Taking the evolution of legal doctrine seriously: review of Katayoun Baghai, Social Systems Theory and Judicial Review: Taking Jurisprudence Seriously (Farnham: Ashgate, 2015. 188 pp. £65/£58.50)

摘要: The endeavour to take jurisprudence seriously is addressed by Baghai, a sociologist, those within her own discipline who fail engage with the internal understandings of law, most particularly exhibited discourse that accompanies appeal court decisions, namely helps establish and develop legal doctrine. In effect, book an for sociologists assign greater attention doctrine as object study. But such can also be interpreted request theorists study sociology – invitation bring sociology, or at least one version it, bear on their evolution This proposal faces considerable resistance from both sides this divide. Whilst Hart notoriously described Concept Law essay in analytical descriptive analytic tradition he sponsored has sought augment its academic credentials moving ever closer philosophy rather than sociology. With important exception Brian Leiter's arguments ‘naturalising jurisprudence’, general drift been towards prioritising philosophical methods over empirical insights. And some rapprochement not limited side law long approaching manner distances itself self-understandings participants system (lawyers especially judges). transfers turn into hostility which engaged self-understandings, willingness consider, high levels abstraction, whether consists rules, norms principles. Rather organising insiders' views conceptual schemes, then examining them coherence consistency, generated facts truths about laws lawyers, principally using (but other methods) contrasting these ‘truths’ lawyer's treating latter inferior form knowledge either disconnected reality ideological descriptive. It noticeably failed much central concern attempt identify separate entity society. considering existence unity, it focuses instead parts examples more sociological categories, studying profession professions courts, legislatures administrative agencies institutions organisations.