The trial is organized as follows. First, we provide a sketch of the social science literature on conceptualization and measurement. We highlight the wishes of a good social science concept, one of which is that the concept should essentially be subject to empirical evaluation. Next, let`s look at the relationships between the concepts that we believe are a central feature of the law. At the most basic level, it is assumed that the application of a legal test favours a different concept such as justice or deterrence. Within the law, concepts are also building blocks of legal norms and can be grouped in different ways.9 Our argument is that these compounds are more useful when they are empirically verifiable, at least in principle. The next part contains a number of examples that come mainly from constitutional law, although our claim is more general. These examples cover both concepts and conceptual relationships, as well as bad and effective cases. We conclude with a brief discussion of the implications and extensions. In this essay, we argue that the social sciences can influence an internal view of the law by improving the formation and linkage of legal concepts. The social science literature on conceptualization and measurement is abundant, particularly in political science, psychology, and sociology.5 Nevertheless, their conclusions have been largely ignored by jurists, despite some similarities with the architecture of legal thought. After all, law is about language organized into concepts structured in such a way that lawyers can use them.
Concepts are the bread and butter of everyday life and, of course, of law. Negligence, a take, a promissory note, rigorous scrutiny – each of these is a formulation that incorporates a specific conceptual structure and helps shape the way lawyers approach legal issues. Our argument is that examining legal doctrines with the same rigorous scrutiny that social scientists apply to their own efforts can provide insight into a useful legal concept or relationship. And we further suggest that this will stimulate efforts to refine the law. We use several examples from constitutional law to illustrate our claim, but the implications are more general. Before continuing, let us clarify that whatever the title of our essay, it is not a work of jurisprudence. Like Hart, we are not interested in the concept of law itself.6 We leave aside the question of what law is, as well as the relative role of natural law or positivist approaches to this issue.7 Rather, we are interested in how the law uses the concepts. While we have made significant progress in our predictive understanding of judicial behavior, there has been little effort to apply the same vision to the articulation of the law itself. Our efforts offer an external perspective from which we can assess the conceptual apparatus of law, which in turn could influence the normative development of law. Concepts are the building blocks of legal doctrine. All legal rules and norms are actually formed by combining concepts in different ways. But despite their central importance, legal terms are not well understood.
There is no agreement on what makes a legal concept useful or ineffective – it is worth maintaining or revising. However, social scientists have developed a number of criteria for successful concepts. Of these, measurability is the most important: the ability, at least in principle, to evaluate a concept with data. In this essay, we apply social science criteria to a number of concepts and conceptual relationships in American constitutional law. We show that this field includes both bad and effective concepts and conceptual connections. We also explain how examples of bad concepts could be improved. The law is not a homogeneous set of rules. In fact, it consists of many «areas of law» that sometimes have great differences. This section deals with areas of law in general. In particular, it focuses on two main areas of law, namely the separation between public and private law and between substantive and procedural law. In addition, a number of basic legal concepts such as «rule», «legal subject», «act», «law» and «jurisdiction» are discussed.
Although the laws of different jurisdictions differ in content, they often have the same conceptual elements: basic legal concepts. This chapter discusses a number of these basic concepts. ◘ Section 1 deals with the different areas of law, such as tort law and administrative law. Legal persons such as natural and legal persons shall be the subject of ◘ paragraph 2. ◘ Section 3 deals with the application of the rules and deals with operational facts and legal consequences. Legal acts by which legal representatives may intentionally change the legal positions of themselves and others are the subject of ◘ § 4. ◘ Section 5 deals with the relationship between duties, prohibitions and permissions, while ◘ Section 6 deals in detail with responsibilities and immunities. Finally, sections ◘ 7, ◘ 8, ◘ 9 and ◘ 10 deal with different types of rights. Also note that we do not deal with non-legal concepts that are often used within the framework of the law. Clearly, the law seeks to promote values such as justice, fairness or democracy that are not inherently legal. These values provide norms by which legal systems can be measured and can even be challenged in the social sciences.8 But from our point of view, they are not legal concepts themselves, even if they are used to motivate legal interventions.
On Wednesday, Live Law reported that a Kerala court ruled that Article 354 of the Indian Penal Code. George P. Fletcher is considered one of today`s leading jurists in the fields of crime and criminal law, particularly comparative and international criminal law. If we look at the events of his personal and professional life over the past 70 years, the linguistic dimension dominates and clearly overshadows these activities. Growing up in the United States at a time when English was considered the only language needed, Fletcher mastered six other languages. Because of his mastery of the language, he was propelled to the top of the international legal world. «My Life in Seven Languages,» a luastic memoir, explores Fletcher`s legal experiences and family relationships that otherwise would not have been possible as a monolinguist. Georges. Fletcher is a Cardozo Professor of Law at Columbia Law School. This is an overview of the subscription content that you can access through your institution. To calculate the overall star rating and percentage distribution by star, we do not use a simple average. Instead, our system takes into account, for example, the current rating and whether the reviewer purchased the item on Amazon.
It also analyzed the reviews to verify reliability. These keywords were added by machine and not by the authors. This process is experimental and the keywords can be updated as the learning algorithm improves. Privatization of the presidency of the Council sector Although in our time, most of the in or. Customer reviews, including reviews of product stars, help customers learn more about the product and decide if it`s the right product for them. Population control is a massive problem in our country, so in the face of this problem, the Ut. You can also search for this author in PubMed Google Scholar.
