Dicey pioneered concept of rule of law in his work Introduction to the Study of the Law of Constitution which was initially published in 1888. Hence, Dicey’s great work was written in the 1880’s at such time when the Lassiez faire Victorian era policy was making way for the beginning of era of Welfare State. Dicey was influenced by the laissez faire policy and the increased powers of administration and the consequent exercise of wide administrative discretion in the welfare state worried him. Apart from this, Dicey also compared the English system with the French Droit Administratiff (separate courts for adjudicating disputes between State officials and the person(s) affected by the State action). He was against the establishment of special administrative courts in addition to the ordinary law courts for determining the rights of individuals as against the
During this period, he wrote a lot of works that expressed his ideas such as Causation in the Law (1959, with A.M. Honore), Law, Liberty and Morality (1963), Of Laws in General (1970), and Essays on Bentham (1982). But the most noteworthy of these works is The Concept of Law and one of the most original documents in the twentieth century. Considered as a masterpiece by the person with immeasurable contribution in his field, is defined by its elegant use of language and presence of very balanced arguments have promoted and nurtured a large growth in the quality and quantity of education in the area of law. In this, his view of law and legal theory is engraved, wherein he puts forward a very benevolent and new approach to Natural Law which he largely attributes to his conversations with late G.A. Paul of Oxford.
areas in sociology and if this work is pushed to the forefront in legal sociology, it will be less for the sound knowledge it can offer than for the opportunity it presents to apply sophisticated research technique. [ Selznick, 1959. 119-120]. Close examination even of the products of the jury studies reveals that far less was achieved than had been anticipated and planned. The Kalven-Zeisel study of the American Jury is, of course, the centerpiece of the effort, and it exemplifies the division of labor between social scientists and legal scholars that Selznick described for the second stage[ Kalven Harry, H. Z.
STAGES OF DEVELOPMENT 1. Empirical Scientific Approach Auguste Comte (1789-1857) French legal philosopher who is considered as the founder of the sociological school of jurisprudence. In fact it was he who coined the term 'sociology'. He propounded what is known as ‘scientific positivism’, which is the scientific method to study sociology. He was a mathematician and believed in learning by empirical methods.
He firmly bases his justice as fairness concept with the aid of methodological concepts. Rawls’ theory of justice is supported through the construction of an elaborate base of his account of a form of social contract, the ‘veil of ignorance’, and then basing the justice as fairness principle on it. Rawls’ conjecture isn’t water tight, it does raise some question, but it takes into account the moral issues ignored by classical utilitarianism. Justice as fairness also tackles intuitionism as the logic behind the concept of justice as fairness is sound compared to the possibly irrational rationale behind
An apposing theory on the creation of laws views them as a “product of conflict” (Hagan 5). In this view, there are many different moralities, which compete to become law. In several ways, this theory seems to match strain theory better than the consensus theory. As discussed previously, strain theory suggests that when goals become impossible to achieve through accepted means (defined by laws) crime is likely to occur. But why do these means fall short?
Is idea of realism was also related to metaphysics. This theory was that there are objects that exist separate to the world that the person perceives. His understanding was that every thing had a natural purpose (matter) and a goal that it’s striving to (form). In the case of law, Justice (the form) is used to transform laws (matter) into their real purpose to achieve justice. He distinguished between natural justice (the form) and conventional justice (human laws – the matter).
Thus, in his book A Theory of Justice (1971), he provides us with a theory that he calls Justice as Fairness, aiming to the setting up a fair and just society for all, considering the existing inequalities. The model of this theory was like a response to the Utilitarianism, which does not take into account the rights and liberties of the minorities. The reason to come up with something substitutional to the prevailing utilitarian theory, can be traced to the very basic assumptions that according to Rawls, constitute human nature. Rawls believes that humans are individuals, differently equipped with physical features, natural talents and circumstances. What puts them on an equal basis, is their capacity of rationality and reasoning, meaning that individuals are rational in terms of conceptualizing what is good for themselves, but at the same time, they are reasonable in terms of acknowledging the right things for themselves and for the others in the community.
Weber 's analysis of modernity and rationalization significantly influenced the critical theory associated with the Frankfurt School. The starting point of Weber’s political analysis was the important distinction between power as authority and power as coercion. So according
He believed that knowledge is socially co- constructed then internalized. The major theme of Vygotsky 's theoretical framework is that social interaction plays a fundamental role in the development of cognition. Through this interaction, children learn gradually and continuously from parent and teachers He asserted that much of children’s learning takes place during play. This is because language and development build upon each other and the best way to develop competency is through interaction with others in a special way. Social interactions between a teacher and a learner not only impart skills but they also give the learner the context and the cultural values of that skill, and they