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Social Law
Social law is a unified concept of law, which replaces the classical division of public law and private law. The term has both been used to mean fields of law that fall between "core" private and public subjects, such as corporate law, competition law, labour law and social security, or as a unified concept for the whole of the law based on associations. In reaction to classical jurisprudence in the 19th century, legal scholars questioned a rigid divide between private law and public law. The German legal philosopher, Otto von Gierke worked to develop a comprehensive history and theory of "social law" (''Soziales Recht''). Key tenets of Gierke's work were adopted and brought into English jurisprudence by Frederick W. Maitland. In France, Léon Duguit developed the concept of social law in his 1911 book, ''Le droit social, le droit individuel et la transformation de l’état''. A common thread has been an attachment to social justice in a democratic society.Louis Brandeis, ‘The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Law
Public law is the part of law that governs relations between legal persons and a government, between different institutions within a state, between different branches of governments, as well as relationships between persons that are of direct concern to society. Public law comprises constitutional law, administrative law, tax law and criminal law, as well as all procedural law. Laws concerning relationships between individuals belong to private law. The relationships public law governs are asymmetric and inequalized. Government bodies (central or local) can make decisions about the rights of persons. However, as a consequence of the rule-of-law doctrine, authorities may only act within the law (''secundum et intra legem''). The government must obey the law. For example, a citizen unhappy with a decision of an administrative authority can ask a court for judicial review. The distinction between public law and private law dates back to Roman law, where the Roman jurist Ulpian ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Louis Brandeis
Louis Dembitz Brandeis (; November 13, 1856 – October 5, 1941) was an American lawyer and associate justice on the Supreme Court of the United States from 1916 to 1939. Starting in 1890, he helped develop the "right to privacy" concept by writing a ''Harvard Law Review'' article of that title, and was thereby credited by legal scholar Roscoe Pound as having accomplished "nothing less than adding a chapter to our law." He was a leading figure in the antitrust movement at the turn of the century, particularly in his resistance to the monopolization of the New England railroad and advice to Woodrow Wilson as a candidate. In his books, articles and speeches, including ''Other People's Money and How the Bankers Use It'', and '' The Curse of Bigness'', he criticized the power of large banks, money trusts, powerful corporations, monopolies, public corruption, and mass consumerism, all of which he felt were detrimental to American values and culture. He later became active in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hugo Sinzheimer
Hugo Sinzheimer (12 April 1875 – 16 September 1945) was a German legal scholar, and author of the Weimar Constitution. He was a leading proponent of the concept of social law. Biography Sinzheimer was one of the first academics specialising in labour law; he published an introduction to this field (''Der korporative Arbeitsnormenvertrag'') in 1907. He was one of the members of the Weimar National Assembly, which promulgated the Weimar Constitution. As a major influence on the drafting of the labour law section of the constitution, he is considered to be "the father of labour law" in Germany. He was inspired by the ideals of the dignity and liberty of every human being, and was a humanist in the widest sense of the word. As a lawyer, he frequently represented political and union-related groups. He joined the Social Democratic Party of Germany in 1914. From 1920 onward, he was professor of labour law and sociology of law at Frankfurt University. In 1933, Sinzheimer, who was ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Economy And Society
''Economy and Society: An Outline of Interpretive Sociology'' (1921; ; or simply ''Economy and Society'') is a book by political economist and sociologist Max Weber, published posthumously in Germany by his wife Marianne. Alongside ''The Protestant Ethic and the Spirit of Capitalism'' (1905), it is considered to be one of Weber's most important works. Extremely broad in scope, the book covers numerous themes including religion, economics, politics, public administration, and sociology. A complete translation of the work was not published in English until 1968. In 1998, the International Sociological Association listed this work as the most important sociological book of the 20th century. Quotes Sociology Sociology…is a science concerning itself with the interpretive understanding of social action and thereby with a causal explanation of its course and consequences. We shall speak of "action" insofar as the acting individual attaches a subjective meaning to his behavior.Web ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Max Weber
Maximilian Karl Emil Weber (; ; 21 April 186414 June 1920) was a German sociologist, historian, jurist and political economist, who is regarded as among the most important theorists of the development of modern Western society. His ideas profoundly influence social theory and research. While Weber did not see himself as a sociologist, he is recognized as one of the fathers of sociology along with Karl Marx, and Émile Durkheim. Unlike Durkheim, Weber did not believe in monocausal explanations, proposing instead that for any outcome there can be multiple causes. Also unlike Durkheim, Weber was a key proponent of methodological anti-positivism, arguing for the study of social action through interpretive rather than purely empiricist methods, based on a subjective understanding of the meanings that individuals attach to their own actions. Weber's main intellectual concern was in understanding the processes of rationalisation, secularisation, and the ensuing sense of "disenchan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Die Soziale Aufgabe Des Privatrechts
