Reflexiók a jogszociológia elméleti fundamentumaira
In this essay some fundamental approaches of legal sociology have been examined. Their works (Sir Henry Maine, Herbert Spencer, and William Graham Sumner) had showed us how the social changes effect on legal construction and how the legal rules effect on social situations. Moreover, they explicate u...
Elmentve itt :
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| Dokumentumtípus: | Cikk |
| Megjelent: |
Szegedi Tudományegyetem Állam- és Jogtudományi Kar
Szeged
2024
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| Sorozat: | Acta Universitatis Szegediensis : forum : acta juridica et politica
14 No. 1 |
| Kulcsszavak: | Jogszociológia |
| Tárgyszavak: | |
| Online Access: | http://acta.bibl.u-szeged.hu/86834 |
| Tartalmi kivonat: | In this essay some fundamental approaches of legal sociology have been examined. Their works (Sir Henry Maine, Herbert Spencer, and William Graham Sumner) had showed us how the social changes effect on legal construction and how the legal rules effect on social situations. Moreover, they explicate us a real connection between the social reality and the present law and the connection between the economic situation, the social, and the legal one as well. Sir Henry Maine concerned that the legal history determined nowadays legal systems, and influenced by sociohistorical changes. To sum up according to him the rights and duties developed from the family to the private status as in the ancient Roman Law has showed us. Herbert Spencer examined that how the militant society turned to the industrial one and parallel to that their legal system as well. William Graham Sumner concerned what is/or has been the relationship the so-called folkways, mores, customary law and the positive law and the whole society. For instance, the costumery law from the ancestors inherited but the positive law such as written legal rules enacted by the political institutions. Focusing on the analysis on these theorists we can see that they have a common lateral thinking: the connection between the society and the law and a correlation between the social changes and the transformations in law. |
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| Terjedelem/Fizikai jellemzők: | 191-216 |
| ISSN: | 2063-2525 |