The disenchantment of the lore of law: Jacob Grimm's legal anthropology before anthropology

Ledvinka, Tomáš

doi:10.1080/07329113.2020.1755577

Cited by 3 publications

(2 citation statements)

References 35 publications

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“…An anthropological approach is a comprehensive approach to humans by studying various types of humans and also studying aspects of human experience (Ledvinka., 2020) . The method used is a holistic method.…”

Section: Anthropological Approachmentioning

confidence: 99%

Legal Research Method: Theoretical and Implementative Review

Hamzani,

Widyastuti,

Khasanah

et al. 2023

ijmst

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Legal research has methods like research in general. The process of legal research is adjusted to the legal events that occur. Legal research can be seen from various aspects. The purpose of writing this article is to describe the types, approaches, research data, data collection techniques, and data analysis methods in legal research. This research uses a conceptual approach which is still within the scope of the normative approach because it only examines the opinions that develop in the research method. The results of this study indicate that the type of legal research is divided into field research using primary data and library research using secondary data. Approaches in legal research are divided into normative, empirical, and philosophical approaches. Data in legal research is grouped into primary data which is obtained directly, and secondary data which is referred to as legal material. Data collection techniques depend on the type of research and data; Primary data was collected through observation, interviews, questionnaires, participation, and experimentation. Secondary data was obtained through offline and online searches. Methods of data analysis can be done qualitatively and quantitatively. Qualitative data analysis used content analysis, narrative analysis, discourse analysis, and interactive analysis methods. Quantitative data analysis using descriptive analysis method and inferential analysis method.

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Section: Anthropological Approachmentioning

confidence: 99%

Legal Research Method: Theoretical and Implementative Review

Hamzani,

Widyastuti,

Khasanah

et al. 2023

ijmst

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show abstract

“…Third, the "anthropological approach" is a holistic methodology that encompasses the investigation of diverse human species and facets of the human condition [17]. The approach utilized is holistic in nature.…”

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confidence: 99%

Implementation approach in legal research

Hamzani,

Widyastuti,

Khasanah

et al. 2024

IJAAS

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The use of a research approach in legal research will determine the results. There are three categories of approaches in legal research. The normative approach is the most widely used. This research aims to examine how the approach should be implemented in legal research. This research uses a conceptual approach which is still within the scope of the normative approach. Research data was collected by searching articles published in 23 law journals. The results of this research show that the approach to legal research is the use of perspective in discussing legal issues. There are three legal research approaches, namely normative, empirical, and philosophical approaches with all their variants. The normative approach reviews legal problems from a positive law perspective. The empirical approach examines legal problems as a cultural reality. A philosophical approach examines legal problems from an ideal perspective. The approach to legal research should be applied according to the type of research, research data, and level of research. The normative approach is the most widely used. This is because law is mostly understood as a set of rules. Sequentially, of the 256 articles studied, 70% of legal research used a “normative approach”, 19% empirical, and 11% philosophical.

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Královské lesy v Maiestas Carolina: Monumentalita krajiny a právní pluralismus v procesu utváření suverenity českého království

Ledvinka¹

2020

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De juribus regiis silvarum (On the Law of the Royal Forests) is a segment of an unrealised constitutional project for the Kingdom of Bohemia from the mid-fourteenth century (Maiestas Carolina) which is usually interpreted as a law to protect the Royal Forests from arsonists and other criminals to maintain the forests as a source of the king’s revenue. This paper reinterprets the regulation with the emphasis on the interconnection between the Royal Forests and the constitutional mythos of the inalienability of the Kingdom. It suggests that the designation of the Forests to protect the wild (trees, beasts and outlaws) was based not merely on reverence for the king but also on the seclusion of the landscapes from intensive human use by means of a robust material, military-bureaucratic infrastructure (castles, roads...) which was equally meant to establish the Forests as an autonomous and constitutive pillar of the Kingdom’s sovereignty. It shows how the monumental landscape of the Royal Forests acquired a specific legitimacy function in terms of heterogeneous space and legal pluralism in the Kingdom, which is contrasted to the national territoriality and House metaphorics of modern State sovereignty. The paper further analyses the remarkable societal arrangement of the Maiestas Carolina Forest Court, which represents a unique configuration for the resolution of conflicts between various legal units and micro-sovereignties situated within the landscape of the Kingdom.

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The disenchantment of the lore of law: Jacob Grimm's legal anthropology before anthropology

Cited by 3 publications

References 35 publications

Legal Research Method: Theoretical and Implementative Review

Legal Research Method: Theoretical and Implementative Review

Implementation approach in legal research

Královské lesy v Maiestas Carolina: Monumentalita krajiny a právní pluralismus v procesu utváření suverenity českého království

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