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Legal confidentiality, an integral aspect of European legal culture and legal services, plays a pivotal role in safeguarding the trust and privacy of professional-client relationships. This study focuses on the multifaceted dimensions of legal secrecy, particularly within the context of commercial lawyers in the European legal services market, using Polish legal advisers as an exemplar. The research explores evolving attitudes, expectations, and perceptions of legal secrecy amidst dynamic legal changes and discrepancies in interpretations among lawyers, public authorities, and citizens.A comprehensive mixed-method approach was used, including surveys, structured in-depth interviews, content analysis, and desk research, to investigate the diverse facets of legal secrecy. Findings reveal that while legal secrecy remains highly esteemed, its interpretation varies significantly across national and EU laws and among stakeholders. There are a multitude of types of legal secrecy, creating confusion and opportunities for public authorities to breach confidentiality.The study underscores the critical need for standardisation and unification of legal secrecy across European countries to enhance cross-border legal services, streamline justice systems, and bolster citizen protection. It emphasises that despite legal and societal changes, the fundamental essence and importance of legal secrecy in upholding democracy, justice, and trust remain steadfast. [ABSTRACT FROM AUTHOR]

This paper aims to map the possibilities of adopting social systems theory in order to couple three usually isolated domains: social theory, jurisprudence and empirical research. It argues that these different uses would be the distinctive legacy of Luhmann’s work for legal research. The text suggests that investigations interested in adopting a systemic approach for discussions in each of these three domains (or in all of them) should focus on the entanglement among interactional, decisional and functional systems. However, this presupposes some enhancements in Luhmann’s own description of law as a social system. The core hypothesis presented here is that a functional system’s out-differentiation (its specialisation in face of other communications happening in the societal environment) depends on the inner-differentiation of this system – that is, on operations backed by the very construction of specific functional-systemic institutions and semantics (including decisional programs and self-descriptions).

Combating corruption, ordering business practices and regulating the use of artificial intelligence are but some of the challenges of today’s society that socio-legal research engages with. These challenges are often transnational in their character, calling for an analytical toolbox fit to examine phenomena that transcend space and time. Niklas Luhmann’s systems theory offers such a toolbox to examine complicated communicative practices in today’s globalised world. This Special Issue brings together junior and senior socio-legal researchers from the Global South and the Global North who illustrate and exemplify how Luhmann’s systems theoretical framework can be applied and theoretically discussed with the purpose of analysing socio-legal issues of relevance for the world of today. This article first introduces the motivation and aim of the Special Issue. Then, the article introduces key concepts of Niklas Luhmann’s systems theory and sociology of law, followed by a presentation of the articles that constitute the Special Issue.

This article highlights a curious lack of diversity within the proliferating discourse about the lack of diversity in international arbitration. There is hardly any awareness or at least sustained discussion about the limited diversity of professional backgrounds, and more specifically, the dominance nowadays of those with practicing lawyer positions or primary careers across the key groups and publication outlets for international arbitration. Yet this encroachment of lawyers was still being contested in the 1990s, as being linked to burgeoning costs and delays, and such "formalisation" has been re-emerging in recent years. Diversifying the world of international arbitration to involve more nonlawyers, including academics, could promote various other objectives, too, as outlined in Part I. This article, therefore, empirically analyses how lawyers have come to dominate key nodes of influence across international commercial arbitration and the overlapping, more controversial field of investor-state arbitration. Part II looks at key general associations or organizations promoting international arbitration, including their leadership and presenters at symposiums. Part III focuses on various arbitration centres globally, which actually administer cases. Part IV examines contributions to some key arbitration journals, an influential book series, and a widely-read Blog. The conclusion reiterates that restoring more non-lawyers in the world of international arbitration should help not only to reduce formalisation and inefficiencies in international arbitration, but also have various other salutary effects, including potentially improving gender diversity. [ABSTRACT FROM AUTHOR]

Debt-based trade and economic exchanges are becoming more and more widespread in the context of post-Soviet Central Asian societies. In the absence of viable state economic support, a functional banking system, and an effective legal system, trust-based economic exchanges serve as an alternative means for conducting micro-level businesses in Central Asia. The phenomenon of "rassiychilar," which is the central focus of this article, is one of the intriguing examples of debt-based trade in rural Fergana, Uzbekistan. This debt-based trade involves a myriad of informal economic exchanges among various actors, locally and transnationally. The article argues that trust-based economic networks and debt-based trade serve as an alternative means of doing business in rural post-socialist contexts characterized by legal uncertainty, rampant corruption, and an inefficient economic and banking system. [ABSTRACT FROM AUTHOR]

