This book engages the field of practice theory in order to consider law as a social practice.
Taking up the theoretical concept of practices, the contributors to this volume maintain that law can be fruitfully understood as one among other social practices. Including perspectives from philosophers of language, experts in practice theory, linguists and legal philosophers, the book examines the twin questions of what it means for law to be considered a practice, and what laws place is among other social practices. The book is comprised of three parts. The first provides a broad methodological framework for discussing how the concept of practice is used in the social sciences, and in law. The second deals with specific problems arising from the use of the concept of practice in the legal context, and from the intersection of different social practices. The third part identifies and addresses the consequences of applying insights from practice theory to law. Together, they offer a comprehensive consideration of what is at stake in understanding law as a social practice.
This book will appeal to sociolegal scholars, sociologists of law, philosophers of language and action, as well as philosophers of law and legal theorists.
Chapter 15 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution (CC-BY) 4.0 license.
Chapter 8 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-ShareAlike (CC-BY-SA) 4.0 license.
1. Why Practice Theory and Law? Introduction Maciej Dybowski, Weronika
Dzigielewska, Wojciech Rzepiski Part I: Making Practices Explicit
2. The
Concept of Practice and Its Complications Kjeld Schmidt
3. Rethinking
Social Theory with Inspiration from Practice Theory and Pragmatism Anders
Buch
4. Inside Human Practices Jaroslav Peregrin
5. Science of Law as the
Pragmatic Meta-Vocabulary: Explaining Legal Concepts via Practices Maciej
Dybowski Part II: Law as an Explicit Practice
6. Laws Authority: Authorizing
or Obligating? A Comment on the Planning Theory of Law George Pavlakos
7.
Legal Positivism and the Concept of Practice Jesus Vega
8. Conventions,
Recognition, and the Practical Point of View Sebastián Figueroa Rubio
9.
Human Agency and Law as a Social Practice Yarran Hominh
10. Justifiability of
Judicial Decisions, Skeptical Solution and Descriptivist Picture of Legal
Discourse Micha Wieczorkowski Part III: Disentangling Legal Practice
11.
Normative Change in the Legal Practice Weronika Dzigielewska
12. Intuition
and Judicial Morality in Hard Cases Tomasz Zygmunt-Gruszka
13. Normative Folk
Psychology and Legal Practice Maciej Próchnicki
14. Situations and Attitudes
within Legal Practices Wojciech Rzepiski
15. The Implicit and Fundamental
Normative Structure of Legal Practices: Practical Attitudes of Recognition
and Practical Attitudes of Acceptance Pedro Caballero Elbersci
Maciej Dybowski is Assistant Professor at Adam Mickiewicz University, Pozna, Poland.
Weronika Dzigielewska is PhD Candidate at Adam Mickiewicz University, Pozna, Poland.
Wojciech Rzepiski is PhD Candidate at Adam Mickiewicz University, Pozna, Poland.
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