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
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