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 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.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/