Social law is a unified concept of law, which replaces the classical division of

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 ...

and

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 ...

. 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 Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust l ...

labour law Labour laws (also known as labor laws or employment laws) are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, ...

and

social security Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specifical ...

, 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 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 ...

in a democratic society.

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" concep ...

, ‘The Living Law’ (1916) 10(7) Illinois Law Review 461 This became central to the thinking of American legal realists during the ''

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 o ...

'' of the early 20th century.

Notes

{{reflist, 2

References

* Otto von Gierke,
The Social Role of Private Law
' (2016) translated and introduced by E McGaughey, originally ''

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 semicondu ...

''
Berlin 1889
* Léon Duguit, ''Le droit social, le droit individuel et la transformation de l’état'' (1911) *

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 p ...

, ''

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 Prote ...

'' (1922) translation edited by G Roth and C Wittich (1978) vol II, ch IX, viii, 886 *

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 specialisin ...

, 'Chronik von Juni 1929' in T Ramm, ''Die Justiz. Einer Chronik'' (1968) 180 *G Gurvitch, 'The Problem of Social Law' (1941
52(1) Ethics 17
* Gunther Teubner, ''Juridification of Social Spheres: A Comparative Analysis in the Areas of Labor, Corporate, Antitrust and Social Welfare Law'' (1987) *G Gurvitch, L’idee du droit social (1932), G Radbruch, Der Mensch im Recht (1957) *D Grimm, Solidarität als Rechtsprinzip (1973) *A Seifert, ‘Von der Person zum Menschen im Recht - zum Begriff des sozialen Rechts bei

’ (2011) 1(2) Soziales Recht 62 *E Eichenhofer, ‘Soziales Recht - Bemerkungen zur Begriffsgeschichte’ (2012) 2(2) Soziales Recht 76 *Ruth Dukes, ''The Labour Constitution: The Enduring Idea of Labour Law'' (2014) 15-16

External links

Website for the German ''Soziales Recht'' Journal
and o
Jstor
Law

See also

Notes

References

External links