Legal Disintegration and a Theory of the State

2011 ◽  
Vol 12 (1) ◽  
pp. 186-205
Author(s):  
William H. Clune
Keyword(s):  
Political Economy ◽  
Social Construction ◽  
The State ◽  
Social Conditions ◽  
Component Part ◽  
Legal Practice ◽  
Social Construction Of Reality ◽  
Legal Thought ◽  
The Social

This paper describes a topology of legal thought and the social conditions (the larger social construction of reality) of which that topology, that thought, is a component. Part I is a description of the structure of legal thought; Part II of the social conditions (a theory of the state, or political economy). The Conclusion considers the place of traditional legal practice on a new landscape.

scholarly journals Sociology as Scientific Knowledge

2019 ◽  
Vol 9 (3) ◽  
pp. 178-184
Author(s):  
Sandro Serpa ◽  
Carlos Miguel Ferreira
Keyword(s):  
Literature Review ◽  
Social Construction ◽  
Social Order ◽  
Social Dynamics ◽  
Position Paper ◽  
Social Conditions ◽  
Scientific Representation ◽  
Complete Understanding ◽  
Social Construction Of Reality ◽  
The Social

Abstract Sociology is a science with specificities and which can potentially offer a more rigorous knowledge about reality. The goal of this position paper is, by means of a thorough literature review, to contribute to demonstrating the urgency of using a sociological stance in a more complete understanding of the social, as well as of Sociology itself as a science. It is concluded that Sociology, a multi-paradigmatic science, seeks to articulate macro-social dynamics with local processes, allowing to connect the subjective significances with the practices, and which focus on the articulations between systems and actors, between structures and practices, between the reality of the social conditions of existence, and the social construction of reality. As an implication, Sociology as a scientific representation and practice of the social, can be cumbersome by helping to dismantle commonly shared preconceived ideas about the instituted social order.

The Social Construction of a Perfect Market: The Strawberry Auction at Fontaines-en-Sologne

2010 ◽  
pp. 73-89
Author(s):  
M.-F. Garcia
Keyword(s):  
Economic Theory ◽  
Social Construction ◽  
Empirical Study ◽  
Spatial Organization ◽  
Frame Of Reference ◽  
Social Conditions ◽  
Invisible Hand ◽  
The Social ◽  
Per Se

The article examines social conditions and mechanisms of the emergence in 1982 of a «Dutch» strawberry auction in Fontaines-en-Sologne, France. Empirical study of this case shows that perfect market does not arise per se due to an «invisible hand». It is a social construction, which could only be put into effect by a hard struggle between stakeholders and large investments of different forms of capital. Ordinary practices of the market dont differ from the predictions of economic theory, which is explained by the fact that economic theory served as a frame of reference for the designers of the auction. Technological and spatial organization as well as principal rules of trade was elaborated in line with economic views of perfect market resulting in the correspondence between theory and reality.

Prophets and Profits of Racial Science

2018 ◽  
Vol 5 (1) ◽  
Author(s):  
Ruha Benjamin
Keyword(s):  
Political Economy ◽  
Social Construction ◽  
Precision Medicine ◽  
Group Differences ◽  
Racial Science ◽  
The Social ◽  
The Relationship ◽  
Racial Ethnic

In this response to Terence Keel and John Hartigan’s debate over the social construction of race, I aim to push the discussion beyond the terrain of epistemology and ideology to examine the contested value of racial science in a broader political economy. I build upon Keel’s concern that even science motivated by progressive aims may reproduce racist thinking and Hartigan’s proposition that a critique of racial science cannot rest on the beliefs and intentions of scientists. In examining the value of racial-ethnic classifications in pharmacogenomics and precision medicine, I propose that analysts should attend to the relationship between prophets of racial science (those who produce forecasts about inherent group differences) and profits of racial science (the material-semiotic benefits of such forecasts). Throughout, I draw upon the idiom of speculation—as a narrative, predictive, and financial practice—to explain how the fiction of race is made factual, again and again. 