Copyright of Turkish Journal of Security Studies / Güvenlik Calışmalari Dergisi is the property of Turkish National Police Academy and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article seeks to grasp the legal category of international child abduction through the conceptual lens of trust, from the standpoint of judges. In a more ambitious way, we delve into the relationship between law and trust in the context of the transnationalisation of family law. Going beyond the legal principle of mutual trust, we propose a solid conceptualisation of the notion of trust drawn from sociological theory and we analyse the issues that arises for judges both at the institutional and interactional levels. At the institutional level, we show how trust operates as a procedural mechanism that allows cooperation in the absence of explicit moral consensus, whilst at the interactional level, we demonstrate that trust is imbued with ethical value and pushes judges to be more open to foreign laws and culture. Este artículo trata de comprender la categoría jurídica de la sustracción internacional de menores a través de la lente conceptual de la confianza, desde el punto de vista de los jueces. De forma más ambiciosa, profundizamos en la relación entre derecho y confianza en el contexto de la transnacionalización del derecho de familia. Más allá del principio jurídico de confianza mutua, proponemos un concepto de confianza extraído de la teoría sociológica y analizamos las cuestiones que se plantean a los jueces tanto a nivel institucional como interaccional. En el plano institucional, mostramos cómo la confianza funciona como un mecanismo procesal que permite la cooperación en ausencia de un consenso moral explícito, mientras que, en el plano interaccional, demostramos que la confianza está imbuida de valor ético y empuja a los jueces a estar más abiertos a las leyes y la cultura extranjeras.

Critical race theory is used to investigate the literature on victimhood and subtle and blatant prejudice in law enforcement. In the current contextual climate, the phenomenon of discrimination is explored through a sociology of law to discuss the theoretical and practical implications of justice practitioners on society. Discrimination based on gender, racial bias, ethnicity/religion, and other sociocultural markers of difference is an ongoing process which must urgently be considered and treated as a structural concern in society and distinctly, in legal frameworks embedded as police and victim paradigms. The diffusion of fear and stereotypes of a constructed ‘other’ has been pronounced since historical narratives until the contemporary moment to portray power imbalances and victim-blaming attitudes which reinforce favouritism of certain identities and silence others. Discourses of (dis)empowerment are perpetuated in knowledge apparatus which produce and subject the ‘other’ into a category of inferiority evident in judgments of crime. Racism and the perpetuity of racist discourses are in this way critically redressed to reveal the significance of multidisciplinary approaches in socio-legal frameworks and the interwoven potentials of justice to protect all identities as human beings.

The phenomenon of popularisation of alternative methods of conflict resolution is widespread in Poland, both at the state and self-government levels. Combining the interdisciplinary achievements of practice and doctrine, numerous projects and programmes are being developed to encourage parties and professional lawyers to use mediation in the process of dispute resolution. However, on the basis of statistical data showing the use of judicial mediation in cases where it could have been used at a level of 1.6%, it should be concluded that there is still a long way to go before mediation becomes a ‘fully-fledged’ method of conflict resolution, constituting a viable alternative to the traditional adjudicative method of dispute resolution. The purpose of the article is to present the results of empirical research conducted by the authors within the framework of scientific activities related to the implementation of the assumptions of the Academic Mediation Centre operating at the Institute of Legal Sciences of Maria Curie-Skłodowska University (Lublin). The article consists of three parts. The first one presents the subject, scope and objectives of the research, as well as the research hypotheses and methodological details. The second part presents the results of the empirical research conducted and the partial conclusions. The last part is a summary of the conclusions of the research carried out.

The methodology of legal science in Latin America has common features with the global trends in the development of the methodology of legal research; at the same time, there are features of the development of legal thought and legal understanding that have a cultural and historical nature. The purpose of the study is to consider certain areas of the methodology of Latin American legal science. Philosophical and legal thought in Latin America develops within the framework of jusnaturalism and positivism and various variants of these theories. Latin American legal science is characterized by an appeal to customary Indian law, and its elements are included in the current legal systems of Latin American countries (legal pluralism). In the focus of the Latin American legal doctrine, law appears as a social phenomenon, a cultural phenomenon and part of social philosophy. The development of information technologies, their introduction into lawmaking and legal proceedings, the creation of machine-readable law raises the question of further ways of developing law and legal thought in two areas - technical improvement and traditional reflection on social processes in the humanitarian science.

