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Laws And Explanation In The Social Sciences

Laws And Explanation In The Social Sciences PDF Author: Lee C Mcintyre
Publisher: Routledge
ISBN: 0429978928
Category : Social Science
Languages : en
Pages : 174

Book Description
The first full-length defense of social scientific laws to appear in the last twenty years, this book upholds the prospect of the nomological explanation of human behavior against those who maintain that this approach is impossible, impractical, or irrelevant. By pursuing an analogy with the natural sciences, Mclntyre shows that the barriers to nomological inquiry within the social sciences are not generated by factors unique to social inquiry, but arise from a largely common set of problems that face any scientific endeavor. All of the most widely supported arguments against social scientific laws have failed largely due to adherence to a highly idealized conception of nomologicality (allegedly drawn from the natural sciences themselves) and the limited doctrine of "descriptivism." Basing his arguments upon a more realistic view of scientific theorizing that emphasizes the pivotal role of "redescription" in aiding the search for scientific laws, Mclntyre is optimistic about attaining useful law-like explanations of human behavior.

Laws And Explanation In The Social Sciences

Laws And Explanation In The Social Sciences PDF Author: Lee C Mcintyre
Publisher: Routledge
ISBN: 0429978928
Category : Social Science
Languages : en
Pages : 174

Book Description
The first full-length defense of social scientific laws to appear in the last twenty years, this book upholds the prospect of the nomological explanation of human behavior against those who maintain that this approach is impossible, impractical, or irrelevant. By pursuing an analogy with the natural sciences, Mclntyre shows that the barriers to nomological inquiry within the social sciences are not generated by factors unique to social inquiry, but arise from a largely common set of problems that face any scientific endeavor. All of the most widely supported arguments against social scientific laws have failed largely due to adherence to a highly idealized conception of nomologicality (allegedly drawn from the natural sciences themselves) and the limited doctrine of "descriptivism." Basing his arguments upon a more realistic view of scientific theorizing that emphasizes the pivotal role of "redescription" in aiding the search for scientific laws, Mclntyre is optimistic about attaining useful law-like explanations of human behavior.

Social Science, Social Policy, and the Law

Social Science, Social Policy, and the Law PDF Author: Patricia Ewick
Publisher: Russell Sage Foundation
ISBN: 1610441915
Category : Law
Languages : en
Pages : 400

Book Description
Social science has been an important influence on legal thought since the legal realists of the1930s began to argue that laws should be socially workable as well as legally valid. With the expansion of legal rights in the 1960s, the law and social science were bound together by an optimistic belief that legal interventions, if fully informed by social science, could become an effective instrument of social improvement. Legal justice, it was hoped, could translate directly into social justice. Though this optimism has receded in both disciplines, social science and the law have remained intimately connected. Social Science, Social Policy, and the Law maps out this new relationship, applying social science to particular legal issues and reflecting upon the role of social science in legal thought. Several case studies illustrate the way that the law is embedded within the tangled interests and incentives that drive the social world. One study examines the entrepreneurialism that has shaped our systems of punishment from the colonial practice of deportation to today's privatized jails. Another case shows how many of those who do not qualify for legal aid cannot afford an effective legal defense with the consequence that economic inequality leads to inequality before the law. Two other studies look at the mixed results of legal regulation: the failure of legal safeguards to stop NASA's fatal 1986 Challenger launch decision, and the complicated effects of regulations to curb conflicts of interest in law firms. These two cases demonstrate that the law's effectiveness can depend, not only on how it is drafted, but also on how well it harmonizes with pre-existing social norms and patterns of self-regulation. The contributors to this volume share the belief that social science can and should influence legal policymaking. Empirical research is necessary to offset anecdotal evidence and untested assertions. But research that is acceptable to the academy may not stand up in court, and, as a result, social science does not always get a sympathetic hearing from legal decision makers. The relationship between social science and the law will always be complex; this volume takes a lead in showing how it can nonetheless be productive.

Philosophy of the Social Sciences

Philosophy of the Social Sciences PDF Author: C. Mantzavinos
Publisher: Cambridge University Press
ISBN: 1139479822
Category : Science
Languages : en
Pages :

Book Description
This volume is a unique contribution to the philosophy of the social sciences, presenting the results of cutting-edge philosophers' research alongside critical discussions by practicing social scientists. The book is motivated by the view that the philosophy of the social sciences cannot ignore the specific scientific practices according to which social scientific work is being conducted, and that it will be valuable only if it evolves in constant interaction with theoretical developments in the social sciences. With its unique format guaranteeing a genuine discussion between philosophers and social scientists, this thought-provoking volume extends the frontiers of the field. It will appeal to all scholars and students interested in the interplay between philosophy and the social sciences.

Law and the Social Sciences

Law and the Social Sciences PDF Author: Stanton Wheeler
Publisher:
ISBN: 9781610448833
Category : Law
Languages : en
Pages : 748

Book Description
The notion of law as a social phenomenon would have surprised educators and scholars a century ago. For them, law was a science and the library was the ultimate source of all legal knowledge. Our contemporary willingness to see law in a social context--reflecting social relations, for example, or precipitating social changes--is a relatively recent development, spurred during the last quarter century by the work of a generation of scholars (mostly social scientists and law professors) who believe the perspectives of the social sciences are essential to a better understanding of the law. Law and the Social Sciences provides a unique and authoritative assessment of modern sociolegal research. Its impressive range and depth, the centrality of its concerns, and the stature of its contributors all attest to the vitality of the law-and-society movement and the importance of interdisciplinary work in this field. Each chapter is both an exposition of its author's point of view and a survey of the pertinent literature. In treating such topics as law and the economic order, legal systems of the world, the deterrence doctrine, and access to justice, the authors explore overlapping themes--the tension between public and private domains, between diffused and concentrated power, between the goals of uniformity and flexibility, between costs and benefits--that are significant to observers not only of our legal institutions but of other social systems as well.

