PERSPECTIVES ON THEORY OF LEGAL INTERACTIONISM
PERSPECTIVES ON THEORY OF LEGAL INTERACTIONISM
Author(s): Paul PopaSubject(s): Law, Constitution, Jurisprudence, Philosophy of Law, Sociology of Law
Published by: Studia Universitatis Babes-Bolyai
Keywords: rule of law; legal philosophy; legal sociology; legal interactionism;
Summary/Abstract: To clarify the nature and existence of the norm, we need to be aware of the domains through which it can be analysed. Wibren van der Burg, through the theory of legal interactionism, considers that the study of the norm, construction and its effects must be achieved through three main areas: legal sociology, legal philosophy and as a measure of completion and uniformity, the legal doctrine. An interdisciplinary approach leads to the best conclusions; otherwise four debates have emerged between the three disciplines in the understanding and interpretation of the norm. First of all, the distinction between the norm written(institutional) and the norm practised(interactive). Philosophers and lawyers support institutional norm theory, while sociologists embrace the interactive norm.
Journal: Studia Universitatis Babes Bolyai - Iurisprudentia
- Issue Year: 63/2018
- Issue No: 4
- Page Range: 112-129
- Page Count: 18
- Language: English