Law and Morality

Petrażycki, Leon

doi:10.4159/harvard.9780674434400

Cited by 41 publications

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“…This is often part of "contractual relations of reciprocity" between the spirits and humankind [63]. The "contractual relations of reciprocity" is just one example of the "legal relationship" that humans have with spirits [64] in which humankind does not hold a place of natural authority. In this sense, the spirits in Vhutanda SNS place ritual behavioural demands on custodians or humankind, and in return, humankind receives blessings, protection, rain, good health, governance and anything that they may desire.…”

Section: Discussionmentioning

confidence: 99%

Conservation Effects of Governance and Management of Sacred Natural Sites: Lessons from Vhutanda in the Vhembe Region, Limpopo Province of South Africa

Sinthumule

2022

IJERPH

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Scholarly discourse on sacred natural sites (SNS) has focused on ecological significance, associated impacts and traditional practices as the instruments of resource governance and management. As a result, little scholarship has examined the role of spirits in governing and managing SNS; these are inhabited by deities or numina, commonly known as nature spirits. This study aims to provide evidence of the importance of governance by spirits as a prerequisite for protecting biophysical resources. Data were collected through semi-structured interviews and observation. The respondents were selected through a purposive sampling approach. The author also attended a funeral that was held at one of the SNS discussed in this article. The collected data were analysed through a thematic content analysis. The study shows that, for biodiversity to be protected, there should be a good relationship between humankind and the spirits. The spirits place behavioural demands on humankind involving the performance of rituals. Ritual behaviour empowers the spirits to be placed as owner of SNS and to guard against intruders. In return, humankind receives blessings, protection, patronage and governance. The governance by spirits is complemented by traditional practices. I conclude that governance by spirits should be recognised both locally and internationally.

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Section: Discussionmentioning

confidence: 99%

Conservation Effects of Governance and Management of Sacred Natural Sites: Lessons from Vhutanda in the Vhembe Region, Limpopo Province of South Africa

Sinthumule

2022

IJERPH

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“…In this context, Leon Petrazycki, for instance, defined law as an`imperative-attributive system' 69 and Gurvitch described the function of social symbols as intermediaries`expressing spiritual values embodied in social facts' 70 and eventually connecting the normative order of positive law with`the deepest of all levels of social reality, the level of the collective mind itself.' 71 The instrumental/symbolic rationality, imperative/attributive, facticity/ normativity, and other distinctions are further illustrated by the functionalist view of law as a positive normative system in which, unlike other normative systems, the idea of justice is materialized.…”

Section: Transvaluation Of Socio-legal Studies and Their Contemporarymentioning

confidence: 99%

A Sociology of Legal Distinctions: Introducing Contemporary Interpretations of Classic Socio‐legal Concepts

Priban

2017

Journal of Law and Society

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In this introduction to Main Currents in Contemporary Sociology of Law, I briefly comment on the current state of socio‐legal studies and sociology of law and reasons leading to this collection of essays. I subsequently focus on some general problems which constantly recur in different socio‐legal contexts, especially on the sociological critique of legal formalism and the closely related distinctions between internal and external perspectives of law and legal facts and values. Discussing these classic distinctions, I argue that they are an intrinsic part of both legal and sociological interpretations of positive law. Sociology of law, therefore, cannot resolve theoretical and methodological dilemmas associated with them, yet it can rethink and reformulate them to better understand its own position as a social science of positive law in contemporary society.

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“…62 It is possible to use the term "law" for labeling different mechanisms of social control, for grouping such realities which were sometimes described in the terms of "thieves' law", "children's law" under this heading. 63 Such uses of this term do not prove any factual similarity between the functions exercised by official (state) and unofficial (non-state) systems (to use the vocabulary of Alchourron and Bulygin 64 ). Nor has it proved the normative equivalence of these systems.…”

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confidence: 99%

Global Legal Pluralism: A New Way of Legal Thinking

Antonov

2013

SSRN Journal

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The subject matter of this article is the terminology which is used in contemporary law and sociological jurisprudence to denote changes in legal regulation. Among the most fashionable terms are those of globalization and pluralism. In the author's opinion, these two terms indicate diverse phenomena and have different tasks. Pluralism is a concept allowing the description and explication of various legal facts, institutions, relations which are not generally recognized in state-centered theory of law. Globalization is a common name for the distinctive characteristics which distinguish the present-day Western civilization from other civilizations. The amalgamation of these two different aspects into one set of methods and ideas inspired by the need to explain modernity does not lead to the formation of a new methodology or of a scientific conception. Rather globalization talks about plurality in contemporary law having another functionto describe the changing mentality, new ways of legal thinking which are growing in the Western world. These changes have repercussions in many fields of science, i.e. in a new understanding of such traditional concepts as sovereignty.JEL Classification: K1.

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Law and Morality

Cited by 41 publications

References 0 publications

Conservation Effects of Governance and Management of Sacred Natural Sites: Lessons from Vhutanda in the Vhembe Region, Limpopo Province of South Africa

Conservation Effects of Governance and Management of Sacred Natural Sites: Lessons from Vhutanda in the Vhembe Region, Limpopo Province of South Africa

A Sociology of Legal Distinctions: Introducing Contemporary Interpretations of Classic Socio‐legal Concepts

Global Legal Pluralism: A New Way of Legal Thinking

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