Legal Theory and the Social Sciences

Legal Theory and the Social Sciences PDF Author: MaksymilianDel Mar
Publisher: Routledge
ISBN: 1351560468
Category : Law
Languages : en
Pages : 594

Book Description
Ever since H.L.A. Hart's self-description of The Concept of Law as an 'exercise in descriptive sociology', contemporary legal theorists have been debating the relationship between legal theory and sociology, and between legal theory and social science more generally. There have been some who have insisted on a clear divide between legal theory and the social sciences, citing fundamental methodological differences. Others have attempted to bridge gaps, revealing common challenges and similar objects of inquiry. Collecting the work of authors such as Martin Krygier, David Nelken, Brian Tamanaha, Lewis Kornhauser, Gunther Teubner and Nicola Lacey, this volume - the second in a three volume series - provides an overview of the major developments in the last thirty years. The volume is divided into three sections, each discussing an aspect of the relationship of legal theory and the social sciences: 1) methodological disputes and collaboration; 2) common problems, especially as they concern different modes of explanation of social behaviour; and 3) common objects, including, most prominently, the study of language in its social context and normative pluralism.

American Legal Realism and Empirical Social Science

American Legal Realism and Empirical Social Science PDF Author: John Henry Schlegel
Publisher: Univ of North Carolina Press
ISBN: 0807864366
Category : History
Languages : en
Pages : 433

Book Description
John Henry Schlegel recovers a largely ignored aspect of American Legal Realism, a movement in legal thought in the 1920s and 1930s that sought to bring the modern notion of empirical science into the study and teaching of law. In this book, he explores individual Realist scholars' efforts to challenge the received notion that the study of law was primarily a matter of learning rules and how to manipulate them. He argues that empirical research was integral to Legal Realism, and he explores why this kind of research did not, finally, become a part of American law school curricula. Schlegel reviews the work of several prominent Realists but concentrates on the writings of Walter Wheeler Cook, Underhill Moore, and Charles E. Clark. He reveals how their interest in empirical research was a product of their personal and professional circumstances and demonstrates the influence of John Dewey's ideas on the expression of that interest. According to Schlegel, competing understandings of the role of empirical inquiry contributed to the slow decline of this kind of research by professors of law. Originally published in 1995. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

Comparative Methods in Law, Humanities and Social Sciences

Comparative Methods in Law, Humanities and Social Sciences PDF Author: Adams, Maurice
Publisher: Edward Elgar Publishing
ISBN: 1802201467
Category : Law
Languages : en
Pages : 288

Book Description
This cutting-edge book facilitates debate amongst scholars in law, humanities and social sciences, where comparative methodology is far less well anchored in most areas compared to other research methods. It posits that these are disciplines in which comparative research is not simply a bonus, but is of the essence.

After Method

After Method PDF Author: John Law
Publisher: Routledge
ISBN: 113429431X
Category : Science
Languages : en
Pages : 208

Book Description
John Law argues that methods don't just describe social realities but are also involved in creating them. The implications of this argument are highly significant. If this is the case, methods are always political, and it raises the question of what kinds of social realities we want to create. Most current methods look for clarity and precision. It is usually said that only poor research produces messy findings, and the idea that things in the world might be fluid, elusive, or multiple is unthinkable. Law's startling argument is that this is wrong and it is time for a new approach. Many realities, he says, are vague and ephemeral. If methods want to know and help to shape the world, then they need to reinvent themselves and their politics to deal with mess. That is the challenge. Nothing less will do.

Explanation and Experience in Social Science

Explanation and Experience in Social Science PDF Author: Robert Brown
Publisher: Transaction Publishers
ISBN: 1412823242
Category : Social Science
Languages : en
Pages : 209

Book Description
According to their critics, social scientists rarely ask the right questions and cannot provide satisfactory answers even to the questions they ask themselves. Social scientists often discuss the nature of knowledge in their fields with a notable lack of clarity. Explanation and Experience in Social Science by Robert Brown dispels the confusion with cogency and wit; it is a systematic, sensible, and lucid analysis of the nature of the explanations put forward by social scientists. Explanation-making is first distinguished from "describing" and "reporting," and then classified into different types, based on different kinds of information used. The greater part of the book consists in discussion and examination of these types of explanation and their relationships, in which the usefulness and limitations of each are assessed. An extraordinary variety of examples from contemporary work in all the social sciences is used, including the fields of sociology, anthropology, psychology, history, demography, political science. and economics. The author makes it clear that good social explanation is possible and that it conforms to the requirements of all good scientific explanation. Explanation and Experience in Social Science is of interest to the practicing scientist--in fact--it is a must-have for any personal or public library with collections in the social sciences. Most studies in the philosophy of the sciences, natural and social, fall into two distinct groups: those written by philosophers for other philosophers and those produced by scientists for their fellow-scientists. The aim of this book is to discuss questions of philosophical interest as they come to be imbedded in the work of social scientists. Robert Brown received a degree in anthropology at the University of New Mexico and did field studies among American Indians before taking up graduate work in anthropology and philosophy at the University of Chicago. He has been at the Australian National University, as well as a fellow of its Institute of Advanced Studies.

Social Science in Law

Social Science in Law PDF Author: John Monahan
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 634

Book Description