This article analyses the understanding of legal modernization in the sociology of Islamic law in Muslim countries regarding Islamic family law in Indonesia. The theory of legal modernization arises from the long history of Islamic legal theory since the Dutch era related to the enactment of Islamic law, both in terms of the struggle between customary law, Islamic law, and state law. The work for the emergence of legal theories such as Receptie theory becomes a filter for Islamic law in its application to Muslim communities in Indonesia. The results of this study indicate that the modernization of law in the form of KHI applies to the Indonesian Muslim community and requires the nation to be more mature in responding to modernity. However, there is an intersection between modernization and legal secularisation in the Islamic world, such as in Turkey, Egypt, Sudan, and Syria. Legal modernization from fiqh towards positivisation has given birth to formulations in Islamic family law in the form of sociological dynamics in contemporary Indonesian Islamic society.

Copyright of Zeitschrift für Rechtssoziologie is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Via Inveniendi et Iudicandi is the property of Universidad Santo Tomas and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Austral de Ciencias Sociales is the property of Facultad de Filosofia y Humanidades, Intituto de Ciencias Sociales, Universidad Austral de Chile and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Aiming to ensure a responsive and socially relevant approach to court cases, judiciaries have initiated innovative projects, such as problem-solving community courts, over the last three decades. In this socio-legal case study, I analyse the legal transplantation of a community court from the US to the Netherlands. Drawing on eighteen months of ethnographic field work (interviews, observations and file research), the study shows that, during the transplantation process, the goal of serving the neighbourhood receded into the background, while the goal of solving the problems of defendants gained even more prominence than it already had at the inception of the court. The conditions that have played a role in the path that the court has carved out to legitimise its activities differ from its American counterparts. The adjustments signify important internal legal cultural differences and illustrates how the implementation process is formed by opinions about the proper role of judges. [ABSTRACT FROM AUTHOR]

This article introduces the concept of 'coloniality of anti-corruption' to help situate and describe contemporary US anti-corruption policies aimed at Puerto Rico. The aim of the concept of coloniality of anti-corruption is to underscore corruption's inextricable relationship to race, class, gender, and other colonial power relations. The article argues that US interventions with the Puerto Rican government, along with its distribution of disaster relief in the wake of Hurricane María (2017) and subsequent earthquakes (2020), are best understood against the backdrop of a long history of corruption narrative implemented by the US. This is a narrative that seeks to legitimate US's colonial and capitalist expansion in Puerto Rico. To demonstrate this, the article explores the application of anti-corruption narratives by the Trump administration to justify its disaster relief policies for Puerto Rico. In particular, the article focuses on Trump's tweets describing Puerto Rican politicians as 'corrupt' and Puerto Rico as 'geography of fraud.' In doing so, the article provides a theoretical account of the uses of corruption and anti-corruption discourses to justify colonial and capitalist's global endeavors. It also illustrates how anti-corruption policies reproduce the idea of the non-white other as the corrupt subject and denotes the humanitarian consequences of such policies. [ABSTRACT FROM AUTHOR]

The phenomenon of youth gangs -- which manifested itself significantly in America after the crisis of the 1930s -- has also spread to Europe and Italy in the following decades, arousing considerable attention among sociologists. The aim of this article is to briefly outline the social causes at the origin of this phenomenon and to investigate the account itself of youth gang, identifying the necessary and sufficient characteristics that the activities put in place by a group of boys must have in order to qualify as a gang. To this end, I analyse and compare the studies and positions of various sociologists -- not coeval -- such as Frederic M. Trasher, Albert K. Cohen and Franco Prina. The analysis induces to hypothesize for this complex phenomenon a multifactorial genesis that require a punctual case-by-case study. [ABSTRACT FROM AUTHOR]

