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While the monopoly on violence as the defining conception of the state was first described in sociology by Max Weber in his essay Politics as a Vocation (1919), [1] the monopoly of the legitimate use of physical force is a core concept of modern public law, which goes back to French jurist and political philosopher Jean Bodin's 1576 work Les ...
Irrespective of whether sociology of law is defined as a sub-discipline of sociology, an approach within legal studies or a field of research in its own right, it remains intellectually dependent mainly on the traditions, methods and theories of sociology proper, criminology, administration of justice, and processes that define the criminal ...
Coercion involves compelling a party to act in an involuntary manner through the use of threats, including threats to use force against that party. [1] [2] [need quotation to verify] [3] It involves a set of forceful actions which violate the free will of an individual in order to induce a desired response.
In law, coming into force or entry into force (also called commencement) is the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect. The term is closely related to the date of this transition.
At common law, this was the name of a mixed action (springing from the earlier personal action of ejectione firmae) which lay for the recovery of the possession of land, and for damages for the unlawful detention of its possession. The action was highly fictitious, being in theory only for the recovery of a term for years, and brought by a ...
In 1976, theoretical sociologist Donald Black introduced a general sociological theory of law in his book The Behavior of Law. The theory exemplified Black's sociological paradigm known as pure sociology. [1] [2] A central aspect of this paradigm was the reconceptualization of human behavior as the behavior of social life.
Manifest functions are the consequences that people see, observe or even expect. It is explicitly stated and understood by the participants in the relevant action. The manifest function of a rain dance, according to Merton in his 1957 Social Theory and Social Structure, is to produce rain, and this outcome is intended and desired by people participating in the ritual.
In Indian Penal Code, Section 349 explains the meaning of force as under:- 'A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or cessation of motion as brings that substance into contact with any part of that other's body, or with anything which that other is ...