147-410: In law , a presumption is an " inference of a particular fact ". There are two types of presumptions: rebuttable presumptions and irrebuttable (or conclusive) presumptions. A rebuttable presumption will either shift the burden of production (requiring the disadvantaged party to produce some evidence to the contrary) or the burden of proof (requiring the disadvantaged party to show the presumption
294-401: A constitution , written or tacit, and the rights encoded therein. The law shapes politics , economics , history and society in various ways and also serves as a mediator of relations between people. Legal systems vary between jurisdictions , with their differences analysed in comparative law . In civil law jurisdictions, a legislature or other central body codifies and consolidates
441-506: A criminal offence . The age has continually been under debate with adjustments being made in line with rulings, the results of psychological research and to some extent public pressure. The age was seven at common law , and raised by the Children and Young Persons Act 1933 to eight (section 50) and by the Children and Young Persons Act 1963 to ten, at which it remains. In the case of rape , if it
588-494: A degree in the subject. The classic brief definition of economics, set out by Lionel Robbins in 1932, is "the science which studies human behavior as a relationship between ends and scarce means which have alternative uses". Without scarcity and alternative uses, there is no economic problem . Briefer yet is "the study of how people seek to satisfy needs and wants" and "the study of the financial aspects of human behavior". Economics has two broad branches: microeconomics , where
735-625: A federal system (as in Australia, Germany or the United States) or different voting configuration in a unitary system (as in France). In the UK the upper house is appointed by the government as a house of review . One criticism of bicameral systems with two elected chambers is that the upper and lower houses may simply mirror one another. The traditional justification of bicameralism is that an upper chamber acts as
882-417: A parliamentary system , as with Britain, Italy, Germany, India, and Japan, the executive is known as the cabinet, and composed of members of the legislature. The executive is led by the head of government , whose office holds power under the confidence of the legislature. Because popular elections appoint political parties to govern, the leader of a party can change in between elections. The head of state
1029-652: A ruler ') is a set of ordinances and regulations made by ecclesiastical authority , for the government of a Christian organisation or church and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern Orthodox Church , the Oriental Orthodox Churches , and the individual national churches within the Anglican Communion . The way that such church law
1176-611: A science of society based on historical materialism , becoming recognized as a founding figure of sociology posthumously as the term gained broader meaning. Around the start of the 20th century, the first wave of German sociologists, including Max Weber and Georg Simmel , developed sociological antipositivism. The field may be broadly recognized as an amalgam of three modes of social thought in particular: Durkheimian positivism and structural functionalism ; Marxist historical materialism and conflict theory ; and Weberian antipositivism and verstehen analysis. American sociology broadly arose on
1323-440: A "common law" developed during the reign of Henry II during the late 12th century, when Henry appointed judges who had the authority to create an institutionalised and unified system of law common to the country. The next major step in the evolution of the common law came when King John was forced by his barons to sign a document limiting his authority to pass laws. This "great charter" or Magna Carta of 1215 also required that
1470-457: A "system of rules", as an "interpretive concept" to achieve justice, as an "authority" to mediate people's interests, and even as "the command of a sovereign, backed by the threat of a sanction". However one likes to think of law, it is a completely central social institution. Legal policy incorporates the practical manifestation of thinking from almost every social science and the humanities. Laws are politics, because politicians create them. Law
1617-451: A degree of autonomy as practitioners from various disciplines share similar goals and methods. The history of the social sciences began in the Age of Enlightenment after 1651, which saw a revolution within natural philosophy , changing the basic framework by which individuals understood what was scientific. Social sciences came forth from the moral philosophy of the time and were influenced by
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#17328519562971764-421: A diversity of research methods, collecting both quantitative and qualitative data, draw upon empirical techniques, and engage critical theory. Common modern methods include case studies, historical research , interviewing, participant observation , social network analysis , survey research, statistical analysis, and model building, among other approaches. Since the late 1970s, many sociologists have tried to make
1911-647: A foundation to practical social research. Durkheim set up the first European department of sociology at the University of Bordeaux in 1895, publishing his Rules of the Sociological Method . In 1896, he established the journal L'Année sociologique . Durkheim's seminal monograph, Suicide (1897), a case study of suicide rates among Catholic and Protestant populations, distinguished sociological analysis from psychology or philosophy. Karl Marx rejected Comte's positivism but nevertheless aimed to establish
2058-449: A heavy science basis, or heavy social science basis to their degree. If they applied to read the BA . for example, but specialized in heavily science-based modules, then they will still generally be awarded the BA . Sociology is the systematic study of society, individuals' relationship to their societies, the consequences of difference, and other aspects of human social action . The meaning of
2205-442: A house of review. This can minimise arbitrariness and injustice in governmental action. To pass legislation, a majority of the members of a legislature must vote for a bill (proposed law) in each house. Normally there will be several readings and amendments proposed by the different political factions. If a country has an entrenched constitution, a special majority for changes to the constitution may be required, making changes to
2352-889: A humanities-based subject is contested. In the United States the National Endowment for the Humanities includes history in its definition of humanities (as it does for applied linguistics). However, the National Research Council classifies history as a social science. The historical method comprises the techniques and guidelines by which historians use primary sources and other evidence to research and then to write history . The Social Science History Association , formed in 1976, brings together scholars from numerous disciplines interested in social history . The social science of law, jurisprudence, in common parlance, means
2499-602: A life of its own after World War II, influencing literary criticism and the Birmingham School establishment of cultural studies . Sociology evolved as an academic response to the challenges of modernity , such as industrialization , urbanization , secularization , and a perceived process of enveloping rationalization . The field generally concerns the social rules and processes that bind and separate people not only as individuals, but as members of associations , groups , communities and institutions , and includes
2646-440: A matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a legislature , resulting in statutes ; by the executive through decrees and regulations ; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. The creation of laws themselves may be influenced by
2793-479: A mutual contempt for one another, the former looking down on the latter as unscientific, the latter regarding the former as philistine . […] The difference comes down to the fact that social science really wants to be predictive, meaning that man is predictable, while the humanities say that he is not. The social science disciplines are branches of knowledge taught and researched at the college or university level. Social science disciplines are defined and recognized by
