Search

Just as there isn't a generally accepted meaning of the term law, there still isn't a completely clear and defined meaning of the term autonomous law. There is a big interest for the autonomous law in practice and theory, sociology and law anthropology. Five main meanings are attributed to this term: autonomous law as a theoretic notion, a subsystem of law, source of law, law of work and autonomous identity law. When it comes to autonomous law as a theoretic notion it is closely linked with the idea of legal pluralism. This paper follows the development of the understanding of legal pluralism from Duguit, Ehrlich, Petrazycki, Gurvitch, through, Evan, Llewellyn, Hobel, to Vanderlinden and Jean-Guy Belley. The paper ends with 'a new legal pluralism' which has a tendency to become the only right school (legal orthodoxy). [ABSTRACT FROM AUTHOR]

The author first discusses the overall unity of the total normative regulation, from which it is separated in the late Roman empire the right, but only in the new century and the morale. There are analyzed the relationship between the moral and ethical reflection and Weber's distinction between pure ethics will (Gesinnungsethik) and ethics of responsibility (Verantwortungsethik). The morale is determined by the good as the highest value, as a specific form of social norms but also as a kind of human behavior. These three definitions can be combined in an integrative approach. There are examined the dimensions of moral statements, subjective and objective side of morality, as well as the difference between morale and morality. A general notion of morale can not be defined in substantive but only in formal way. The formal definition is a constituent of general as well as of sociological concept of morale and it is related to morality as a social phenomenon. Its essence is to define the morale by specific norms, the characteristics of the internal and external mandatory (with the pricks of conscience as the most distinctive moral sanction and control exercised by the formal not institutionalized or diffuse society), and in consideration of morality as a social process (actions of people associated moral norms ). The basic types of social moral process - being, education, functioning and changing of morale are described. There are briefly analyzed the influence of society to the morale and social function of morale, with special emphasis on the relationship between law and morale. [ABSTRACT FROM AUTHOR]

Not much attention has been given to material sources of civil law, in newer legal literature. It is evident that we are missing deeper researches which would contribute to the development of legal science, as well as the legal regulative in that field. It would definitively show that simplified, student book presentation of material sources is insufficient and outdated since long ago. Today, a lot of factors influence forming of civil law, such as: human needs, available resources, social relationships, legal tradition, value system, level of economic development, involvement in integration processes, legal politics, etc. It is indeed a very complex and important issue, which demands cooperation between experts in different fields. The author also points out the need for working on development of anthropology, sociology, philosophy, ethics, economy and politics of civil law, as separate scientific disciplines. [ABSTRACT FROM AUTHOR]

Because of the significant analytical advantages, the author prefers social action as initial sociological concept in the relation to social phenomenon. Its basic elements are: actors, subjects and tools, needs and interests, values and norms, positions and roles. Actors set in motion and unify the rest of elements, guide to the magic triangle of sociology (movement, change, order), reaffirm actor paradigm to systemic paradigm. Subjects and tools materialize an action and its overestimate results in technological determinism or (by means of property as institutional appropriation of nature) in the (un)classed historical type of society. Needs and interests are the basis of person's motivation and starting point for depth analysis of sociability. The expansion of legitimate interests circle develops techniques of normative regulation. Values and norms guide to institutional-organizational, positions to vertical and roles to horizontal structure. Values give the meaning to the action as well as to human existence, they are orientations of motivate system of personality but also basic aspect of society. As abstractions, values are latent background of norms and they tell to us what to do, and norms how to do something. Norms are specified instructions for suitable behavior Without normative order, not to be possible the satisfying of needs and the conciliation of interests. Riches, power and prestige are components of social position, and legal status is the determination of rights and obligations of the position. Roles are normative expectation of behavior. Toward kinds of sanctions roles are classified. Roles but also other elements of social action are starting point for sociological analysis of legal norms and institutes. On the other side, the observation of legal component of social actions enriches, strengths and precises sociological analysis of them. [ABSTRACT FROM AUTHOR]