Jurisprudence

Jurisprudence
“Jurisprudence is the study and theory of law. It includes principles behind law that make the law. Scholars of jurisprudence, also known as jurists or legal theorists (including legal philosophers and social theorists of law), hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems, and of legal institutions. Modern jurisprudence began in the 18th century and was focused on the first principles of the natural law, civil law, and the law of nations.[1] General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems in two rough groups:[2]

1) Problems internal to law and legal systems.
2) Problems of law as a particular social institution as law relates to the larger political and social situation in which it exists.

Answers to these questions come from four primary schools of thought in general jurisprudence:[2][3]

* Natural law is the idea that there are rational objective limits to the power of legislative rulers. The foundations of law are accessible through reason and it is from these laws of nature that human-created laws gain whatever force they have.[2]
* Legal positivism, by contrast to natural law, holds that there is no necessary connection between law and morality and that the force of law comes from some basic social facts. Legal positivists differ on what those facts are.[4]
* Legal realism is a third theory of jurisprudence which argues that the real world practice of law is what determines what law is; the law has the force that it does because of what legislators, lawyers and judges do with it.
* Critical legal studies are a younger theory of jurisprudence that has developed since the 1970s. It holds that the law is largely contradictory, and can be best analyzed as an expression of the policy goals of a dominant social group.[5]”
https://en.wikipedia.org/wiki/Jurisprudence

 

Jurisprudence
“Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal philosophers, hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions. As jurisprudence has developed, there are three main aspects with which scholarly writing engages:

* natural law is the idea that there are unchangeable laws of nature which govern us, and that our institutions ought to match this natural law
* analytic jurisprudence asks questions like, “what is law?” “What are the criteria for legal validity?” or “what is the relationship between law and morality?” are other questions that legal philosophers may engage with
* normative jurisprudence asks what law should be like. It overlaps with moral and political philosophy, and includes questions of whether we should obey the law, on what grounds law-breakers might properly be punished, the proper uses and limits of regulation

Modern jurisprudence and philosophy of law is dominated today primarily by Western academics. The ideas of the Western legal tradition have become so pervasive throughout the world that it is tempting to see them as universal. Historically, however, many philosophers from other traditions have discussed the same questions, from Islamic scholars to the ancient Greeks.”
https://simple.wikipedia.org/wiki/Jurisprudence

 

What Are Rights? Duty & The Law

 

Introduction to Jurisprudence – Part 1
“Introduction to a series of five videos about jurisprudence, the philosophy of law.”

What is Jurisprudence?

 

 

Natural Law Theory: Crash Course Philosophy #34

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