2940-517: A particular point in time), and a great deal of it—partly owing to the influence of Noam Chomsky —aims at formulating theories of the cognitive processing of language. However, language does not exist in a vacuum, or only in the brain, and approaches like contact linguistics, creole studies, discourse analysis , social interactional linguistics, and sociolinguistics explore language in its social context. Sociolinguistics often makes use of traditional quantitative analysis and statistics in investigating
3087-499: A people in detail, using biogenetic, archaeological, and linguistic data alongside direct observation of contemporary customs. In the 1990s and 2000s, calls for clarification of what constitutes a culture , of how an observer knows where his or her own culture ends and another begins, and other crucial topics in writing anthropology were heard. It is possible to view all human cultures as part of one large, evolving global culture. These dynamic relationships, between what can be observed on
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#17328519562973234-591: A process of reform, at least in terms of economic, if not social and political, rights. A new contract code in 1999 represented a move away from administrative domination. Furthermore, after negotiations lasting fifteen years, in 2001 China joined the World Trade Organization . In general, legal systems can be split between civil law and common law systems. Modern scholars argue that the significance of this distinction has progressively declined. The numerous legal transplants , typical of modern law, result in
3381-447: A rule that (unlike a rule of ethics ) is capable of enforcement through institutions. However, many laws are based on norms accepted by a community and thus have an ethical foundation. The study of law crosses the boundaries between the social sciences and humanities, depending on one's view of research into its objectives and effects. Law is not always enforceable, especially in the international relations context. It has been defined as
3528-610: A separate trajectory, with little Marxist influence, an emphasis on rigorous experimental methodology, and a closer association with pragmatism and social psychology . In the 1920s, the Chicago school developed symbolic interactionism . Meanwhile, in the 1930s, the Frankfurt School pioneered the idea of critical theory , an interdisciplinary form of Marxist sociology drawing upon thinkers as diverse as Sigmund Freud and Friedrich Nietzsche . Critical theory would take on something of
3675-455: A strong (or entire) scientific concentration, whereas a BA underlines a majority of social science credits. This is not always necessarily the case however, and in many UK institutions students studying the BPsy , BSc , and BA follow the same curriculum as outlined by The British Psychological Society and have the same options of specialism open to them regardless of whether they choose a balance,
3822-498: A theoretical structure. The development of social science subfields became very quantitative in methodology. The interdisciplinary and cross-disciplinary nature of scientific inquiry into human behaviour, social and environmental factors affecting it, made many of the natural sciences interested in some aspects of social science methodology. Examples of boundary blurring include emerging disciplines like social research of medicine , sociobiology , neuropsychology , bioeconomics and
3969-462: Is legislated , interpreted and at times adjudicated varies widely among these three bodies of churches. In all three traditions, a canon was originally a rule adopted by a church council ; these canons formed the foundation of canon law. The Catholic Church has the oldest continuously functioning legal system in the western world , predating the evolution of modern European civil law and common law systems. The 1983 Code of Canon Law governs
4116-495: Is a code of Jewish law that summarizes some of the Talmud's interpretations. A number of countries are sharia jurisdictions. Israeli law allows litigants to use religious laws only if they choose. Canon law is only in use by members of the Catholic Church , the Eastern Orthodox Church and the Anglican Communion . Canon law ( Ancient Greek : κανών , romanized : kanon , lit. 'a straight measuring rod;
4263-423: Is a relatively autonomous term, encompassing the work of practitioners from various disciplines that share in its aims and methods. Social scientists employ a range of methods in order to analyse a vast breadth of social phenomena; from census survey data derived from millions of individuals, to the in-depth analysis of a single agent's social experiences; from monitoring what is happening on contemporary streets, to
4410-493: Is a social science that seeks to analyze and describe the production, distribution, and consumption of wealth. The word "economics" is from the Ancient Greek οἶκος ( oikos , "family, household, estate") and νόμος ( nomos , "custom, law"), and hence means "household management" or "management of the state". An economist is a person using economic concepts and data in the course of employment, or someone who has earned
4557-458: Is a system of rules, divided into primary (rules of conduct) and secondary ones (rules addressed to officials to administer primary rules). Secondary rules are further divided into rules of adjudication (to resolve legal disputes), rules of change (allowing laws to be varied) and the rule of recognition (allowing laws to be identified as valid). Two of Hart's students continued the debate: In his book Law's Empire , Ronald Dworkin attacked Hart and
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4704-402: Is a very broad science that is rarely tackled as a whole, major block. Although some subfields encompass a natural science base and a social science application, others can be clearly distinguished as having little to do with the social sciences or having a lot to do with the social sciences. For example, biological psychology is considered a natural science with a social scientific application (as
4851-472: Is an "authority" to mediate people's interests. Oliver Wendell Holmes defined law as "the prophecies of what the courts will do in fact, and nothing more pretentious." In his Treatise on Law , Thomas Aquinas argues that law is a rational ordering of things, which concern the common good, that is promulgated by whoever is charged with the care of the community. This definition has both positivist and naturalist elements. Definitions of law often raise
4998-543: Is an academic and applied field involving the study of behaviour and mental processes. Psychology also refers to the application of such knowledge to various spheres of human activity, including problems of individuals' daily lives and the treatment of mental illness . The word psychology comes from the Ancient Greek ψυχή ( psyche , "soul" or "mind") and the suffix logy ("study"). Psychology differs from anthropology, economics, political science, and sociology in seeking to capture explanatory generalizations about
5145-540: Is an area that is offered at most undergraduate institutions. The word anthropos ( ἄνθρωπος ) in Ancient Greek means "human being" or "person". Eric Wolf described sociocultural anthropology as "the most scientific of the humanities, and the most humanistic of the sciences". The goal of anthropology is to provide a holistic account of humans and human nature. This means that, though anthropologists generally specialize in only one sub-field, they always keep in mind
5292-706: Is apart from the executive, and symbolically enacts laws and acts as representative of the nation. Examples include the President of Germany (appointed by members of federal and state legislatures ), the Queen of the United Kingdom (an hereditary office ), and the President of Austria (elected by popular vote). The other important model is the presidential system , found in the United States and in Brazil . In presidential systems,
5439-513: Is authority, identifiable purely through social sources and without reference to moral reasoning. In his view, any categorisation of rules beyond their role as authoritative instruments in mediation is best left to sociology , rather than jurisprudence. The history of law links closely to the development of civilization . Ancient Egyptian law, dating as far back as 3000 BC, was based on the concept of Ma'at and characterised by tradition, rhetorical speech, social equality and impartiality. By
5586-450: Is clinical medicine), social and occupational psychology are, generally speaking, purely social sciences, whereas neuropsychology is a natural science that lacks application out of the scientific tradition entirely. In British universities, emphasis on what tenet of psychology a student has studied and/or concentrated is communicated through the degree conferred: BPsy indicates a balance between natural and social sciences, BSc indicates
