Sociological Jurisprudence Past and Present

Tamanaha, Brian Ζ.

doi:10.1017/lsi.2019.26

Cited by 8 publications

(6 citation statements)

References 51 publications

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“…He stepped up from the stone to the pinnacle of legal philosophy. He expanded the role of jurists to touch on the real world instead of abstract debates in legal philosophy that consisting of individual interests, public interests, and social interests would enhance the protection of migrant workers since the law is a powerful weapon for advancing society [43]. As a result, the process of legal legislation would be a beneficial approach for Thailand regarding ratifying the ICRMW toward Conventions No.…”

Section: Figure 1 Flow Chart Of Research Methodologymentioning

confidence: 99%

Ratification of ICRMW toward the ILO Conventions amid COVID-19 in Thailand

Laikram

Pathak

2022

Emerg Sci J

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Globalization has opened the avenues for the world to come together and attain sustainable growth. Migrant workers are a lifeline for several countries' labour forces and productivity. However, in Thailand, the rights of these migrants are restricted due to the non-ratification of the International Convention on the Protection of the Rights of Migrant Workers and Family Members (ICRMW). This research explores and analyzes various factors essentially responsible for the ratification of ICRMW in Thailand. The methodology adopted is the mixed method. The collected data were analyzed based on a socio-legal approach, with qualitative and quantitative tools and techniques combined: the strength, weakness, opportunity, and threats (SWOT) technique was integrated into the analytic hierarchy process (AHP) (SWOT-AHP). The findings suggest that Thailand has not yet ratified the ICRMW conventions, including ILO C-87 and ILO C-98, thus depriving migrant workers of protection. They are not protected by national law and are not entitled to equal protection as nationals: for instance, foreign workers are forbidden from migrating to the established labour unions and enjoying medical benefits and salaries. All these must be consistent with the conventions, particularly the Labor Protection Act, B.E. 2541 (1998) and the Labor Relations Act B.E. 2518 (1998). The novelty of this research is the analysis of the domestic and international laws in the Thai context, which depicts the need for ratification of ICRMW to protect migrant workers and their families. The findings can pave the way for similar future research in other ASEAN member countries. Doi: 10.28991/esj-2022-SPER-014 Full Text: PDF

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Section: Figure 1 Flow Chart Of Research Methodologymentioning

confidence: 99%

Ratification of ICRMW toward the ILO Conventions amid COVID-19 in Thailand

Laikram

Pathak

2022

Emerg Sci J

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“…During the last quarter of the nineteenth century as well as the early twentieth century, the United States underwent enormous and quick shifts, including the emergence of massive industrial companies, the progression of state and federal bureaucracies and their operations, the development of large metropolises, the spread of electricity, improvements in modes of transportation and communication, and much more. A string of financial depressions contributed to the period's extreme social unrest and instability (Tamanaha, 2020).…”

Section: Roscoe Pound's "Law In Books" and "Law In Action"mentioning

confidence: 99%

“…Law, which would be set in stone by stare decisis and enduring doctrines, changes more slowly than the socioeconomic realities and public sentiment (Harding, 2016). Pound reasoned that research into the interaction between law and society will help identify the existence of and explanations for "law in books and law in action"-namely gaps between the stipulated legal rules, what legal officials do in regards to the norms, and real social behaviour in the society that the rules are intended to regulate (Nelken, 1984;Tamanaha, 2020).…”

Section: Roscoe Pound's "Law In Books" and "Law In Action"mentioning

confidence: 99%

Revisiting Pound’s Law in Action and Ehrlich’s Living Law to Find the “Gap”: A Compilation of Lecture Notes

Tan

2022

JJR

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Finding research “gaps” is an important aspect that must always be done when starting research. Especially if the research is a sociological research. This article aims to shed light on the sociological approach in legal research into approaches, namely the Sociology of Law approach and the approach of Socio-legal Studies. These two approaches have different and unique ways of defining research “gaps.” This article will examine using empirical methods that rely on primary and secondary data, as well as inductive methods to analyze data. A comparison will also be made between Ehrlich’s “living law” and Pound’s “law in action” so that the differences between the two ideas can be found so that in the future, future researchers will not consider the two ideas identical.

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“…Bukan hanya itu, titik perbedaan yang cukup mencolok antara Sociological jurisprudence dan pendekatan teoretis lainnya adalah dapat dilihat dalam 5 poin berikut ini 29 : a. Sociological jurisprudence memandang bahwa hukum harus dilihat dari kerja hukum yang sebenarnya bukan sekedar konten metafisis semata; b.…”

Section: Hasil Dan Pembahasan Sekilas Memahami Sociological Jurisprudenceunclassified

Peran Sociological Jurisprudence Dalam Menciptakan Keefektivitasan Hukum Melalui Living Law

2021

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The concept of Sociological jurisprudence has the view that as a product created by society, law also aims to protect the interests and satisfy society, which in turn becomes a means of controlling society itself. The purpose of the study or research in this article is to achieve these goals effectively. Through doctrinal research methods with a conceptual and statutory approach, the results and findings of this study indicate that effective law is the law that carries out its functions properly and correctly. And to achieve that, the effectiveness of the law can be realized through four things, namely by the values prevailing in society, social facts, the aspirations of the community and also the interests of society in the making, interpretation, and application of legal regulations against Public

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Sociological Jurisprudence Past and Present

Cited by 8 publications

References 51 publications

Ratification of ICRMW toward the ILO Conventions amid COVID-19 in Thailand

Ratification of ICRMW toward the ILO Conventions amid COVID-19 in Thailand

Revisiting Pound’s Law in Action and Ehrlich’s Living Law to Find the “Gap”: A Compilation of Lecture Notes

Peran Sociological Jurisprudence Dalam Menciptakan Keefektivitasan Hukum Melalui Living Law

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