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Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics , ethics , history , sociology , and political philosophy .
impacted by legislation, judicial decisions and juristic theories. The subject * of jurisprudence cannot be studied in isolation; requires a study of law in relation to different legal institutions, legal processes and inter-related study with other disciplines. The current review refers to the eighteenth edition of this book
Nov 24, 1983 · The chapter uses as a simple analogy of the rules of a game which at many vital points have the same puzzling logical structure as rules of law. It also describes four distinctive features which show the method of elucidation to be applied to the law and why the common mode of definition fails. It is only since philosophical attention has ...
- The Two Categories of Jurisprudence
- The Five Schools of Thought in General Jurisprudence
- Common Legal Theories
Analytical jurisprudence, which examines questions such as ‘What is the law?’.Normative jurisprudence, which examines questions such as ‘What is the purpose of the law?’ and ‘What is the value of the rule of law?’.Philosophical school of thought Philosophical jurisprudence is rooted in natural law – the belief that law is a logical extension of humanity’s inherent morals and common societal rules. Key contributors to this school of thought include: 1. Aristotle, the Greek philosopher who is widely considered to be the father of natural law. While Aristotle s...
Natural law. Natural law theory suggests that the law should be based on humanity’s intrinsic ethics and morals. It is the key theory within jurisprudence’s philosophical school of thought, and is...Legal positivism. Legal positivism is the dominant theory within the analytical school of thought. Positive law is effectively the antithesis to natural law, proposing that the law isn’t actually c...Legal realism. Legal realism is the foundation for the realist school of thought, and also has ties for the sociological school of thought. It contends that the law should be descriptive, and shoul...Critical legal studies. Critical legal studies is a relatively new theory that has developed over the past few decades. With ties to legal realism, it suggests that the law is contradictory, and is...Jurisprudence and Legal Theory. Harvard Law students learn many different ideas about jurisprudence and engage with diverse theoretical perspectives on the law, informed by different disciplines. In addition to offerings in Law and Economics, Law and Philosophy, and Law and Political Economy, and Legal History, students have opportunities to ...
Jun 6, 2017 · For Raz, legal theory is an attempt to get a clearer insight into an idea that is central to a community’s self-understanding. Hans Kelsen’s “pure theory of law” (reine Rechtslehre) (e.g., Kelsen 1992) can also be seen as a special form of analysis, one grounded on a neo-Kantian methodology. At its essence, Kelsen’s theory is an ...
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pendently of the juristic theory, to devise an institutional pattern which seems most likely to enable it to be performed to the maximum possible advantage. When the juristic theory is analysed from this angle, its nature and validity begin to assume a much more questionable form. Let us begin by remembering two things. Every state, from