5733-506: Is found that the defendant intentionally deceived the complainant as to the "nature or the purpose of the act", or if "the defendant intentionally induced the complainant to consent by impersonation of a "person known personally to the complainant"" it can be conclusively presumed the defendant is guilty of rape and must be convicted. Law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition
5880-467: Is law?" There have been several attempts to produce "a universally acceptable definition of law". In 1972, Baron Hampstead suggested that no such definition could be produced. McCoubrey and White said that the question "what is law?" has no simple answer. Glanville Williams said that the meaning of the word "law" depends on the context in which that word is used. He said that, for example, " early customary law " and " municipal law " were contexts where
6027-597: Is one of the branches of science , devoted to the study of societies and the relationships among members within those societies. The term was formerly used to refer to the field of sociology , the original "science of society", established in the 18th century. In addition to sociology, it now encompasses a wide array of academic disciplines , including anthropology , archaeology , economics , geography , linguistics , management , communication studies , psychology , culturology and political science . Positivist social scientists use methods resembling those used in
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6174-509: Is philosophy, because moral and ethical persuasions shape their ideas. Law tells many of history's stories, because statutes, case law and codifications build up over time. And law is economics, because any rule about contract , tort , property law , labour law , company law and many more can have long-lasting effects on the distribution of wealth. The noun law derives from the Old English lagu , meaning something laid down or fixed and
6321-484: Is stronger in civil law countries, particularly those with a separate system of administrative courts ; by contrast, the public-private law divide is less pronounced in common law jurisdictions. Law provides a source of scholarly inquiry into legal history , philosophy , economic analysis and sociology . Law also raises important and complex issues concerning equality, fairness, and justice . The word law , attested in Old English as lagu , comes from
6468-441: Is that law is a system of rules and guidelines which are enforced through social institutions to govern behaviour. In The Concept of Law , H. L. A. Hart argued that law is a "system of rules"; John Austin said law was "the command of a sovereign, backed by the threat of a sanction"; Ronald Dworkin describes law as an "interpretive concept" to achieve justice in his text titled Law's Empire ; and Joseph Raz argues law
6615-994: Is the Supreme Court ; in Australia, the High Court ; in India, the Supreme Court of India ; in the UK, the Supreme Court ; in Germany, the Bundesverfassungsgericht ; and in France, the Cour de Cassation . For most European countries the European Court of Justice in Luxembourg can overrule national law, when EU law is relevant. The European Court of Human Rights in Strasbourg allows citizens of
6762-467: Is the continuous, systematic narrative and research into past human events as interpreted through historiographical paradigms or theories. When used as the name of a field of study , history refers to the study and interpretation of the record of humans , societies, institutions, and any topic that has changed over time. Traditionally, the study of history has been considered a part of the humanities . In modern academia , whether or not history remains
6909-431: Is the holistic "science of man", a science of the totality of human existence. The discipline deals with the integration of different aspects of the social sciences, humanities , and human biology . In the twentieth century, academic disciplines have often been institutionally divided into three broad domains. Firstly, the natural sciences seek to derive general laws through reproducible and verifiable experiments. Secondly,
7056-486: Is the legal systems in communist states such as the former Soviet Union and the People's Republic of China . Academic opinion is divided on whether it is a separate system from civil law, given major deviations based on Marxist–Leninist ideology, such as subordinating the judiciary to the executive ruling party. There are distinguished methods of legal reasoning (applying the law) and methods of interpreting (construing)
7203-563: Is to make laws, since they are acts of the general will ; nor whether the prince is above the law, since he is a member of the State; nor whether the law can be unjust, since no one is unjust to himself; nor how we can be both free and subject to the laws, since they are but registers of our wills. Jean-Jacques Rousseau, The Social Contract , II, 6. The philosophy of law is commonly known as jurisprudence. Normative jurisprudence asks "what should law be?", while analytic jurisprudence asks "what
7350-517: Is wrong); in short, a fact finder can reject a rebuttable presumption based on other evidence. Conversely, a conclusive/irrebuttable presumption cannot be challenged by contradictory facts or evidence. Sometimes, a presumption must be triggered by a predicate fact—that is, the fact must be found before the presumption applies. The ancient Jewish law code, the Talmud , included reasoning from presumptions ( hazakah ), propositions taken to be true unless there
7497-683: The Manusmriti (c. 100–300 AD) were foundational treatises in India, and comprise texts considered authoritative legal guidance. Manu's central philosophy was tolerance and pluralism , and was cited across Southeast Asia. During the Muslim conquests in the Indian subcontinent , sharia was established by the Muslim sultanates and empires, most notably Mughal Empire 's Fatawa-e-Alamgiri , compiled by emperor Aurangzeb and various scholars of Islam. In India,
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#17328519562977644-454: The "is" and what "ought to be" problem. Bentham and Austin argued for law's positivism ; that real law is entirely separate from "morality". Kant was also criticised by Friedrich Nietzsche , who rejected the principle of equality, and believed that law emanates from the will to power , and cannot be labeled as "moral" or "immoral". In 1934, the Austrian philosopher Hans Kelsen continued
7791-624: The Age of Revolutions , such as the Industrial Revolution and the French Revolution . The social sciences developed from the sciences ( experimental and applied ), or the systematic knowledge-bases or prescriptive practices, relating to the social improvement of a group of interacting entities . The beginnings of the social sciences in the 18th century are reflected in the grand encyclopedia of Diderot , with articles from Jean-Jacques Rousseau and other pioneers. The growth of
7938-497: The Codex Hammurabi . The most intact copy of these stelae was discovered in the 19th century by British Assyriologists , and has since been fully transliterated and translated into various languages, including English, Italian, German, and French. The Old Testament dates back to 1280 BC and takes the form of moral imperatives as recommendations for a good society. The small Greek city-state, ancient Athens , from about
8085-591: The Council of Europe member states to bring cases relating to human rights issues before it. Some countries allow their highest judicial authority to overrule legislation they determine to be unconstitutional . For example, in Brown v. Board of Education , the United States Supreme Court nullified many state statutes that had established racially segregated schools, finding such statutes to be incompatible with
8232-478: The Early Middle Ages , Roman law was rediscovered around the 11th century when medieval legal scholars began to research Roman codes and adapt their concepts to the canon law , giving birth to the jus commune . Latin legal maxims (called brocards ) were compiled for guidance. In medieval England, royal courts developed a body of precedent which later became the common law . A Europe-wide Law Merchant