Die, as a verb, refers to death, the cessation of life. Die may also refer to: Games * Die, singular of dice, small throwable objects used for producing random numbers Manufacturing * Die (integrated circuit), a rectangular piece of a semiconductor wafer * Die (manufacturing), a material-shaping device * Die (philately) * Coin die, a metallic piece used to strike a coin * Die casting, a material-shaping process ** Sort (typesetting), a cast die for printing * Die cutting (web), process of using a die to shear webs of low-strength materials * Die, a tool used in paper embossing * Tap and die, cutting tools used to create screw threads in solid substances * Tool and die, the occupation of making dies Arts and media Music * ''Die'' (album), the seventh studio album by rapper Necro * Die (musician), Japanese musician, guitarist of the band Dir en grey * DJ Die, British DJ and musician with Reprazent * "DiE", a 2013 single by the Japanese idol group BiS * die!, an inactive German ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Natural Law
Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacted laws of a state or society). According to natural law theory (called jusnaturalism), all people have inherent rights, conferred not by act of legislation but by "God, nature, or reason." Natural law theory can also refer to "theories of ethics, theories of politics, theories of civil law, and theories of religious morality." In the Western tradition, it was anticipated by the pre-Socratics, for example in their search for principles that governed the cosmos and human beings. The concept of natural law was documented in ancient Greek philosophy, including Aristotle, and was referred to in ancient Roman philosophy by Cicero. References to it are also to be found in the Old and New Testaments of the Bible, and were later expou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Private Law
Private law is that part of a civil law legal system which is part of the ''jus commune'' that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law), and the law of obligations (as it is called in civil legal systems). It is to be distinguished from public law, which deals with relationships between both natural and artificial persons (i.e., organizations) and the state, including regulatory statutes, penal law and other law that affects the public order. In general terms, private law involves interactions between private individuals, whereas public law involves interrelations between the state and the general population. Concept One of the five capital lawyers in Roman law, Domitius Ulpianus, (170–223) – who differentiated ius publicum versus ius privatum – the European, more exactly the continental law, philosophers and thinkers want(ed) to put each branch of law into this dichotomy: Public and Priva ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sociology Of Law
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. Some see sociology of law as belonging "necessarily" to the field of sociology, but others tend to consider it a field of research caught up between the disciplines of law and sociology. Still others regard it as neither a subdiscipline of sociology nor a branch of legal studies but as a field of research on its own right within the broader social science tradition. Accordingly, it may be described without reference to mainstream sociology as "the systematic, theoretically grounded, empirical study of law as a set of social practices or as an aspect or field of social experience". It has been seen as treating law and justice as fundamental institutions of the basic structure of society mediating "between political and economic interests, between culture and the normative order of society, establishing and maintainin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Philosophy
Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. It asks questions like "What is law?", "What are the criteria for legal validity?", and "What is the relationship between law and morality?" Philosophy of law and jurisprudence are often used interchangeably, though jurisprudence sometimes encompasses forms of reasoning that fit into economics or sociology. Philosophy of law can be sub-divided into analytical jurisprudence, and normative jurisprudence. Analytical jurisprudence aims to define what law is and what it is not by identifying law's essential features. Normative jurisprudence investigates both the non-legal norms that shape law and the legal norms that are generated by law and guide human action. Analytical jurisprudence Unlike experimental jurisprudence, which investigates the content our folk legal concepts using the methods of social science, analyti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lochner Era
The ''Lochner'' era is a period in American legal history from 1897 to 1937 in which the Supreme Court of the United States is said to have made it a common practice "to strike down economic regulations adopted by a State based on the Court's own notions of the most appropriate means for the State to implement its considered policies". The court did this by using its interpretation of substantive due process to strike down laws held to be infringing on economic liberty or private contract rights. The era takes its name from a 1905 case, ''Lochner v. New York''. The beginning of the era is usually marked earlier, with the Court's decision in ''Allgeyer v. Louisiana'' (1897), and its end marked forty years later in the case of ''West Coast Hotel Co. v. Parrish'' (1937), which overturned an earlier ''Lochner''-era decision. The Supreme Court during the ''Lochner'' era has been described as "play nga judicially activist but politically conservative role". The Court sometimes invali ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Social Justice
Social justice is justice in terms of the distribution of wealth, opportunities, and privileges within a society. In Western and Asian cultures, the concept of social justice has often referred to the process of ensuring that individuals fulfill their societal roles and receive their due from society. In the current movements for social justice, the emphasis has been on the breaking of barriers for social mobility, the creation of safety nets, and economic justice. Social justice assigns rights and duties in the institutions of society, which enables people to receive the basic benefits and burdens of cooperation. The relevant institutions often include taxation, social insurance, public health, public school, public services, labor law and regulation of markets, to ensure distribution of wealth, and equal opportunity. Interpretations that relate justice to a reciprocal relationship to society are mediated by differences in cultural traditions, some of which emphasize t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
