著者

田嶌 和久

出版者

立正大学

雑誌

立正大学文学部研究紀要 (ISSN:09114378)

巻号頁・発行日

vol.7, pp.64_a-51_a, 1991-03-20

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The primary significance of the so-called "order-problem" seems that this "problem" clarifies the contents of the macro-theory (analysis) of sociology. The purpose of this paper is to show the contents of the "theory of sociology of law" at the macro-theory of sociology through the following analysis : (1) To explain the outline of "oder problem in the modern states" and "justification in modern states". This explanation makes it clear that the shortcomings of Offers' theory. (2) To show the element that distinguishes Schmitts' theory from other sociologists (especially, Habermas, Luhmann, Offe). This element must be the center of the "theory of sociology of law". (3) To examine Schmitts' "theory of law". This examination makes it clear that Schmitts' "theory of law" complements Webers'.