Эмпирические индикаторы мобилизации права
Donald Black has been a key theorist in sociology of law over the last quartercentury. His principal idea is that in specific situations governmental social control can be measured quantitatively by tracking the activities of individuals who use legal system. Black views the quantity of law as dependant on social structure inextricably linked to society. Unlike numerous works focused on Black’s behavior of law theory, this article highlights his theory of the mobilization of law. Mobilization of law is a phenomenon when a life situation turns into a legal case (lawsuit, criminal case, etc.). The studies testing Black’s theory propose different approaches to this phenomenon. The author differentiates between an ‘actionbased’ approach and a ‘resultsbased’ approach. The article examines eleven quantitative studies of citizens’ mobilization of law published in 1979—2017 and considers empirical indicators of the mobilization of law and social structure factors. The current research practices are oriented towards the fact of mobilization of law (appeal to court or police) but attempts to assess their success are scarce. When it comes to operationalization of social structure factors, it is of utmost importance to choose the indicators which best suit the conditions of the society under consideration rather than those popular in today’s studies. The Black’s theory is rich in indicators; however the data available for the researchers are limited. Victimization surveys which take into account the latent crime are often used as a source. A turn to data in criminology and empirical legal studies may lead to positive changes in the studies of the mobilization of law and even redefine them.
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.
Several approaches to the concept of fatherhood present in Western sociological tradition are analyzed and compared: biological determinism, social constructivism and biosocial theory. The problematics of fatherhood and men’s parental practices is marginalized in modern Russian social research devoted to family and this fact makes the traditional inequality in family relations, when the father’s role is considered secondary compared to that of mother, even stronger. However, in Western critical men’s studies several stages can be outlined: the development of “sex roles” paradigm (biological determinism), the emergence of the hegemonic masculinity concept, inter-disciplinary stage (biosocial theory). According to the approach of biological determinism, the role of a father is that of the patriarch, he continues the family line and serves as a model for his ascendants. Social constructivism looks into man’s functions in the family from the point of view of masculine pressure and establishing hegemony over a woman and children. Biosocial theory aims to unite the biological determinacy of fatherhood with social, cultural and personal context. It is shown that these approaches are directly connected with the level of the society development, marriage and family perceptions, the level of egality of gender order.
This article is talking about state management and cultural policy, their nature and content in term of the new tendency - development of postindustrial society. It mentioned here, that at the moment cultural policy is the base of regional political activity and that regions can get strong competitive advantage if they are able to implement cultural policy successfully. All these trends can produce elements of new economic development.