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Jurisprudence or legal theory is the theoretical study of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and provide a deeper understanding of legal reasoning, legal systems, legal institutions, and the role of law in society.
Friedrich Carl von Savigny was a German jurist and historian.
The following outline is provided as an overview of and topical guide to commercial law:
In corporate governance, codetermination is the practice of workers of an enterprise having the right to vote for representatives on the board of directors in a company. It also refers to staff having binding rights in work councils on issues in their workplace. The practice of board level representation is widespread in developed democracies. The first laws requiring worker voting rights include the Oxford University Act 1854 and the Port of London Act 1908 in the United Kingdom, a voluntary Act on Manufacturing Companies of 1919 in Massachusetts in the United States, and the Supervisory Board Act 1922 in Germany, which codified collective agreement from 1918. Most countries with codetermination laws have single-tier board of directors in their corporate law, while a number in central Europe have two-tier boards. Most laws apply to companies over a certain size, from Denmark at 20 employees, to Germany over 500 and 2000, to France over 5000 employees. Sweden has had a law of codetermination since 1980.
Otto Friedrich von Gierke was a German legal scholar and historian. In his four volume magnum opus entitled Das deutsche Genossenschaftsrecht, he pioneered the study of social groups, and the importance of associations in German life, which stood between the divide of private and public law. During his career at the Berlin University's law department, Gierke was a leading critic of the newly drafted German Civil Code, arguing that it had been moulded in an individualistic frame that was inconsistent with German social traditions. He helped to advance the concept of social law, over the classical division of public law and private law.
Georges Gurvitch was a Russian-born French sociologist and jurist. One of the leading sociologists of his times, he was a specialist of the sociology of knowledge. In 1944 he founded the journal Cahiers internationaux de Sociologie. He held a chair in sociology at the Sorbonne in Paris. An outspoken advocate of Algerian decolonization, Gurvitch and his wife were the victim of terrorist attack by the far-right nationalist group, L'O.A.S on June 22, 1962. Their apartment was destroyed by a bomb, and they took refuge for a time at the house of painter Marc Chagall.
Rechtsstaat is a doctrine in continental European legal thinking, originating in German jurisprudence. It can be translated into English as "rule of law", alternatively "legal state", "state of law", "state of justice", "state of rights", or "state based on justice and integrity".
The Law of France refers to the legal system in the French Republic, which is a civil law legal system primarily based on legal codes and statutes, with case law also playing an important role. The most influential of the French legal codes is the Napoleonic Civil Code, which inspired the civil codes of Europe and later across the world. The Constitution of France adopted in 1958 is the supreme law in France. European Union law is becoming increasingly important in France, as in other EU member states.
The sociology of law is often described as a sub-discipline of sociology or an interdisciplinary approach within legal studies. Some see sociology of law as belonging "necessarily" to the field of sociology, but others tend to consider it a field of research caught up between the disciplines of law and sociology. Still others regard it neither a subdiscipline of sociology nor a branch of legal studies but as a field of research on its own right within the broader social science tradition. Accordingly, it may be described without reference to mainstream sociology as "the systematic, theoretically grounded, empirical study of law as a set of social practices or as an aspect or field of social experience". It has been seen as treating law and justice as fundamental institutions of the basic structure of society mediating "between political and economic interests, between culture and the normative order of society, establishing and maintaining interdependence, and constituting themselves as sources of consensus, coercion and social control".
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Sir Otto Kahn-Freund QC was a scholar of labour law and comparative law. He was a professor at the London School of Economics and the University of Oxford.
Hugo Sinzheimer was a German legal scholar, and author of the Weimar Constitution. He was a leading proponent of the concept of social law.
Wilhelm Eduard Albrecht was a German constitutional lawyer, jurist, and docent. Albrecht was most notable as a member of the Göttingen Seven, a group of academics who in 1837 protested against the abrogation of the constitution of the Kingdom of Hanover by King Ernest Augustus.
Paul-Louis Huvelin (1873–1924), generally known as Paul Huvelin, was a French legal historian.
Léon Duguit (1859–1928) was a leading French scholar of public law. After a stint at Caen from 1882 to 1886, he was appointed to a chair of constitutional law at the University of Bordeaux in 1892, where one of his colleagues was Émile Durkheim.
Law commonly refers to a system of rules created and enforced through social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.
Carl Baudenbacher is a Swiss jurist. He has served as a judge of the EFTA Court from September 1995 to April 2018 and was the court's president from 2003 to 2017. He was a full professor at the University of St. Gallen from 1987 to 2013 and a permanent visiting professor at the University of Texas at Austin School of Law from 1993 to 2004.
Codetermination in Germany is a concept that involves the right of workers to participate in management of the companies they work for. Known as Mitbestimmung, the modern law on codetermination is found principally in the Mitbestimmungsgesetz of 1976. The law allows workers to elect representatives for almost half of the supervisory board of directors. The legislation is separate from the main German company law Act for public companies, the Aktiengesetz. It applies to public and private companies, so long as there are over 2,000 employees. For companies with 500–2,000 employees, one third of the supervisory board must be elected.
Hans Carl Nipperdey was a German labour law expert who worked as the president of the Federal Labour Court from 1954 to 1963. He was a controversial figure due to his close association with his complicit work with Nazi government from 1933, his membership of the Academy for German Law, and his work to systematise Nazi labour laws through his commentaries with Alfred Hueck.
Lucien François is a Belgian lawyer.
References
- Otto von Gierke, The Social Role of Private Law (2016) translated and introduced by E McGaughey, originally Die soziale Aufgabe des Privatrechts (Berlin 1889)
- Léon Duguit, Le droit social, le droit individuel et la transformation de l’état (1911)
- Max Weber, Economy and Society (1922) translation edited by G Roth and C Wittich (1978) vol II, ch IX, viii, 886
- Hugo Sinzheimer, 'Chronik von Juni 1929' in T Ramm, Die Justiz. Einer Chronik (1968) 180
- G Gurvitch, 'The Problem of Social Law' (1941) 52(1) Ethics 17
- Gunther Teubner, Juridification of Social Spheres: A Comparative Analysis in the Areas of Labor, Corporate, Antitrust and Social Welfare Law (1987)
- G Gurvitch, L’idee du droit social (1932), G Radbruch, Der Mensch im Recht (1957)
- D Grimm, Solidarität als Rechtsprinzip (1973)
- A Seifert, ‘Von der Person zum Menschen im Recht - zum Begriff des sozialen Rechts bei Hugo Sinzheimer’ (2011) 1(2) Soziales Recht 62
- E Eichenhofer, ‘Soziales Recht - Bemerkungen zur Begriffsgeschichte’ (2012) 2(2) Soziales Recht 76
- Ruth Dukes, The Labour Constitution: The Enduring Idea of Labour Law (2014) 15-16