Theoretical and methodological determinants of the Robert von Mol’s concept of the social state

2020 ◽  
Vol 2020 (1) ◽  
pp. 37-45
Author(s):  
Svetlana Pirozhok
Keyword(s):  
19Th Century ◽  
Rule Of Law ◽  
Social Protection ◽  
The State ◽  
Scientific Article ◽  
Social State ◽  
The Rule Of Law ◽  
Legal Thought ◽  
The Social ◽  
The 19Th Century

The relevance of determining the theoretical and methodological determinants of the Robert von Moll’s concept of the social state is due to the need to determine the patterns of evolution of ideas about the state and law, as well as the need to assess the ability to use the potential of the Robert von Moll’s theoretical and legal heritage, his predecessors and contemporaries to identify the optimal model of the social state. Modern Russia attempts to build such state. The proclamation and consolidation of Russia as a social state governed by the rule of law at the constitutional level requires attention both to the experiments carried out in social and legal development, and to the practices of social reform, and also to those ideas that have not yet been embodied. The ideas of European scholars regarding the evolution of the state-legal organization of society in the early modern period, based on which Robert von Mohl (1799–1875) developed original concepts of a social state and a state governed by the rule of law are discussed in the article. An analysis of the state of European political and legal thought and identification of the factors that have a significant impact on the development of Robert von Mohl’s doctrine of a social state governed by the rule of law are the purposes of the scientific article. The methodological basis of the study was the dialectical-materialistic, general scientific (historical, systemic) and special (historical-legal, comparativelegal) methods of legal research. The method of reconstruction and interpretation of legal ideas had great importance. As a result of the study, it was concluded that in the first half of the 19th century in European political and legal thought various approaches was formed to consider the problems of social protection and how to resolve them. The development trend of European political science became the transition from ideas and principles formed in the conditions of police states and enlightened absolutism to the ideas of a state governed by the rule of law (constitutional) that protects the rights and freedoms of a citizen. At the same time, it was a question of the rights and freedoms of only a part of the population: the proletariat growing in number and significance was not always evaluated as an independent social stratum. The axiological principles of state justification have also changed. Rights and utility principle became dominant principles. In the first half of the 19th century the social issue as an independent scientific problem of the European political and legal thought was not posed and not systematically developed. Questions about the social essence of the state, the specifics of the implementation of the state social function, the features of public administration in the new stage of socio-economic development of society predetermined the emergence of the idea of a social state. This idea was comprehensively characterized in the Robert von Mohl’s works. He went down in the history of political and legal thought as founder of the concepts of social and governed by the rule of law state.

scholarly journals Dialektika Masyarakat Baduy dalam Memaknai Realitas Pemilihan Umum 2014

2014 ◽  
Vol 17 (2) ◽  
pp. 89-102
Author(s):  
Karman Karman
Keyword(s):  
Social Construction ◽  
General Election ◽  
Social Adaptation ◽  
Adaptation Process ◽  
Social Construction Of Reality ◽  
The Social ◽  
General Elections ◽  
Research Show

Baduy Community is very obedient to local rules/custom, e.g. lunang (sundanesse to express obedience to whoever the winner), and ngasuh rati, ngayak menak. Surprisingly, the voter number in Baduy have increased from 2013 to 2014. They have their own mechanism in determining leader, that is by deliberation among customary figures. The social-political changes make-up the result of their construction change toward reality. The issue in this study is how Baduy community (re-)construct general election. This one aims to understand Baduy’s  construction to electoral activities, their understanding to the obligation to participate in election, and the adaptation process of different realities (reality in Baduy and Reality in external). By harnessing the Social Construction of Reality introduced by Berger, and Social Adaptation System introduced by Giddens, this research show Baduy objectifies and participates in general elections as an obedience to the customary rules. Understanding about obligations to participate in election is legitimized by customary institution, regarding dualism of different structure, they must adapt theirselves to different realities.

scholarly journals Avatar Creation: The Social Construction of “Beauty” in Second Life

2017 ◽  
Vol 95 (3) ◽  
pp. 607-624 ◽  
Author(s):  
Hailey L. Mills
Keyword(s):  
Social Construction ◽  
Second Life ◽  
Virtual Community ◽  
Community Research ◽  
Social Construction Of Reality ◽  
Still Images ◽  
Socially Constructed ◽  
The Social ◽  
Significant Difference ◽  
Ideal Body

Rooted in the theory of Social Construction of Reality and informed by media portrayal of female beauty and virtual community research, this study examined how beauty is socially constructed by gatekeepers in Second Life. A content analysis of 360 still images of female avatars was conducted to understand the extent to the beauty types that appear in the virtual world. Findings suggest trendy and sex kitten/sensual beauty types were the most-portrayed beauty types. Most female avatars had the ideal body size and light colored skin. In addition, this study found a significant difference in beauty type among different types of products.

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