Prague, Czech Republic

Theory, Philosophy and Sociology of Law

Language: English Studies in English
Subject area: humanities
University website: www.cuni.cz
Years of study: 3
Law
Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.
Philosophy
Philosophy (from Greek φιλοσοφία, philosophia, literally "love of wisdom") is the study of general and fundamental problems concerning matters such as existence, knowledge, values, reason, mind, and language. The term was probably coined by Pythagoras (c. 570–495 BCE). Philosophical methods include questioning, critical discussion, rational argument, and systematic presentation. Classic philosophical questions include: Is it possible to know anything and to prove it? What is most real? Philosophers also pose more practical and concrete questions such as: Is there a best way to live? Is it better to be just or unjust (if one can get away with it)? Do humans have free will?
Sociology
Sociology is the scientific study of society, including patterns of social relationships, social interaction, and culture. It is a social science that uses various methods of empirical investigation and critical analysis to develop a body of knowledge about social order, acceptance, and change or social evolution. Many sociologists aim to conduct research that may be applied directly to social policy and welfare, while others focus primarily on refining the theoretical understanding of social processes. Subject matter ranges from the micro-sociology level of individual agency and interaction to the macro level of systems and the social structure.
Theory
A theory is a contemplative and rational type of abstract or generalizing thinking, or the results of such thinking. Depending on the context, the results might, for example, include generalized explanations of how nature works. The word has its roots in ancient Greek, but in modern use it has taken on several related meanings.
Theory
All men suppose what is called Wisdom to deal with the first causes and the principles of things; so that, as has been said before, the man of experience is thought to be wiser than the possessors of any sense-perception whatever, the artist wiser than the men of experience, the masterworker than the mechanic, and the theoretical kinds of knowledge to be more of the nature of Wisdom than the productive.
Aristotle, Metaphysics, 982a1, Complete Works, vol. 2, p. 1553
Theory
Great theories are expansive; failures mire us in dogmatism and tunnel vision.
Stephen Jay Gould, Eight Little Piggies (1993), "More Light on Leaves".
Philosophy
The realist, then, would seek in behalf of philosophy the same renunciation the same rigour of procedure, that has been achieved in science. This does not mean that he would reduce philosophy to natural or physical science. He recognizes that the philosopher has undertaken certain peculiar problems, and that he must apply himself to these, with whatever method he may find it necessary to employ. It remains the business of the philosopher to attempt a wide synoptic survey of the world, to raise underlying and ulterior questions, and in particular to examine the cognitive and moral processes. And it is quite true that for the present no technique at all comparable with that of the exact sciences is to be expected. But where such technique is attainable, as for example in symbolic logic, the realist welcomes it. And for the rest he limits himself to a more modest aspiration. He hopes that philosophers may come like scientists to speak a common language, to formulate common problems and to appeal to a common realm of fact for their resolution. Above all he desires to get rid of the philosophical monologue, and of the lyric and impressionistic mode of philosophizing. And in all this he is prompted not by the will to destroy but by the hope that philosophy is a kind of knowledge, and neither a song nor a prayer nor a dream. He proposes, therefore, to rely less on inspiration and more on observation and analysis. He conceives his function to be in the last analysis the same as that of the scientist. There is a world out yonder more or less shrouded in darkness, and it is important, if possible, to light it up. But instead of, like the scientist, focussing the mind's rays and throwing this or that portion of the world into brilliant relief, he attempts to bring to light the outlines and contour of the whole, realizing too well that in diffusing so widely what little light he has, he will provide only a very dim illumination.
Ralph Barton Perry, The Present Conflict of Ideals: A Study of the Philosophical Background of the World War (1918)
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