8379-559: The English Court of Common Pleas had five. This powerful and tight-knit judiciary gave rise to a systematised process of developing common law. As time went on, many felt that the common law was overly systematised and inflexible, and increasing numbers of citizens petitioned the King to override the common law. On the King's behalf, the Lord Chancellor started giving judgments to do what
8526-1218: The Enlightenment . Then, in the 19th century, both France, with the Code Civil , and Germany, with the Bürgerliches Gesetzbuch , modernised their legal codes. Both these codes heavily influenced not only the law systems of the countries in continental Europe but also the Japanese and Korean legal traditions. Today, countries that have civil law systems range from Russia and Turkey to most of Central and Latin America . In common law legal systems, decisions by courts are explicitly acknowledged as "law" on equal footing with legislative statutes and executive regulations . The "doctrine of precedent", or stare decisis (Latin for "to stand by decisions") means that decisions by higher courts bind lower courts to assure that similar cases reach similar results. In contrast , in civil law systems, legislative statutes are typically more detailed, and judicial decisions are shorter and less detailed because
8673-551: The Fourteenth Amendment to the United States Constitution . A judiciary is theoretically bound by the constitution, just as all other government bodies are. In most countries judges may only interpret the constitution and all other laws. But in common law countries, where matters are not constitutional, the judiciary may also create law under the doctrine of precedent . The UK, Finland and New Zealand assert
8820-645: The French , but mostly the German Civil Code. This partly reflected Germany's status as a rising power in the late 19th century. Similarly, traditional Chinese law gave way to westernisation towards the final years of the Qing Dynasty in the form of six private law codes based mainly on the Japanese model of German law. Today Taiwanese law retains the closest affinity to the codifications from that period, because of
8967-527: The Hindu legal tradition, along with Islamic law, were both supplanted by common law when India became part of the British Empire . Malaysia, Brunei, Singapore and Hong Kong also adopted the common law system. The Eastern Asia legal tradition reflects a unique blend of secular and religious influences. Japan was the first country to begin modernising its legal system along Western lines, by importing parts of
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#17328519562979114-548: The Latin educare , or to facilitate the realization of an individual's potential and talents. It is an application of pedagogy , a body of theoretical and applied research relating to teaching and learning and draws on many disciplines such as psychology, philosophy , computer science , linguistics, neuroscience , sociology and anthropology. Geography as a discipline can be split broadly into two main sub fields: human geography and physical geography . The former focuses largely on
9261-654: The Latin Church sui juris . The Eastern Catholic Churches, which developed different disciplines and practices, are governed by the Code of Canons of the Eastern Churches . The canon law of the Catholic Church influenced the common law during the medieval period through its preservation of Roman law doctrine such as the presumption of innocence . Roman Catholic canon law is a fully developed legal system, with all
9408-474: The Old Norse word lǫg . The singular form lag meant ' something laid or fixed ' while its plural meant ' law ' . But what, after all, is a law? [...] When I say that the object of laws is always general, I mean that law considers subjects en masse and actions in the abstract, and never a particular person or action. [...] On this view, we at once see that it can no longer be asked whose business it
9555-608: The Quran has some law, and it acts as a source of further law through interpretation, Qiyas (reasoning by analogy), Ijma (consensus) and precedent . This is mainly contained in a body of law and jurisprudence known as Sharia and Fiqh respectively. Another example is the Torah or Old Testament , in the Pentateuch or Five Books of Moses. This contains the basic code of Jewish law, which some Israeli communities choose to use. The Halakha
9702-434: The United States and Europe . Another route undertaken was initiated by Émile Durkheim , studying "social facts", and Vilfredo Pareto , opening metatheoretical ideas and individual theories. A third means developed, arising from the methodological dichotomy present, in which social phenomena were identified with and understood; this was championed by figures such as Max Weber . The fourth route taken, based in economics,
9849-676: The absolutist theory of Thomas Hobbes ' Leviathan . Sun Yat-sen 's Five Power Constitution for the Republic of China took the separation of powers further by having two additional branches of government—a Control Yuan for auditing oversight and an Examination Yuan to manage the employment of public officials. Max Weber and others reshaped thinking on the extension of state. Modern military, policing and bureaucratic power over ordinary citizens' daily lives pose special problems for accountability that earlier writers such as Locke or Montesquieu could not have foreseen. The custom and practice of
9996-411: The academic journals in which research is published, and the learned social science societies and academic departments or faculties to which their practitioners belong. Social science fields of study usually have several sub-disciplines or branches, and the distinguishing lines between these are often both arbitrary and ambiguous. The following are widely-considered to be social sciences: Anthropology
10143-496: The built environment and how space is created, viewed and managed by humans as well as the influence humans have on the space they occupy. This may involve cultural geography , transportation , health , military operations , and cities . The latter examines the natural environment and how the climate, vegetation and life, soil, oceans , water and landforms are produced and interact (is also commonly regarded as an Earth Science ). Physical geography examines phenomena related to
10290-419: The history and sociology of science . Increasingly, quantitative research and qualitative methods are being integrated in the study of human action and its implications and consequences. In the first half of the 20th century, statistics became a free-standing discipline of applied mathematics. Statistical methods were used confidently. In the contemporary period, Karl Popper and Talcott Parsons influenced
10437-520: The law , education , health , economy and trade , and art . Around the start of the 21st century, the expanding domain of economics in the social sciences has been described as economic imperialism . A distinction is usually drawn between the social sciences and the humanities . Classicist Allan Bloom writes in The Closing of the American Mind (1987): Social science and humanities have
10584-412: The measurement of earth . As a result of the two subfields using different approaches a third field has emerged, which is environmental geography . Environmental geography combines physical and human geography and looks at the interactions between the environment and humans. Other branches of geography include social geography , regional geography , and geomatics . Geographers attempt to understand
10731-408: The mental function and overt behaviour of individuals, while the other disciplines focus on creating descriptive generalizations about the functioning of social groups or situation-specific human behaviour. In practice, however, there is quite a lot of cross-fertilization that takes place among the various fields. Psychology differs from biology and neuroscience in that it is primarily concerned with
10878-555: The natural sciences as tools for understanding societies, and so define science in its stricter modern sense . Interpretivist or speculative social scientists, by contrast, may use social critique or symbolic interpretation rather than constructing empirically falsifiable theories, and thus treat science in its broader sense. In modern academic practice, researchers are often eclectic , using multiple methodologies (for instance, by combining both quantitative and qualitative research ). The term social research has also acquired
11025-597: The "basic pattern of legal reasoning is reasoning by example"—that is, reasoning by comparing outcomes in cases resolving similar legal questions. In a U.S. Supreme Court case regarding procedural efforts taken by a debt collection company to avoid errors, Justice Sotomayor cautioned that "legal reasoning is not a mechanical or strictly linear process". Jurimetrics is the formal application of quantitative methods, especially probability and statistics , to legal questions. The use of statistical methods in court cases and law review articles has grown massively in importance in
