Mapping Legal Theory Essay

952 words - 4 pages

The theory of artifactualism and its perspectives
Artifactualism is a theory of law that develops upon the insights of legal realism and positivism, natural law and criticizes these theories at the same time. In a similar sense with the natural law, the theory of artifactualism recognizes the impossibility of conceiving of law without any reference to the social values that are reflected in, as well as enforced by law. The theory however, suggests that nothing is separate or ‘outside there’ about law. The artifactualists join the legal positivists in their opinion that law is made by human and that more focus should be on the tangible aspects of law. The artifactualists however ...view middle of the document...

Artifactualists argue that realism excludes some common structural aspects of the judiciary such as the homogeneity of the realists in terms of gender, race and class. According to Artifactualism, law should be viewed as a product of a set of interrelated social forces.
Our legal system condenses and reflects these politically important forces in some particular ways and at the same time, aiding in entrenching and forcing them as norms in the society. Artifactualists consider laws to be situated socially. Besides being reactive, they are also constitutive of the wider society where they operate. Artifactualism emphasizes that law revolves around power and is not just a reflection of things relating to power in the society but it legitimizes and constitutes these power relations. Power can be viewed as relational because it is negotiable between various groups of people in the society. According to artifactualism, law is not just considered as an instrument belonging to power elites in the modern societies, although supports and reflects their interests to a considerable level, but rather, it is viewed as a ground for struggle over the quality and meaning of societal existence. Despite these diverse jurisprudential views, it is possible to map out a trail, twisted most of the time and overgrown; suggesting that the way has been what might be referred to as ‘denaturalization’ and that we gradually come to realize that law does not have a trans-historical, universal qualities or a priori. It does not have any natural essence but rather, it is just a human construct. More significantly, artifactualism signals some particular sort of jurisprudential gestalt. Theoretically, the jurisprudential inquiry was conceptualized through a paradigm which became the morality/law framework.
From the discussion, all the perspectives of artifactualism (Marxism, Liberalism, Feminism, Critical Legal Studies and First Nations Legal Theory) have varying degrees of influence over artifactualism. I tend to think that critical studies have the...

Other Essays Like Mapping Legal Theory

Grren Hrm Essay

3939 words - 16 pages processes in HRM (from recruitment to exit), revealing the role that HR processes play in translating green HR policy into practice. The study also examines the nature and extent of Green HR initiatives undertaken by ITC Limited as a case study. The focus has shifted to Ability–Motivation– Opportunity (AMO) theory, revealing the role that Green human resource management (GHRM) processes play in people-management practice.The contributions of the

Alcohol & Ethics Essay

2759 words - 12 pages . Those distractions range from cellular phone use, televisions within the car, drivers who are not properly rested and even mapping companions. n 1997, The New England Journal of Medicine reported that motorists who use cell phones are four times more likely to crash, and equated their use with drunk driving. (Franklefield, 2000). The seriousness of the cell phone issue has even been noticed by driving instructors in California. "We've had

Information System

5398 words - 22 pages Information Legal Measurement Metric Multi-agent Nervous Nonlinear Operating Physical Political Sensory Social Solar Theoretical fields Chaos theory Complex systems Control theory Cybernetics Earth system science Living systems Sociotechnical system System dynamics Systems biology Systems ecology Systems engineering Systems neuroscience Systems psychology Systems science Systems theory Systems thinking World-systems theory Systems scientists

Policing and Society

5082 words - 21 pages Jeff Crowe Policing and Society Dr. Greenleaf March 6, 2015 Question 1 The broken windows theory in policing has changed the way many law enforcement agencies, along with the officers within them, have to look at crime. Police have always responded to crime, that is the belief and that has always been their job. What happens, though, when provided with an idea that expresses that crime can be more preventative just by looking at and

Be Assisment

3504 words - 15 pages ) Business Studies. Available at | |4. Times 100 Case Studies (1995-2013) The External Environment. Available at | | (accessed on 1.3.13

Harvard Reference

5382 words - 22 pages ........................................................................................................................................................................................................................ 50 Legal sources

Ethical Hacking

5637 words - 23 pages A Legal Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 401 APPENDIX B Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 413 APPENDIX C Virtualization and Ethical Hacking

The Separation Of Capital Ownership And Control

1577 words - 7 pages become more common as well, the so-called “agency problem” has been concerned and examined more frequently from wider aspects. The common theory agreed by literates is that they consider that hired managers do not have to act exactly as they promised to security holders to maximize wealth of the firm; instead, they will try to deviate by adding self-interest of their own (Macey 2008). Fama, however, argued that managers should behave rationally and

The Versatility And Flexibility Of OLED's

1014 words - 5 pages In April 1, 2002, organic light emitting diodes gain rise in the scientific community with their published, more practical form at Ames Laboratory. “Scientists at the U.S. Department of Energy's Ames Laboratory, in collaboration with scientists at the University of Michigan, Ann Arbor, have developed and demonstrated a novel, fluorescence-based chemical sensor that is more compact, versatile and less expensive than existing technology of its

Comparing The Moral Virtues Of Antony And Julian The Apostate

1103 words - 5 pages Roman emperor Julian the Apostate and Christian leader Antony both exhibited many qualities of character during their existence. Both of them led very distinctive lives although shared several ethical values. Book 25 of “The Later Roman Empire” and the book “Early Christian Lives” show concrete evidence of this. In the following essay, I will argue how both leaders’ lives were devoted to their religious beliefs and their mutual cardinal virtues

Living In A Cashless Society

1637 words - 7 pages Money in a traditional sense no longer exists. Money is becoming much of a concept than a physical material, and most ordinary bitter have not see the reality of the switch. People today are using credit and debit cards on a regular basis and in everyday situations such as meal purchased at fast food, highway tolls, clothing, groceries, gas stations, etc. all of these means of systems could be regarded as a cashless society or world. The question

Related Papers

Corporate Social Responsibility Essay

2047 words - 9 pages Running head: TITLE RUNNING HEAD Use “Update Page Layout” to Change the Title Corporate Social Responsibility   Business organizations in a capitalist economy operate in a fiercely competitive environment. What they believe to be the aims of a capitalist corporation and what they consider to be their duty is defined by two major norms. The “free market” theory claims that the job of any free organization is to maximize profit with a

The Impact Of Technology Upon The Course Of Trial

5503 words - 23 pages trial lawyers three broad tasks are investigation, suppression, and presentation: find convincing evidence; suppress what is harmful while admitting what is helpful; and seize the jurys attention by powerful trial theatre. Computer technology has, however, changed the way that juries think, the legal categories for suppression, and the means for finding the smoking gun. But suppression and investigation are mere tools to reach the jury. The digital

Crop Improvement Essay

2075 words - 9 pages theory of inheritance involved the concept of blending. Mendel unraveled the basic concept of inheritance and clearly showed that characters in the pea were due to elements, later called genes, that remained unaltered as they were inherited. Many characters in peas, such as tallness and dwarfness, were shown to be controlled by a pair of genes, of which one member was not always expressed (the concept of dominance and recessiveness). Mendel

A Case Study Of Children In A Year 3 Primary School Class

3825 words - 16 pages imperative that the research does not impact upon the child with SLI and as such using all of the children as the case will ensure that the research will not draw undue attention to the child with SLI, a process which may have a detrimental impact upon the child’s interaction with their peers. The research proposal is based upon the principal of grounded theory, therefore the data produced from the first collection tool will be analysed and any