these interactions combined a distinct set of variables conceptualized as legal business creativity, legal-institutional entrepreneurship, and Schumpeterian rule-breaking.

competency in a narrow field of practical legal method and practical reason. Then, a philosophical argument will be appreciated, considered, evaluated and either accepted or rejected. This is not a theoretical text designed to discuss in detail the importance of a range of legal doctrines such as precedent and the crucial importance of case authority. Other texts deal with these pivotal matters and students must also carefully study these. Further, this is not a book that critiques itself or engages in a post-modern reminder that what we know and see is only a chosen, constructed fragment of what may be the truth. Although self-critique is a valid enterprise, a fragmentary understanding of ‘the whole’ is all that can ever be grasped. This is a ‘how to do’ text; a practical manual. As such, it concerns itself primarily with the issues set out below: How to … (a) develop an awareness of the importance of understanding the influence and power of language; (b) read and understand texts talking about the law; (c) read and understand texts of law (law cases; legislation (in the form of primary legislation or secondary, statutory instruments, bye-laws, etc), European Community legislation (in the form of regulations, directives)); (d) identify, construct and evaluate legal arguments; (e) use texts about the law and texts of the law to construct arguments to produce plausible solutions to problems (real or hypothetical, in the form of essays, case studies, questions, practical problems); (f) make comprehensible the interrelationships between cases and statutes, disputes and legal rules, primary and secondary texts; (g) search for intertextual pathways to lay bare the first steps in argument identification; (h) identify the relationship of the text being read to those texts produced before or after it; (i) write legal essays and answer problem questions; (j) deal with European influence on English law. The chapters are intended to be read, initially, in order as material in earlier chapters will be used to reinforce points made later. Indeed, all the chapters are leading to the final two chapters which concentrate on piecing together a range of skills and offering solutions to legal problems. See Figure 1.1, below, which details the structure of the book. There is often more than one solution to a legal problem. Judges make choices when attempting to apply the law. The study of law is about critiquing the choices made, as well as critiquing the rules themselves. However, individual chapters can also be looked at in isolation by readers seeking to understand specific issues such as how to read a law report (Chapter 4) or how to begin to construct an argument (Chapter 7). The material in this book has been used by access to law students, LLB students and at Masters level to explain and reinforce connections between texts in the construction of argument to non-law students beginning study of law subjects.

2012 ◽  
pp. 16-16
Keyword(s):  
European Community ◽  
Law Students ◽  
Philosophical Argument ◽  
Crucial Importance ◽  
Legal Rules ◽  
Legal Method ◽  
Legal Problems ◽  
The Law ◽  
Relationship Of ◽  
The Relationship

“Critical Empricism” and American Critical Legal Studies: Paradox, Program, or Pandora's Box?

2011 ◽  
Vol 12 (1) ◽  
pp. 115-158 ◽  
Author(s):  
David M. Trubek ◽  
John Esser
Keyword(s):  
Empirical Research ◽  
Legal Order ◽  
Law And Society ◽  
Sociology Of Law ◽  
Critical Legal Studies ◽  
Critical Sociology ◽  
Legal Scholarship ◽  
Legal Studies ◽  
The Law

What should we make of Susan Silbey's call for socio-legal scholarship that is both critical and empirical? Do we think the law and society movement can and should develop a critique of the legal order? Can empirical research contribute to such a critique? Does the idea of a “critical sociology of law” make any sense at all?

Covenant Fidelity and Culture Wars

2017 ◽  
Author(s):  
Cathleen Kaveny
Keyword(s):  
Culture Wars ◽  
Hostile Takeover ◽  
Neutral Field ◽  
Last Stage ◽  
Legal Strategy ◽  
The Law ◽  
Relationship Of ◽  
The Relationship

This chapter grapples with the evolving and sometimes contradictory ways in which Paul Ramsey approaches secular law in his efforts to work out the relationship of love and justice. Over the course of three decades, Ramsey moves from treating the law as a rich locus of insight on the concrete requirements of that relationship, to viewing the law a more or less neutral field ripe for the application of Christian norms, to depicting law as the menacing subject of a hostile takeover by secular liberal values. The chapter contends that this last stage is a harbinger of the legal strategy used by socially conservative culture warriors in later decades. It also argues that Ramsey never fully confronts the question of how law should respond to the phenomenon of human sinfulness.

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