11172-844: The 19th and early 20th centuries. Ferdinand Saussure is considered the father of modern linguistics. Political science is an academic and research discipline that deals with the theory and practice of politics and the description and analysis of political systems and political behaviour. Fields and subfields of political science include political economy , political theory and philosophy , civics and comparative politics , theory of direct democracy , apolitical governance, participatory direct democracy, national systems, cross-national political analysis, political development, international relations, foreign policy , international law , politics, public administration, administrative behaviour, public law, judicial behaviour, and public policy . Political science also studies power in international relations and
11319-424: The 22nd century BC, the ancient Sumerian ruler Ur-Nammu had formulated the first law code , which consisted of casuistic statements ("if … then ..."). Around 1760 BC, King Hammurabi further developed Babylonian law , by codifying and inscribing it in stone. Hammurabi placed several copies of his law code throughout the kingdom of Babylon as stelae , for the entire public to see; this became known as
11466-467: The 6th century, which were rediscovered by 11th century Italy. Roman law in the days of the Roman Republic and Empire was heavily procedural, and lacked a professional legal class. Instead a lay magistrate , iudex , was chosen to adjudicate. Decisions were not published in any systematic way, so any case law that developed was disguised and almost unrecognised. Each case was to be decided afresh from
11613-431: The 8th century BC was the first society to be based on broad inclusion of its citizenry, excluding women and enslaved people . However, Athens had no legal science or single word for "law", relying instead on the three-way distinction between divine law ( thémis ), human decree ( nomos ) and custom ( díkē ). Yet Ancient Greek law contained major constitutional innovations in the development of democracy . Roman law
11760-906: The Earth in terms of physical and spatial relationships. The first geographers focused on the science of mapmaking and finding ways to precisely project the surface of the earth. In this sense, geography bridges some gaps between the natural sciences and social sciences. Historical geography is often taught in a college in a unified Department of Geography. Modern geography is an all-encompassing discipline, closely related to Geographic Information Science , that seeks to understand humanity and its natural environment. The fields of urban planning , regional science , and planetology are closely related to geography. Practitioners of geography use many technologies and methods to collect data such as Geographic Information Systems , remote sensing , aerial photography , statistics , and global positioning systems . History
11907-485: The Italian one, sociology slowly affirms itself and experiences the difficulty of affirming a strategic knowledge beyond philosophy and theology. Around the start of the 20th century, Enlightenment philosophy was challenged in various quarters. After the use of classical theories since the end of the scientific revolution, various fields substituted mathematics studies for experimental studies and examining equations to build
12054-488: The King's entourage of judges hold their courts and judgments at "a certain place" rather than dispensing autocratic justice in unpredictable places about the country. A concentrated and elite group of judges acquired a dominant role in law-making under this system, and compared to its European counterparts the English judiciary became highly centralised. In 1297, for instance, while the highest court in France had fifty-one judges,
12201-502: The Quran as its constitution , and is governed on the basis of Islamic law. Iran has also witnessed a reiteration of Islamic law into its legal system after 1979. During the last few decades, one of the fundamental features of the movement of Islamic resurgence has been the call to restore the Sharia, which has generated a vast amount of literature and affected world politics . Socialist law
12348-1262: The Sharia: the Supreme Constitutional Court of Egypt may invalidate such laws, and in Iran the Guardian Council ensures the compatibility of the legislation with the "criteria of Islam". Prominent examples of legislatures are the Houses of Parliament in London, the Congress in Washington, D.C., the Bundestag in Berlin, the Duma in Moscow, the Parlamento Italiano in Rome and the Assemblée nationale in Paris. By
12495-430: The U.S. , the two systems were merged . In developing the common law, academic writings have always played an important part, both to collect overarching principles from dispersed case law and to argue for change. William Blackstone , from around 1760, was the first scholar to collect, describe, and teach the common law. But merely in describing, scholars who sought explanations and underlying structures slowly changed
12642-402: The abstract sound system of a particular language); however, work in areas like evolutionary linguistics (the study of the origins and evolution of language) and psycholinguistics (the study of psychological factors in human language) cut across these divisions. The overwhelming majority of modern research in linguistics takes a predominantly synchronic perspective (focusing on language at
12789-460: The adjective legal comes from the Latin word lex . Linguistics investigates the cognitive and social aspects of human language. The field is divided into areas that focus on aspects of the linguistic signal, such as syntax (the study of the rules that govern the structure of sentences), semantics (the study of meaning), morphology (the study of the structure of words), phonetics (the study of speech sounds) and phonology (the study of
12936-567: The adjudicator is only writing to decide the single case, rather than to set out reasoning that will guide future courts. Common law originated from England and has been inherited by almost every country once tied to the British Empire (except Malta, Scotland , the U.S. state of Louisiana , and the Canadian province of Quebec ). In medieval England during the Norman conquest , the law varied shire-to-shire based on disparate tribal customs. The concept of
13083-848: The biological, linguistic, historic and cultural aspects of any problem. Since anthropology arose as a science in Western societies that were complex and industrial, a major trend within anthropology has been a methodological drive to study peoples in societies with more simple social organization, sometimes called "primitive" in anthropological literature, but without any connotation of "inferior". Today, anthropologists use terms such as "less complex" societies or refer to specific modes of subsistence or production , such as "pastoralist" or "forager" or "horticulturalist" to refer to humans living in non-industrial, non-Western cultures, such people or folk ( ethnos ) remaining of great interest within anthropology. The quest for holism leads most anthropologists to study
13230-414: The case whatever the evidence to the contrary. For example, a child below the age of criminal responsibility is presumed to be incapable of committing a felony. In Australian law, it is a conclusive presumption that no child under the age of 10 can be held responsible for criminal action. This presumption exists to protect children by acknowledging that they do not have sufficient development to understand
13377-575: The defining features of any legal system. Civil law is the legal system used in most countries around the world today. In civil law the sources recognised as authoritative are, primarily, legislation —especially codifications in constitutions or statutes passed by government—and custom . Codifications date back millennia, with one early example being the Babylonian Codex Hammurabi . Modern civil law systems essentially derive from legal codes issued by Byzantine Emperor Justinian I in
13524-565: The descriptive understanding of the social realm. He proposed that social ills could be remedied through sociological positivism, an epistemological approach outlined in The Course in Positive Philosophy [1830–1842] and A General View of Positivism (1844). Though Comte is generally regarded as the "Father of Sociology", the discipline was formally established by another French thinker, Émile Durkheim (1858–1917), who developed positivism as
