1st Edition
Practice Theory and Law On Practices in Legal and Social Sciences
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 law’s 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.
1. Why Practice Theory and Law? Introduction
Maciej Dybowski, Weronika Dzięgielewska, Wojciech Rzepiński
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. Law’s 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
Michał Wieczorkowski
Part III: Disentangling Legal Practice
11. Normative Change in the Legal Practice
Weronika Dzięgielewska
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 Rzepiński
15. The Implicit and Fundamental Normative Structure of Legal Practices: Practical Attitudes of Recognition and Practical Attitudes of Acceptance
Pedro Caballero Elbersci
Biography
Maciej Dybowski is Assistant Professor at Adam Mickiewicz University, Poznań, Poland.
Weronika Dzięgielewska is PhD Candidate at Adam Mickiewicz University, Poznań, Poland.
Wojciech Rzepiński is PhD Candidate at Adam Mickiewicz University, Poznań, Poland.
