Правовая система как объект социолого-правового анализа
Legal system is a concept embodying the multifacetedness of law, i.e. its internal architecture (elements of law which are complex systems per se), correlations within the system, interaction of law with other parts of socium. Legal system has been the subject matter both of law and sociology of law. Each of the sciences has developed its own approaches to this phenomenon, which do not tend to cross. Each science makes its own path not addressing the achievements of the interdisciplinary discipline. Sociology of law doctrines are considered by the author as the instruments to widen the cognitive borders of the traditional for lawyers positivist approach to law, to discover topical research perspectives. On the basis of the views of T Parsons, D. Black, N. Luhmann, P. Bourdieu, the article develops the methodology of the social approach to legal system, reveals its advantages and disadvantages. Sociologists are used to shifting a significant role in functioning legal system to legal professionals. They focus on the contradictions in the relations between legal framework (legal system, normative system etc.) and politics. The views of sociologists are extrapolated to the current reality of Russian legal system. Its majour issue is seen in the imbalance between law and politics as the ruling elite imposes a beneficial for it structure of legal system on society, intervenes in legal communication including judicial enforcement of courts and law enforcement agencies. The majour attention of lawyers should be drawn to ensuring their relative independence, widening the autonomy of legal framework and legal communications, and building up their authority when adopting paramount legal acts. This is the only way to create a prerequisite to tackle the problems which the legal system of Russian society is facing. The article covers the current empirical legal approaches suggested by sociologists as well as the causes for such research, results, perspectives and possibilities to engage jurists in such studies.
Reader in Sociology of Law and Law Enforcement
In this work Georges Gurvithc analyzed the theory of sources of law formulated by Eugen Ehrlich
The notion of globalization is relatively imprecise, and can be used loosely to embrace a large variety of different modern phenomena. Theorists abuse the G-words (a term of William Twining to demonstrate radical changes, or at least the changes which seem to be radical to some philosophers. Generalized references to new (quasi-)realities allow theorists to escape a long and laborious examination and comparison of legal phenomena in the past and in the present. This new kind of reductionism does not seek to describe complex systems through one or several prevailing elements as the classical scientific paradigm does. On the contrary, it is claimed that the growing complexity of the world requires a multidimensional approach which tries to embrace every aspect of reality.
The article analyzes the artificial and protected by the law component of the national wealth including social infrastructure, industrial, intellectual and ideological potential, as well as the mass of goods and personal property of the citizens. It pays the main attention to the issues of criminal law protection of social infrastructure, including the constitutional order, political and economic systems, health and education. It also provides us with the proposals on the improvement of the criminal law and their application.
The article examines various theories of punishment, their relationship and criticism. Punishment is an object of study for different disciplines. Interdisciplinary barriers should be overcome. In this article we are to formulate the main principles of convergence of jurisprudence and sociology in the study of punishment.
The Encyclopedia of Law and Society is the largest comprehensive and international treatment of the law and society field. With an Advisory Board of 62 members from 20 countries and six continents, the three volumes of this state-of-the-art resource represent interdisciplinary perspectives on law from sociology, criminology, cultural anthropology, political science, social psychology, and economics. By globalizing the Encyclopedia's coverage, American and international law and society will be better understood within its historical and comparative context.
This book reflects the latest trends in the contemporary legal science. The author consequently develops his idea that interhuman communicatation and interaction play an important role in creation and in ligitimation of law, involving the social groups in a communicative process.