13671-498: The discipline is as a cluster of sub-fields that examine different dimensions of society. For example, social stratification studies inequality and class structure; demography studies changes in population size or type; criminology examines criminal behaviour and deviance; and political sociology studies the interaction between society and state. Since its inception, sociological epistemologies, methods, and frames of enquiry, have significantly expanded and diverged. Sociologists use
13818-426: The discipline useful for purposes beyond the academy. The results of sociological research aid educators, lawmakers, administrators, developers, and others interested in resolving social problems and formulating public policy, through subdisciplinary areas such as evaluation research , methodological assessment, and public sociology . In the early 1970s, women sociologists began to question sociological paradigms and
13965-488: The early part of the 20th century, economics has focused largely on measurable quantities, employing both theoretical models and empirical analysis. Quantitative models, however, can be traced as far back as the physiocratic school . Economic reasoning has been increasingly applied in recent decades to other social situations such as politics , law, psychology , history , religion , marriage and family life, and other social interactions. The expanding domain of economics in
14112-531: The examination of the organization and development of human social life. The sociological field of interest ranges from the analysis of short contacts between anonymous individuals on the street to the study of global social processes . In the terms of sociologists Peter L. Berger and Thomas Luckmann , social scientists seek an understanding of the Social Construction of Reality . Most sociologists work in one or more subfields . One useful way to describe
14259-406: The executive acts as both head of state and head of government, and has power to appoint an unelected cabinet. Under a presidential system, the executive branch is separate from the legislature to which it is not accountable. Although the role of the executive varies from country to country, usually it will propose the majority of legislation, and propose government agenda. In presidential systems,
14406-460: The executive often has the power to veto legislation. Most executives in both systems are responsible for foreign relations , the military and police, and the bureaucracy. Ministers or other officials head a country's public offices, such as a foreign ministry or defence ministry . The election of a different executive is therefore capable of revolutionising an entire country's approach to government. Social science#Law Social science
14553-419: The frequency of features, while some disciplines, like contact linguistics, focus on qualitative analysis. While certain areas of linguistics can thus be understood as clearly falling within the social sciences, other areas, like acoustic phonetics and neurolinguistics , draw on the natural sciences. Linguistics draws only secondarily on the humanities, which played a rather greater role in linguistic inquiry in
14700-442: The furtherance of the social sciences. Researchers continue to search for a unified consensus on what methodology might have the power and refinement to connect a proposed "grand theory" with the various midrange theories that, with considerable success, continue to provide usable frameworks for massive, growing data banks; for more, see consilience . The social sciences will for the foreseeable future be composed of different zones in
14847-510: The general laws derived in physics or chemistry, or they may explain individual cases through more general principles, as in many fields of psychology. Anthropology (like some fields of history) does not easily fit into one of these categories, and different branches of anthropology draw on one or more of these domains. Within the United States, anthropology is divided into four sub-fields: archaeology, physical or biological anthropology , anthropological linguistics , and cultural anthropology . It
14994-818: The golden age of Roman law and aimed to restore it to the peak it had reached three centuries before." The Justinian Code remained in force in the East until the fall of the Byzantine Empire . Western Europe, meanwhile, relied on a mix of the Theodosian Code and Germanic customary law until the Justinian Code was rediscovered in the 11th century, which scholars at the University of Bologna used to interpret their own laws. Civil law codifications based closely on Roman law, alongside some influences from religious laws such as canon law , continued to spread throughout Europe until
15141-451: The gravity and consequences of committing a criminal act. Recent amendments to Impaired Driving law allows the Crown to rely on a conclusive presumption. Normally, where the police conduct a breathalyzer test within 2 hours of the operation of a conveyance (or care and control), the court can accept the blood alcohol concentration as being the same at the time of the operation of the vehicle as at
15288-531: The ground, as opposed to what can be observed by compiling many local observations remain fundamental in any kind of anthropology, whether cultural, biological, linguistic or archaeological. Communication studies deals with processes of human communication , commonly defined as the sharing of symbols to create meaning . The discipline encompasses a range of topics, from face-to-face conversation to mass media outlets such as television broadcasting. Communication studies also examine how messages are interpreted through
15435-473: The humanities generally study local traditions, through their history, literature, music, and arts, with an emphasis on understanding particular individuals, events, or eras. Finally, the social sciences have generally attempted to develop scientific methods to understand social phenomena in a generalizable way, though usually with methods distinct from those of the natural sciences. The anthropological social sciences often develop nuanced descriptions rather than
15582-523: The humanities. As a social science, the discipline often overlaps with sociology, psychology, anthropology, biology, political science, economics, and public policy, among others. From a humanities perspective, communication is concerned with rhetoric and persuasion (traditional graduate programs in communication studies trace their history to the rhetoricians of Ancient Greece ). The field applies to outside disciplines as well, including engineering, architecture, mathematics, and information science. Economics
15729-524: The idea of the rule of law because he did not accept the primacy of abstract normative principles over concrete political positions and decisions. Therefore, Schmitt advocated a jurisprudence of the exception ( state of emergency ), which denied that legal norms could encompass all of the political experience. Later in the 20th century, H. L. A. Hart attacked Austin for his simplifications and Kelsen for his fiction in The Concept of Law . Hart argued law
15876-428: The ideal of parliamentary sovereignty , whereby the unelected judiciary may not overturn law passed by a democratic legislature. In communist states , such as China, the courts are often regarded as parts of the executive, or subservient to the legislature; governmental institutions and actors exert thus various forms of influence on the judiciary. In Muslim countries, courts often examine whether state laws adhere to
16023-760: The interaction of mental processes and behaviour, and of the overall processes of a system, and not simply the biological or neural processes themselves, though the subfield of neuropsychology combines the study of the actual neural processes with the study of the mental effects they have subjectively produced. Many people associate psychology with clinical psychology , which focuses on assessment and treatment of problems in living and psychopathology. In reality, psychology has myriad specialties including social psychology , developmental psychology , cognitive psychology , educational psychology , industrial-organizational psychology , mathematical psychology , neuropsychology, and quantitative analysis of behaviour. Psychology
