法律现实与社会现实(Legal reality and social reality)

发布者:宋程发布时间:2018-03-16浏览次数:459

法律现实与社会现实Legal reality and social reality

主 讲 人Keith Hawkins       Emeritus Professor of Law and Society, Fellow of Oriel College, Faculty of Law, University of Oxford (UK)

点:文治楼615

间:2018319日(周一)下午1300—14:30

言:英语

讲座内容提要:Law has its own conception of reality and this lecture will show how law’s conception often differs from ordinary social conceptions of reality. Law has its own distinctive concepts, language, and methods. It also has its own particular practices and institutions: its focus upon adversarialism and the concern with doing justice are notable here. Doing justice can be regarded as merely one aim of the law – admittedly an important aim – which is associated with adjudication, a special form of legal decision-making. Lawyers, indeed, typically regard legal decision-making in terms of adjudication. In reality, however, other institutionalised forms of legal decision-making are frequently used, in the form of types of arbitration and mediation. These approaches can be regarded as attempts to bring the formal legal process closer to social conceptions of reality and they have various advantages and disadvantages which will be discussed. Negotiation, in contrast, is a non-institutionalised form of legal decision-making, and one that pervades the administration of systems of public and private law in England.

主办: 中南财经政法大学法学院