Tradition in Social Science is the social philosophy written early in life by the jurisprudent who became the preeminent public law jurist in France in the first quarter of the twentieth century, Maurice Hauriou. His work remains prominent in theorizing European Community as well as in Latin American jurisprudence. His studies concern three areas of research: legal theory, social science, and philosophy. In this book Hauriou first focuses on the object and method of the social sciences in a preliminary chapter. The main text is devoted first to a philosophy of history that uses the growth objectively in fraternity, liberty and equality as the criterion for progress; and next to the subjective elements of progress, namely, the recognition of a “pessimistic individualism” in which failure in conduct is to be expected, but is rectified by social institutions. This part closes with the dynamizing of his philosophy of history by evolution and alternation between two phases of social development, namely, middle ages and renaissances. The second part is the philosophy of social science built around social matter, where the dynamic of imitation is the motive force, and three social networks—positive, religious, and metaphysical—specify its consequences. The last of these, the political fabric, is provided with a final chapter of its own. The main doctrinal device that Hauriou developed for use in law was his theory of the institution; this is developed for the first time in the present work.
Legal, Sociological, Philosophical
Christopher Berry Gray
This book shows that Hauriou’s positivist and pragmatic jurisprudence and social theory, as well as their application to the study of institutions, is satisfactorily supported by his idealistic philosophy. The nine chapters first locate Hauriou’s influences, then situate his disciplinary methodologies within methodology in general. The central chapters concern each of the three methodologies in turn.
Edited by Michael J. Meyer
In recent years, there has been a continuing and persistent world-wide interest in the interaction between the two disciplines of law and literature. Although there have been many collections of primary texts that combined these two areas, this volume presents literary analyses and criticism in an attempt to assess the varied relationships between law and justice, between lawyers and clients, and between readers’ perceptions and authors’ intent, hopefully suggesting why they have continually been yoked together. One similarity between the two is that lawyers, like writers, must catch their audience’s attention by novelty of scene, distinctiveness of voice, and ingenuity of design. Furthermore, legal advocates must recreate a concrete sense of reality, developing vivid and valid pictures of a specific time and place. In short, both lawyers and writers attempt to provide a basis for juries / readers to judge defendants / characters by their motivations and their actions and to decide whether a favorable ruling / assessment is justified. Collectively, the essays in this book are designed to deal with themes of guilt and innocence, right and wrong, morality and legality. The essays also suggest that the world as it is delineated by lawyers is indeed a text that like its literary counterparts sometimes blurs the distinction between fact and fiction as it attempts to define “truth” and to establish criteria for “impartial” justice. By exploring interdisciplinary contexts, readers will surely be made more aware, more sensitive to the roles that stories play in the legal profession and to the dilemmas faced by legal systems that often succeed in maintaining the rights and privileges of a dominant societal group at the expense of a less powerful one.