16170-544: The invisibility of women in sociological studies, analysis, and courses. In 1969, feminist sociologists challenged the discipline's androcentrism at the American Sociological Association's annual conference. This led to the founding of the organization Sociologists for Women in Society, and, eventually, a new sociology journal, Gender & Society . Today, the sociology of gender is considered to be one of
16317-564: The last few decades. It is a real unity of them all in one and the same person, made by covenant of every man with every man, in such manner as if every man should say to every man: I authorise and give up my right of governing myself to this man, or to this assembly of men, on this condition; that thou givest up, thy right to him, and authorise all his actions in like manner. Thomas Hobbes, Leviathan , XVII The main institutions of law in industrialised countries are independent courts , representative parliaments, an accountable executive,
16464-446: The law more difficult. A government usually leads the process, which can be formed from Members of Parliament (e.g. the UK or Germany). However, in a presidential system, the government is usually formed by an executive and his or her appointed cabinet officials (e.g. the United States or Brazil). The executive in a legal system serves as the centre of political authority of the State . In
16611-622: The law. In common law systems, judges may make binding case law through precedent, although on occasion this may be overturned by a higher court or the legislature. Religious law is in use in some religious communities and states, and has historically influenced secular law. The scope of law can be divided into two domains: public law concerns government and society, including constitutional law , administrative law , and criminal law ; while private law deals with legal disputes between parties in areas such as contracts , property , torts , delicts and commercial law . This distinction
16758-731: The law. The former are legal syllogism , which holds sway in civil law legal systems, analogy , which is present in common law legal systems, especially in the US, and argumentative theories that occur in both systems. The latter are different rules (directives) of legal interpretation such as directives of linguistic interpretation, teleological interpretation or systemic interpretation as well as more specific rules, for instance, golden rule or mischief rule . There are also many other arguments and cannons of interpretation which altogether make statutory interpretation possible. Law professor and former United States Attorney General Edward H. Levi noted that
16905-577: The laws of the State, which mirrors the (theoretical) unimportance of judges' decisions for future cases in civil law systems today. From 529 to 534 AD the Byzantine Emperor Justinian I codified and consolidated Roman law up until that point, so that what remained was one-twentieth of the mass of legal texts from before. This became known as the Corpus Juris Civilis . As one legal historian wrote, "Justinian consciously looked back to
17052-426: The legal profession is an important part of people's access to justice , whilst civil society is a term used to refer to the social institutions, communities and partnerships that form law's political basis. A judiciary is a number of judges mediating disputes to determine outcome. Most countries have systems of appeal courts, with an apex court as the ultimate judicial authority. In the United States, this authority
17199-472: The mid-1940s, efforts have been made, in country after country, to bring Sharia law more into line with modern conditions and conceptions. In modern times, the legal systems of many Muslim countries draw upon both civil and common law traditions as well as Islamic law and custom. The constitutions of certain Muslim states, such as Egypt and Afghanistan, recognise Islam as the religion of the state, obliging legislature to adhere to Sharia. Saudi Arabia recognises
17346-510: The military and police, bureaucratic organisation, the legal profession and civil society itself. John Locke, in his Two Treatises of Government , and Baron de Montesquieu in The Spirit of the Laws , advocated for a separation of powers between the political, legislature and executive bodies. Their principle was that no person should be able to usurp all powers of the state , in contrast to
17493-669: The most influential. In contrast to English common law, which consists of enormous tomes of case law, codes in small books are easy to export and easy for judges to apply. However, today there are signs that civil and common law are converging. EU law is codified in treaties, but develops through de facto precedent laid down by the European Court of Justice . Ancient India and China represent distinct traditions of law, and have historically had independent schools of legal theory and practice. The Arthashastra , probably compiled around 100 AD (although it contains older material), and
17640-453: The most prominent sub-fields in the discipline. New sociological sub-fields continue to appear — such as community studies , computational sociology , environmental sociology , network analysis, actor-network theory , gender studies, and a growing list, many of which are cross-disciplinary in nature. Additional applied or interdisciplinary fields related to the social sciences or are applied social sciences include: The origin of
17787-505: The necessary elements: courts , lawyers , judges, a fully articulated legal code, principles of legal interpretation, and coercive penalties, though it lacks civilly-binding force in most secular jurisdictions. Until the 18th century, Sharia law was practiced throughout the Muslim world in a non-codified form, with the Ottoman Empire 's Mecelle code in the 19th century being a first attempt at codifying elements of Sharia law. Since
17934-538: The notion of justice, and re-entered the mainstream of Western culture through the writings of Thomas Aquinas , notably his Treatise on Law . Hugo Grotius , the founder of a purely rationalistic system of natural law, argued that law arises from both a social impulse—as Aristotle had indicated—and reason. Immanuel Kant believed a moral imperative requires laws "be chosen as though they should hold as universal laws of nature". Jeremy Bentham and his student Austin, following David Hume , believed that this conflated
18081-474: The political, cultural, economic, and social dimensions of their contexts. Communication is institutionalized under many different names at different universities, including communication , communication studies , speech communication , rhetorical studies , communication science , media studies , communication arts , mass communication , media ecology , and communication and media science . Communication studies integrate aspects of both social sciences and
18228-564: The positivist tradition in his book the Pure Theory of Law . Kelsen believed that although law is separate from morality, it is endowed with "normativity", meaning we ought to obey it. While laws are positive "is" statements (e.g. the fine for reversing on a highway is €500); law tells us what we "should" do. Thus, each legal system can be hypothesised to have a ' basic norm ' ( German : Grundnorm ) instructing us to obey. Kelsen's major opponent, Carl Schmitt , rejected both positivism and
18375-483: The positivists for their refusal to treat law as a moral issue. Dworkin argues that law is an " interpretive concept" that requires judges to find the best fitting and most just solution to a legal dispute, given their Anglo-American constitutional traditions. Joseph Raz , on the other hand, defended the positivist outlook and criticised Hart's "soft social thesis" approach in The Authority of Law . Raz argues that law
18522-416: The principle of representative government people vote for politicians to carry out their wishes. Although countries like Israel, Greece, Sweden and China are unicameral , most countries are bicameral , meaning they have two separately appointed legislative houses. In the 'lower house' politicians are elected to represent smaller constituencies . The 'upper house' is usually elected to represent states in
18669-469: The question of the extent to which law incorporates morality. John Austin 's utilitarian answer was that law is "commands, backed by threat of sanctions, from a sovereign, to whom people have a habit of obedience". Natural lawyers , on the other hand, such as Jean-Jacques Rousseau , argue that law reflects essentially moral and unchangeable laws of nature. The concept of "natural law" emerged in ancient Greek philosophy concurrently and in connection with
