Sociology of law is a diverse field of study that explores the interaction of law with society and straddles jurisprudence, philosophy of law, social theory, and more specialized topics such as criminology. [235] Institutions of social construction, social norms, dispute resolution, and legal culture are key areas for study in this area of knowledge. The sociology of law is sometimes considered a sub-discipline of sociology, but its links to the academic discipline of law are equally strong, and it is best regarded as a transdisciplinary and multidisciplinary study that focuses on the theorization and empirical study of legal practices and experiences as social phenomena. In the United States, the field is generally referred to as legal and social studies; in Europe, it is more commonly referred to as social law studies. Initially, jurists and philosophers of law were suspicious of the sociology of law. Kelsen attacked one of its founders, Eugen Ehrlich, who wanted to highlight the differences and connections between the positive law that lawyers learn and apply, and other forms of « law, » or social norms, that govern daily life and generally prevent conflicts from reaching lawyers and courts. [236] Contemporary sociological research is strongly interested in how law develops outside of discrete state jurisdictions, is produced through social interaction in many types of social arenas, and acquires a variety of (often competing or contradictory) sources of authority in community networks, sometimes within nation-states, but increasingly also at the transnational level. [237] Academic writings have always played an important role in the development of the common law, both in bringing together general principles from a dispersed body of case law and in advocating for change. William Blackstone was the first scholar to collect, describe, and teach the common law from about 1760.
[103] But in describing it alone, researchers looking for explanations and underlying structures slowly changed the way the law actually worked. [104] Although the role of the executive varies from country to country, it generally proposes the majority of laws and proposes the government`s agenda. In presidential systems, the executive branch often has the power to veto laws. Most of the leaders of both systems are responsible for external relations, the army and police, and the bureaucracy. Ministers or other officials run the public functions of a country, such as a Ministry of Foreign Affairs or a Ministry of Defence. The election of another executive is therefore capable of revolutionizing the approach of the government of an entire country. Overall, there are five definitions of business law. Let`s briefly review each of them. The law is a system of rules created and enforced by social or state institutions to regulate behavior,[2] with its precise definition being the subject of long-standing debate. [3] [4] [5] It has been variously described as a science[6][7] and the art of justice. [8] [9] [10] Laws enforced by the state may be enacted by a group legislature or by a single legislature, which gives rise to laws; by the executive by decrees and ordinances; or established by judges by precedents, usually in common law jurisdictions.
Individuals may enter into legally binding contracts, including arbitration agreements that offer alternative means of resolving disputes to standard court procedures. The creation of the laws themselves may be influenced by a written or tacit constitution and the rights enshrined therein. Law shapes politics, economics, history and society in many ways and mediates relations between peoples. Criminal law, also known as criminal law, refers to crime and punishment. [189] It therefore regulates the definition and penalties for offences that have a sufficiently harmful social impact, but in itself it does not pass moral judgment on an perpetrator or impose restrictions on society that physically prevent people from committing a crime in the first place. [190] The investigation, arrest, prosecution and conviction of alleged perpetrators are governed by the law of criminal procedure. [191] The paradigmatic case of a crime lies in the proof beyond a reasonable doubt that a person is guilty of two things. First, the defendant must commit an act that is considered by society to be criminal or actus reus (guilty act).
[192] Second, the defendant must have the malicious intent necessary to commit an indictable offence, or mens rea (guilty mind). For so-called « strict liability » crimes, however, a news reus is sufficient. [193] Criminal law systems in the civil law tradition distinguish between intent in the broad sense (dolus directus and dolus eventualis) and negligence. Negligence is not punishable unless a particular crime provides for the penalty. [194] [195] Law provides a source for scholarly studies on the history of law,[23] philosophy,[24] economic analysis,[25] and sociology. [26] The law also raises important and complex issues of equality, fairness and justice. [27] [28] Ancient India and China represent different legal traditions and had historically independent schools of legal theory and practice. The Arthashastra, probably compiled around 100 AD (although it contains older material), and the Manusmriti (c. 100-300 AD) were fundamental treaties in India and include texts that are considered authoritative legal guidelines. [69] Manu`s central philosophy was tolerance and pluralism and has been cited throughout Southeast Asia.
[70] During the Muslim conquests of the Indian subcontinent, Sharia law was founded by Muslim sultanates and empires, including Fatawa-e-Alamgiri of the Mughal Empire, compiled by Emperor Aurangzeb and various scholars of Islam. [71] [72] In India, hindu legal tradition and Islamic law were replaced by common law when India became part of the British Empire. [73] Malaysia, Brunei, Singapore and Hong Kong have also adopted the common law system. East Asia`s legal tradition reflects a unique blend of secular and religious influences. [74] Japan was the first country to begin modernizing its Western-style legal system by importing parts of the French, but especially the German Civil Code. [75] This partly reflected Germany`s status as an emerging power in the late 19th century. Similarly, in the last years of the Qing Dynasty, traditional Chinese law gave way to Westernization in the form of six private law codes based mainly on the Japanese model of German law. [76] Today, Taiwanese law retains the closest affinity with the codifications of this period, due to the split between Chiang Kai-shek`s nationalists who fled there and Mao Zedong`s communists, who took control of the mainland in 1949.