Social Science and Global Law
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Wise, Kenneth L.
FIRST PARAGRAPH(S)|The global social order would seem to be in jeopardy, not only because of the contemporary confluence of ecological, economic, and military challenges, but also because of the failure of social scientists to answer their founding questions on human nature, method, and progress. In trying for answers they have shown empirically a gap between what the law says and what its subjects do. More specifically, legal scholars have argued that rules, to be rules and thereby regulate behavior to maintain social order, must not be entirely descriptions of the present behavior. Both social scientists and legal scholars agree that rules inferred solely from descriptions of the present will fall behind change in behavior and will, like rules postulated too far ahead of behavior, detract from faith in the legal order by undercutting the law's predictive capacity. In the name of global order, legal and social, one wonders just where to strike a pose between contemporary international behavior and a nascent system of global law...
14 Creighton L. Rev. 1355 (1980-1981)
Creighton University School of Law