18816-417: The research of, and sometimes distinct in approach toward, the field. The term "social science" may refer either to the specific sciences of society established by thinkers such as Comte, Durkheim, Marx, and Weber, or more generally to all disciplines outside of "noble science" and arts . By the late 19th century, the academic social sciences were constituted of five fields: jurisprudence and amendment of
18963-416: The seventeenth century by Edward Coke . A number of presumptions are found in most common law jurisdictions. Examples of these presumptions include: A conclusive presumption, also known as an irrebuttable presumption, is a type of presumption used in several legal systems. In English law , a conclusive presumption is a presumption of law that cannot be rebutted by evidence and must be taken to be
19110-402: The sharing of many features traditionally considered typical of either common law or civil law. The third type of legal system is religious law, based on scriptures . The specific system that a country is ruled by is often determined by its history, connections with other countries, or its adherence to international standards. The sources that jurisdictions adopt as authoritatively binding are
19257-419: The social sciences has been described as economic imperialism. Education encompasses teaching and learning specific skills, and also something less tangible but more profound: the imparting of knowledge, positive judgement and well-developed wisdom. Education has as one of its fundamental aspects the imparting of culture from generation to generation (see socialization ). To educate means 'to draw out', from
19404-462: The social sciences is also reflected in other specialized encyclopedias. The term "social science" was coined in French by Mirabeau in 1767, before becoming a distinct conceptual field in the nineteenth century. Social science was influenced by positivism, focusing on knowledge based on actual positive sense experience and avoiding the negative; metaphysical speculation was avoided. Auguste Comte used
19551-426: The social sciences, uses methods and techniques that relate to the kinds of inquiries sought: primary sources such as historical documents, interviews, and official records, as well as secondary sources such as scholarly articles , are used in building and testing theories. Empirical methods include survey research, statistical analysis or econometrics , case studies , experiments, and model building. Psychology
19698-454: The split between Chiang Kai-shek 's nationalists, who fled there, and Mao Zedong 's communists who won control of the mainland in 1949. The current legal infrastructure in the People's Republic of China was heavily influenced by Soviet Socialist law , which essentially prioritises administrative law at the expense of private law rights. Due to rapid industrialisation, today China is undergoing
19845-514: The survey can be traced back at least as early as the Domesday Book in 1086, while some scholars pinpoint the origin of demography to 1663 with the publication of John Graunt 's Natural and Political Observations upon the Bills of Mortality . Social research began most intentionally, however, with the positivist philosophy of science in the 19th century. In contemporary usage, "social research"
19992-399: The term science sociale to describe the field, taken from the ideas of Charles Fourier ; Comte also referred to the field as social physics . Following this period, five paths of development sprang forth in the social sciences, influenced by Comte in other fields. One route that was taken was the rise of social research. Large statistical surveys were undertaken in various parts of
20139-505: The theory of great powers and superpowers . Political science is methodologically diverse, although recent years have witnessed an upsurge in the use of the scientific method , that is, the proliferation of formal-deductive model building and quantitative hypothesis testing. Approaches to the discipline include rational choice , classical political philosophy, interpretivism , structuralism , and behaviouralism , realism , pluralism, and institutionalism . Political science, as one of
20286-454: The time of the offence. If the test is conducted outside the two hours, and the blood alcohol concentration is greater than 20 mg of alcohol/100 mL of blood, there is now a conclusive presumption that the blood alcohol concentration can be increased by 5 mg of alcohol/100 mL of blood for each 30 minutes. A child below the age of criminal responsibility cannot be held legally responsible for their actions, and so cannot be convicted of committing
20433-423: The unit of analysis is the individual agent, such as a household or firm, and macroeconomics , where the unit of analysis is an economy as a whole. Another division of the subject distinguishes positive economics, which seeks to predict and explain economic phenomena, from normative economics , which orders choices and actions by some criterion; such orderings necessarily involve subjective value judgments. Since
20580-614: The way the law actually worked. Religious law is explicitly based on religious precepts. Examples include the Jewish Halakha and Islamic Sharia —both of which translate as the "path to follow". Christian canon law also survives in some church communities. Often the implication of religion for law is unalterability because the word of God cannot be amended or legislated against by judges or governments. Nonetheless, most religious jurisdictions rely on further human elaboration to provide for thorough and detailed legal systems. For instance,
20727-418: The word "law" had two different and irreconcilable meanings. Thurman Arnold said that it is obvious that it is impossible to define the word "law" and that it is also equally obvious that the struggle to define that word should not ever be abandoned. It is possible to take the view that there is no need to define the word "law" (e.g. "let's forget about generalities and get down to cases "). One definition
20874-474: The word comes from the suffix -logy , which means "study of", derived from Ancient Greek, and the stem soci- , which is from the Latin word socius , meaning "companion", or society in general. Auguste Comte (1798–1857) coined the term sociology to describe a way to apply natural science principles and techniques to the social world in 1838. Comte endeavoured to unify history, psychology and economics through
21021-553: Was developed and furthered economic knowledge as a hard science . The last path was the correlation of knowledge and social values ; the antipositivism and verstehen sociology of Max Weber firmly demanded this distinction. In this route, theory (description) and prescription were non-overlapping formal discussions of a subject. The foundation of social sciences in the West implies conditioned relationships between progressive and traditional spheres of knowledge. In some contexts, such as
21168-467: Was equitable in a case. From the time of Sir Thomas More , the first lawyer to be appointed as Lord Chancellor, a systematic body of equity grew up alongside the rigid common law, and developed its own Court of Chancery . At first, equity was often criticised as erratic. Over time, courts of equity developed solid principles , especially under Lord Eldon . In the 19th century in England, and in 1937 in
21315-490: Was formed so that merchants could trade with common standards of practice rather than with the many splintered facets of local laws. The Law Merchant, a precursor to modern commercial law, emphasised the freedom to contract and alienability of property. As nationalism grew in the 18th and 19th centuries, the Law Merchant was incorporated into countries' local law under new civil codes. The Napoleonic and German Codes became
21462-461: Was heavily influenced by Greek philosophy, but its detailed rules were developed by professional jurists and were highly sophisticated. Over the centuries between the rise and decline of the Roman Empire , law was adapted to cope with the changing social situations and underwent major codification under Theodosius II and Justinian I . Although codes were replaced by custom and case law during
21609-515: Was reason to believe otherwise, such as "One does not ordinarily pay a debt before term." The same concept was found in ancient Roman law , where, for example, if there was doubt as to whether a child was really the issue of someone who had been left money in a will, the presumption was in favour of the child. Medieval Roman and canon law graded presumptions according to strength: light, medium or probable, and violent. These gradings and many individual presumptions were taken over into English law in
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