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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. [1] Some see sociology of law as belonging "necessarily" to the field of sociology, [ 2 ] but others tend to consider it a field of research caught up between the disciplines of ...
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; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
A legal norm is a binding rule or principle, or norm, that organisations of sovereign power promulgate and enforce in order to regulate social relations.Legal norms determine the rights and duties of individuals who are the subjects of legal relations within the governing jurisdiction at a given point in time.
A case theory (aka theory of case, theory of a case, or theory of the case) is “a detailed, coherent, accurate story of what occurred" involving both a legal theory (i.e., claims/causes of action or affirmative defenses) and a factual theory (i.e., an explanation of how a particular course of events could have happened). [1]
Bobbio breaks from jusnaturalists tendencies, considering law as a speech to be submitted to the language analysis, inside the borderlines of a scientific theory, according to the paradigm of the logical positivism" [4] "Bobbio presents his position about sanctions. According to him, sanction is the response to violation of a law.
In international law, the principle is known as the Lotus principle, after a collision of the S.S. Lotus in international waters. The Lotus case of 1926–1927 established the freedom of sovereign states to act as they wished, unless they chose to bind themselves by a voluntary agreement or there was an explicit restriction in international law ...
Within jurisprudence there are multiple schools of thought, but the Hart–Fuller debate concerns just legal positivism and natural-law theory. [1] Legal positivists believe that "so long as [an] unjust law is a valid law, one has a legal obligation to obey it". [2] Positivists disregard the morality of valid laws and treat law as the sole ...
A case of a "rule" is the act of obeying a law. That is, there are limits that the structure places on agency causing the agent to act in a certain way. In this respect the structure is imposing restrictions upon the agent in order to accomplish societal norms.