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Objective: to determine the possibility of professional legal activity automation and to identify the limitations that in a democratic society are associated with the use of software capable of generating effective legal solutions in conflict situations.Methods: the conducted empirical research is based on the methodology of social sciences, sociology of law, principles of communicative and communicational theories of law, and formal-legal analysis of legal documents.Results: the paper presents examples of functioning of computer systems that imitate some specific aspects of human intelligence in decision-making. The concept of algorithm and the main characteristics of tasks performed by artificial intelligence systems are defined. The relevance, methods and achievements of sociology of law are outlined, which underlie the systems or computer programs helping to resolve legal conflicts. It is found that the research tools developed as a methodology within the sociology of law since its emergence will be more widely used in the future, due to the growing use of information and communication technologies in legal activities. It is shown that in the administration of justice it is impossible to generate solutions only on the basis of artificial intelligence, since law and the process of making legal decisions on its basis has more complex characteristics in a democratic society. It is emphasized that obtaining the desired legal result is not limited to the processes of algorithmization, categorization or formal exegetics of legal texts. It rather consists in understanding and thinking in accordance with the accepted values, meanings, evaluative criteria, strategies, perspectives, etc.Scientific novelty: the article reveals the significance of the principles of communicative and communicational theories of law under the development of information and communication technologies in legal activity. The main limitations of the use of artificial intelligence in legal activity and, in particular, in justice are identified.Practical significance: the formulated provisions help, while improving legal regulation, to avoid insufficiently justified decisions on the automation of law enforcement, as well as to take into account the increasing importance of the principles of communicative and communicational theories of law in such types of legal activities as creation, interpretation and application of laws.

In the age of globalisation, alternative forms of dispute resolution (ADR) are gaining new importance. In Poland, an increasing number of mediations and arbitrations in international (cross-border) cases are being observed. However, the number and importance of international ADR in Poland is much lower than in other European countries. Polish advocates and legal advisers, experienced in conducting international arbitration and mediation, explain the Polish specificity, genesis, and perspectives of ADR in international disputes. The comparison of lawyers’ experiences with the collected data thoroughly describes the state of out-of-court forms of dispute resolution in these types of situations. The study, based on interviews with Polish jurists, statistical data analysis, and an analysis of nonreactive materials, demonstrates the far-reaching deficiencies and problems of the Polish system of alternative dispute resolution in transnational cases.

The hotel, restaurant, café, and catering (HoReCa) sector has witnessed remarkable growth, particularly in Europe. However, this growth is accompanied by operational disparities in adhering to Occupational Safety and Health (OSH) regulations within the Polish catering industry. Rooted in the sociological paradigm of law and legal realism, this research delves into the divergence between Polish, European Union, and international labour laws, and the practical sociological dynamics within Polish catering establishments. Employing qualitative methods such as interviews, observations, and content analysis, our study identifies pressing challenges in OSH and labour regulations adherence. We aim to elucidate the ramifications for service quality and advocate for legislative enhancements. Our findings underscore that economic considerations often dictate the selective enforcement of standards, leading to legal violations, customer dissatisfaction, and workplace predicaments. This study also reveals the complicity of employees in these situations and the complexity of regulatory overload. It underscores the urgency of comprehensive legislation tailored to the specific needs of the Polish HoReCa sector, encompassing labour law, EU regulations, and international labour law. Furthermore, education, training, strengthened supervision, and employee involvement are deemed essential to foster compliance and create a safer, more customer-friendly environment.

Copyright of Acta Universitatis Lodziensis. Folia Luridica is the property of Wydawnictwo Uniwersytetu Lodzkiego and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

"Islamic Law" is a relatively new concept for Muslims. This concept provides a new formulation of Islamic jurisprudence. One of the main platforms for the formation of this concept is the ideas of the Orientalists. Joseph Schacht is one of the orientalists who has specifically explained what "Islamic law" is. What Schacht has done is the creation of "Islamic law". "Islamic law" in Schacht’s thought is the product of reappraisal of jurisprudence in the framework of historical sociology. The question of the current article is: What challenges does this new formulation face in terms of validity and reliability in explaining jurisprudence? The present article is an attempt to explain the development of this new matter in the three areas of methods, sources and issues in Schacht’s thought (theory, approach and research processes) and a glance at some of its weaknesses in explaining jurisprudence. To seek answers, the present paper has used the descriptiveanalytical method. [ABSTRACT FROM AUTHOR]

