法社会学
Online ISSN : 2424-1423
Print ISSN : 0437-6161
ISSN-L : 0437-6161
論説
内在性と批判性
規範的法社会学のために
佐藤 憲一
著者情報
ジャーナル オープンアクセス

2013 年 2013 巻 79 号 p. 190-216

詳細
抄録
Do you remember the question “why must not kill a person?” There were almost no those who were successful although many commentators tried to answer to this question. The cause is that there were few people noticing that this question is issued within the moral language game. We think that things can often be considered from the outside of society, but it is impossible. Human beings are essentially inherent in society. “There is a law when there is a society.” There is always law with society. Law is also essentially inherent in society. This is the “living law” which makes social order possible. The modernistic thought denies the internality of law and thinks that the transcendental modern law theoretically makes real social order possible. This is a model to the last, and there is disagreement with the reality. The sociology of law critiques the modernistic law model which contradict reality. The sociology of law is not only an empirical study but also a theoretical and practical study. The sociology of law considers the existential structure of law, and searches the way law should be. The features of the normative sociology of law are internality and criticality. The sociology of law is inherent in society and criticizes the modern law.
著者関連情報
2013 日本法社会学会
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