Sociology of Law

1. SociologyofLaw October 22, 2013

2. StudingLaw Why? Whatdidyoulearn? Whatkindofknowledgeyouhave??

3. Law is AnArt Ars boni et aequi Laws are not invented they grow out from circumstances (Azarias)

4. Law is systematizedexperience What is inhetritance. Who getwhat? What to do inthecaseoffamilyviolence ? How to developindependencyofjustice? How to finance political campaignes?

5. EfficiencyoftheLaw It is veryeasything to devisegoodlaws; thedifficaulty is to makethemeffective. Lord Bolingbroke

6. Justice • JusticeandLaw • honestevivere, neminemledere, suumcuiquetribuere J. Rowls TheprinciplesofJustice(O.W.Holmes)?

7. Thedifferentkindofjurisprudence M.Rehbinder: • Legal philosophy: ideal shapeoflaw WHY LAW? • Legal dogmatics : technologyoftheLaw WHO HAS RIGHT? • Sociology of Law: KAKO PRAVO DJELUJE WHAT IS REALITY OF LAW?

8. On differentnames jurisprudence, law and society, sociology of law, law and social sciences, social analisys of law, law researches

9. Motives for Expansion • Methodologyofsocialresearch • Justiceandphilosophyoflaw , to seelawfrominternallogic or fromsocialfunction(i.e. legitimacyoflaw) • Dinamicsofsocial change (regulationbyvirtue or bynorms)

10. ValuesandEthics Values are our fundamental beliefs. They are the principles we use to define that which is right, good and just. Values provide guidance as we determine the right versus the wrong, the good versus the bad. They are our standards. Typical values include honesty, integrity, compassion, courage, honor, responsibility, patriotism, respect and fairness. Morals are values which we attribute to a system of beliefs, typically a religious system, but it could be a political system of some other set of beliefs. These values get their authority from something outside the Ethics is about our actions and decisions. When one acts in ways which are consistent with our beliefs (whether secular or derived from a moral authority) we will characterize that as acting ethically. When one’s actions are not congruent with our values - our sense of right, good and just - we will view that as acting unethically. The ethics of our decisions and actions is defined societally, not individually.

11. ValuesandEthics Values Values are the rules by which we make decisions about right and wrong, should and shouldn't, good and bad. They also tell us which are more or less important, which is useful when we have to trade off meeting one value over another. Morals Morals have a greater social element to values and tend to have a very broad acceptance. Morals are far more about good and bad than other values. We thus judge others more strongly on morals than values. A person can be described as immoral, yet there is no word for them not following values. Ethics You can have professional ethics, but you seldom hear about professional morals. Ethics tend to be codified into a formal system or set of rules which are explicitly adopted by a group of people. Thus you have medical ethics. Ethics are thus internally defined and adopted, whilst morals tend to be externally imposed on other people.

12. ValuesandEthics Ethics of principled conviction asserts that intent is the most important factor. If you have good principles, then you will act ethically. Ethics of responsibility challenges this, saying that you must understand the consequences of your decisions and actions and answer to these, not just your high-minded principles. The medical maxim 'do no harm', for example, is based in the outcome-oriented ethics of responsibility.

13. Teorijska tradicija – jurisprudencija «Jurisprudencija i sociologija imaju različite zadatke. Jurisprudencija opisuje pravni sustav iznutra i određuje kako tumačiti i primijeniti pravne norme. Sociologija opisuje pravni sustav izvana. U kojem se opsegu vanjski opis tiče unutarnje strukture i unutarnjih problema zavisi od konceptualnih instrumenata» N.Luhmann, Le droit comme système social, Droit et société, 11-12, 1989, 53.