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The Analysis Of Black’ Sociological Theory Of Justice

Posted on:2013-08-14Degree:MasterType:Thesis
Country:ChinaCandidate:F ZhangFull Text:PDF
GTID:2256330395988691Subject:Legal theory
Abstract/Summary:PDF Full Text Request
This paper is mainly to judicial interpretation and analysis of the Donald Blake’s thesociological theory, judicial sociology theory is pure black law sociology thought in thejudicial practice in the specific application and development. He is the legal sociologyresearch has opened up a whole new horizon, make the person finds everything new and fresh.At present, most of scholars to black law sociology of pure thought has been made very greatachievements. This paper in the present law sociology of pure academic thoughts of theexisting research results, on the basis of the theory of black judicial sociology a more detailedand comprehensive analysis. This can not only make us more profound understanding of pureblack law sociology thought essence, also can let us more clearly see that the judicial buildingblack sociological theory system and good bitterness work hard for judicial theory andpractice is to provide a new thinking framework. In to black, judicial sociological theories onthe basis of analysis, we can find a analysis and research of the laws of the new horizon, italso can see in the judicial practice have too much social factors and interference in thejudiciary of the judgment of the operation and the results.Judicial sociological theory mainly around the social structure of the case to be analyzed,which in the case of social field direction and location. In judicial practice, influence theresults of the case is really too many social factors, so how to cut these social factors on thenegative impact of the judicial referee nature to become the focus of attention of the judicialsociological theory. Judicial sociology theory is that, the law is to have the relativity, as thecase of the social structure of the different and show differences. Only in the case of socialstructure is roughly same, same case law on the same treatment, similar case similar to theconclusion of processing was established. In the black professor view, traditional sense oflegal research has two dimensions of the entity that the dimension of the dimension and theprogram, and his judicial sociological theory is the understanding of the modern social law isthe third dimension of the legal sociology dimension, from the community to understand thelaw, away from society, the law will be not understood.This paper is divided into five parts. The first part: the introduction parts of the system ofthe thesis discusses the reasons and the implications of the research, the domestic and foreignresearch dynamic and research contents and the research methods and content; The secondsection, expounds the judicial sociological theory of black generation and development, from theory to comb a sociological theory of justice black train of thought; Part3: is the focus ofthis article, and a comprehensive analysis of the black judicial sociology theory. Mainlyincludes the following two aspects: as the legal behavior of the science of theory analysis; Thecase of the social structure decided to judicial sociological theories of microscopic analysis;Part four: the social structure factors on the proposed to reduce the negative impact of thejudicial specific countermeasures. Need to adopt measures from three aspects: the law ofcooperation; The socialization of justice; The legalization of the society; Part5: is to black,judicial evaluation of sociological theory, the paper analyzes the theoretical contributions inblack and the judicial sociological theory and limitations of the ideal and reality in the doubletrouble. The conclusion is to black, judicial sociological theory summary and reflection.This research mainly adopts text intensive reading and the method of combining thecomparative study, at the same time, with the domestic and foreign relevant scholars therelated research achievements.
Keywords/Search Tags:Black, Sociology of law, Sociological theory of justice, Social structure ofcase
PDF Full Text Request
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