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PurposeChanging from "People" to "society" requires a unity of interests and a nation that connects the building blocks of the Iranian people. The present paper concerns the relationship between social changes and public law. The sociological approach to law by deepening the social roots of laws, links "theories" to "facts". Therefore, this article can be classified under interdisciplinary studies of law and sociology. This study goes beyond the traditional classification of public law in the areas of constitutional law, administrative law, financial law, and labor law and can be categorized under the field of socio-legal Studies.The purpose of the paper is to show how the sociology of law affects the theory of state, as a multidisciplinary field of study.Design, Methodology, and ApproachThis article is a library-oriented study in terms of the method of data collection, and descriptive-explanatory-prescriptive in terms of research method.The method of data collection in this research is library research, and the data obtained has been studied through descriptive and explanatory methods with an interdisciplinary approach. Interdisciplinary studies are currently a hot topic in legal academia and we must differentiate between the four types in which the sociological approach to law has been classified as disciplinary, interdisciplinary, multidisciplinary, and Transdisciplinary studies. In the author’s view, public law and sociology are strongly interconnected but we can speak about the possibility of the sociology of law being multidisciplinary. In our paper, we illustrate that different methods can be used in the research of law and legal concepts, and how the methodology of controversial issues and debates in sociology is relevant to the study of law.Therefore, the article can be classified under interdisciplinary studies of law and communication.FindingsBased on the results of this article, the most important characteristic of a co-benefit society for citizens is that a sense of belonging and membership in the society is created and the main legal advantage of a government overseeing it is in its capacity and ability to solve problems. we must first appreciate that law does not generally influence individual behavior in a vacuum, devoid of social context. Instead, how people interact with the law is usually shown in their social life. Evidence from different studies demonstrates that, if we insist on the systematic imposition of values in a diverse society, we create dualities, numerous conflicts, and contradictions, and we will produce many social problems. Consequently, we will send a message to society which indicates the incompetence and inefficiency of the government. In fact, the value of the government is in its ability to efficiently manage conflicts that result from contrasting moral plans.The understanding of the state and theories of state should be firmly grounded in their social context. The state, being an artificial construct, has emerged from a complex interplay of diverse attitudes, beliefs, and values held by individuals. By recognizing the state as a product of human society, we can unveil a profound connection between its "man-made nature" and the underlying "theory of state."Against this background, in this article, I will try to use a socio-legal approach to explain “Pluralistic Society” as the social context of the formation of the democratic state. The use of the sociology of law is because it describes social changes and explains relationships with legal structures, norms, and mechanisms in the search of achieving utopia.this study finds that changes in social values and attitudes inevitably lead to irreversible plurality which is just the situation in the Contemporary Iran. Iran is so diverse in different aspects, meaning that, it has a society that gives different answers to similar questions. The desirable reaction to this cultural diversity should be tolerance and respect for different values because the changes in “citizens' beliefs” form sociocultural forces that shape democracy. Just as many social evolutions in Iran after the Islamic Revolution have arisen from changes in the social forces shaped by the public opinion. Therefore, as long as social changes gravitate toward diversity, we can hope that the best is yet to come.Originality and ValueThis article has reviewed some of the empirical and theoretical research on social norms and law and is one of the first attempts to address the role of social change in the formation of law in contemporary Iran. it has tried to provide a basic understanding as it examines the interplay between social norms and the enforcement of laws.

El presente trabajo tiene por objetivo reflexionar sobre la Sociología Jurídica como disciplina, a partir de sus conceptualizaciones, campos de estudio y principales enfoques teóricos. Aborda desde un enfoque crítico el estudio del Derecho como fenómeno social, y su comprensión desde los enfoques sociales en los que opera y de los significados que los sujetos construyen a partir de sus normas. Igualmente revisa las principales y diversas explicaciones teóricas acerca del Derecho de los clásicos autores de la Teoría Sociológica. Lejos de concluir que esta diversidad teórica es contradictoria o confusa en los análisis del Derecho y del sistema jurídico, debemos admitir que –por el contrario– la perspectiva sociológica es multiparadigmática y transitarla propone un interesante desafío. The objective of this paper is to reflect on Sociology of Law as a discipline, based on its conceptualizations, fields of study and main theoretical approaches. From a critical focus, it approaches the study of Law as a social phenomenon, and its understanding from the social approaches in which it operates and from the meanings that subjects construct from its norms. Likewise, it reviews the main and diverse theoretical explanations of Law by the classic authors of Sociological Theory. Far from concluding that this theoretical diversity is contradictory or confusing in the analysis of Law and the legal system, we must admit that – on the contrary – the sociological perspective is multi-paradigmatic and going through it poses an interesting challenge. Available from: https://doi.org/10.35295/osls.iisl/0000-0000-0000-1359

The article presents a socio-legal analysis of the Legislative Decree (Lgs.D.) of 10 October 2022, n.150, implementing the law of 27 September 2021, n.134 (so-called “Cartabia reform”), which provides for the introduction in Italy of a comprehensive framework regulation of restorative justice. The central theme of this paper is precisely the conflict connected to a crime, the offender-victim relationship and restorative justice in the light of the aforementioned decree. As Luhmann observes, the omnipresence of conflicts in society is self-evident. Even the crime produces a conflict or, at times, is the extreme expression of a pre-existing and sometimes latent conflict. The problem that arises is, therefore, that of the control and management of conflicts. These are usually managed by the law, but, given its limitations, it is increasingly necessary to encourage the use of restorative justice programs. On an interpersonal level, conflict triggers a negative mechanism of hostility and disavowal of the other, which either wraps itself in an explosive vortex, or deviates, becoming the pretext for abandoning the only form of communication that conflict makes possible, as Luhmann observes, the one based on “no”. The Italian regulatory intervention certainly appears relevant, albeit with some critical issues, and to be kept under observation for future application developments.

France, with its approach to managing religion known as laïcité, has been almost unique among Western nations in its approach to religious freedom for minority religious groups and movements. In recent decades it has passed widely criticized laws in efforts to implement a program of social control over such groups, including both new religious movements (NRMs) as well as older religious groups that have functioned in France for many decades. Examining why and how this has happened helps reveal how religious freedom can be curtailed in a modern Western society using the legislative process and the law. We apply theories from the sociology of law offered by Donald Black and by William Chambliss, as well as other relevant ideas, to understand how the situation developed in France. Black's concepts of status and intimacy are particularly useful, as is Chambliss' dialectic approach to law, which emphasizes human volition in lawmaking. Chambliss focuses on how societies develop resolutions to resolve dilemmas as they attempt to resolve conflicts that arise from contradictions in how society functions. The role of courts in such situations will also be addressed. We conclude that the liberalistic and humanitarian national motto ("liberté, égalité, fraternité") of the French Republic does not necessarily lead to the non-discrimination and non-persecution of new religious movements and other nontraditional religious groups. We also conclude that the resolution obtained with the About–Picard law was, as predicted by Chambliss, not a final one, and that dilemmas continue to exist about how to address concerns about religious groups in French society. [ABSTRACT FROM AUTHOR]

By employing the lens of the sociology of law, this research analyzes how the historical events in the first half of the 20th century have influenced the shape of contemporary Polish legal practise. By utilising qualitative in-depth interviews, insights were gathered from seasoned Polish legal professionals, many of whom had embarked on their careers in the period of People’s Republic of Poland or during the transformation in the 1990s. Their testimonies not only shed light on the evolution of the way lawyers’ work but they also emphasize the intricate interplay between societal structures and the application of law today and in the past. The study reveals an inextricable link between the socio-political context of the past and the present-day legal framework, ethics, and lawyers’ practice, thus highlighting the necessity of integrating the perspective of the sociology of law in modern legal practice. [ABSTRACT FROM AUTHOR]

Copyright of Sosyologca is the property of Sosyologca and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article analyses the understanding of legal modernization in the sociology of Islamic law in Muslim countries regarding Islamic family law in Indonesia. The theory of legal modernization arises from the long history of Islamic legal theory since the Dutch era related to the enactment of Islamic law, both in terms of the struggle between customary law, Islamic law, and state law. The work for the emergence of legal theories such as Receptie theory becomes a filter for Islamic law in its application to Muslim communities in Indonesia. The results of this study indicate that the modernization of law in the form of KHI applies to the Indonesian Muslim community and requires the nation to be more mature in responding to modernity. However, there is an intersection between modernization and legal secularisation in the Islamic world, such as in Turkey, Egypt, Sudan, and Syria. Legal modernization from fiqh towards positivisation has given birth to formulations in Islamic family law in the form of sociological dynamics in contemporary Indonesian Islamic society. [ABSTRACT FROM AUTHOR]

That Weber's essay on Stammler provides insights and concepts for the sociology of law is self-evident. In the following we will examine whether this is also true of his epistemology as a whole. First, we will present Stammler's basic assumptions, which are in part contradictory (because they confuse being and ought to be), on the basis of Sinzheimer, following Coutu (2013). We refer to Sinzheimer because he presents the main criticisms of Stammler in a clear and pertinent way, which is confirmed by a reading of Stammler's Wirtschaft und Recht. We then make a brief detour via Heinrich Popitz's 1980 study Die normative Konstruktion von Gesellschaft. Finally, we extend the significance of Stammler's critique of Weber's sociology of law, highlighted by Coutu (2013), to other components of his theory of science. [ABSTRACT FROM AUTHOR]

Copyright of Societá Mutamento Politica is the property of Firenze University Press and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)