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Analytical Jurisprudence
Analytical jurisprudence is a philosophical approach to law that draws on the resources of modern analytical philosophy to try to understand its nature. Since the boundaries of analytical philosophy are somewhat vague, it is difficult to say how far it extends. H. L. A. Hart was probably the most influential writer in the modern school of analytical jurisprudence,Bodenheimer, EdgarModern Analytical Jurisprudence and the Limits of Its Usefulness University of Pennsylvania Law Review though its history goes back at least to Jeremy Bentham. Analytical jurisprudence is not to be mistaken for legal formalism (the idea that legal reasoning is or can be modelled as a mechanical, algorithmic process). Indeed, it was the analytical jurists who first pointed out that legal formalism is fundamentally mistaken as a theory of law. Analytic, or 'clarificatory' jurisprudence uses a neutral point of view and descriptive language when referring to the aspects of legal systems. This was a philosop ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Analytical Philosophy
Analytic philosophy is a branch and tradition of philosophy using analysis, popular in the Western world and particularly the Anglosphere, which began around the turn of the 20th century in the contemporary era in the United Kingdom, United States, Canada, Australia, New Zealand, and Scandinavia, and continues today. Analytic philosophy is often contrasted with continental philosophy, coined as a catch-all term for other methods prominent in Europe. Central figures in this historical development of analytic philosophy are Gottlob Frege, Bertrand Russell, G. E. Moore, and Ludwig Wittgenstein. Other important figures in its history include the logical positivists (particularly Rudolf Carnap), W. V. O. Quine, and Karl Popper. After the decline of logical positivism, Saul Kripke, David Lewis, and others led a revival in metaphysics. Elizabeth Anscombe, Peter Geach, Anthony Kenny and others brought analytic approach to Thomism. Analytic philosophy is characterized by an empha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Power (social And Political)
In social science and politics, power is the social production of an effect that determines the capacities, actions, beliefs, or conduct of actors. Power does not exclusively refer to the threat or use of force ( coercion) by one actor against another, but may also be exerted through diffuse means (such as institutions). Power may also take structural forms, as it orders actors in relation to one another (such as distinguishing between a master and a slave), and discursive forms, as categories and language may lend legitimacy to some behaviors and groups over others. The term ''authority'' is often used for power that is perceived as legitimate or socially approved by the social structure. Power can be seen as evil or unjust; however, power can also be seen as good and as something inherited or given for exercising humanistic objectives that will help, move, and empower others as well. Scholars have distinguished between soft power and hard power. Theories Five bas ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theories Of Law
A theory is a reason, rational type of abstraction, abstract thinking about a phenomenon, or the results of such thinking. The process of contemplative and rational thinking is often associated with such processes as observational study or research. Theories may be scientific theory, scientific, belong to a non-scientific discipline, or no discipline at all. Depending on the context, a theory's assertions might, for example, include generalized explanations of how Nature (philosophy), nature works. The word has its roots in ancient Greek, but in modern use it has taken on several related meanings. In modern science, the term "theory" refers to Scientific theory, scientific theories, a well-confirmed type of explanation of nature, made in a way Consistency, consistent with the scientific method, and fulfilling the Scientific theory#Characteristics of theories, criteria required by modern science. Such theories are described in such a way that scientific tests should be able to prov ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legality
Legality, in respect of an act, agreement, or contract is the state of being consistent with the law or of being lawful or unlawful in a given jurisdiction, and the construct of power. According to the Merriam-Webster Dictionary, legality is 1 : attachment to or observance of law. 2 : the quality or state of being legal Businessdictionary.com, thelawdictionary.org, and mylawdictionary.org definition explains concept of ''attachment to law'' as ''Implied warranty that an act, agreement, or contract strictly adheres to the statutes of a particular jurisdiction. For example, in insurance contracts it is assumed that all risks covered under the policy are legal ventures.'' The second definition cited by Businessdictionary.com, the ''Legal principle that an accused may not be prosecuted for an act that is not declared a crime in that jurisdiction'' is actually about the Principle of legality which is part of the overall concept of legality. Definitions Vicki Schultz states that we ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule Of Law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica'' as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." The term ''rule of law'' is closely related to constitutionalism as well as ''Rechtsstaat'' and refers to a political situation, not to any specific legal rule. Use of the phrase can be traced to 16th-century Britain. In the following century, the Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings. John Locke wrote that freedom in society means being subject only to laws made by a legislature that apply to everyone, with a person being otherwise free from both governmental and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Positivism
Legal positivism (as understood in the Anglosphere) is a school of thought of analytical jurisprudence developed largely by legal philosophers during the 18th and 19th centuries, such as Jeremy Bentham and John Austin. While Bentham and Austin developed legal positivist theory, empiricism provided the theoretical basis for such developments to occur. The most prominent legal positivist writer in English has been H. L. A. Hart, who, in 1958, found common usages of "positivism" as applied to law to include the contentions that: * laws are commands of human beings; * there is not any necessary relation between law and morality, that is, between law as it is and as it ought to be; * analysis (or study of the meaning) of legal concepts is worthwhile and is to be distinguished from history or sociology of law, as well as from criticism or appraisal of law, for example with regard to its moral value or to its social aims or functions; * a legal system is a closed, logical system in which ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Morality
Morality () is the differentiation of intentions, decisions and actions between those that are distinguished as proper (right) and those that are improper (wrong). Morality can be a body of standards or principles derived from a code of conduct from a particular philosophy, religion or culture, or it can derive from a standard that a person believes should be universal. Morality may also be specifically synonymous with "goodness" or "rightness". Moral philosophy includes meta-ethics, which studies abstract issues such as moral ontology and moral epistemology, and normative ethics, which studies more concrete systems of moral decision-making such as deontological ethics and consequentialism. An example of normative ethical philosophy is the Golden Rule, which states: "One should treat others as one would like others to treat oneself." Immorality is the active opposition to morality (i.e. opposition to that which is good or right), while amorality is variously defined as an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Definition Of Law
Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. It asks questions like "What is law?", "What are the criteria for legal validity?", and "What is the relationship between law and morality?" Philosophy of law and jurisprudence are often used interchangeably, though jurisprudence sometimes encompasses forms of reasoning that fit into economics or sociology. Philosophy of law can be sub-divided into analytical jurisprudence, and normative jurisprudence. Analytical jurisprudence aims to define what law is and what it is not by identifying law's essential features. Normative jurisprudence investigates both the non-legal norms that shape law and the legal norms that are generated by law and guide human action. Analytical jurisprudence Unlike experimental jurisprudence, which investigates the content our folk legal concepts using the methods of social science, analyti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
University Of Pennsylvania Law Review
The ''University of Pennsylvania Law Review'' is a law review published by an organization of second and third year J.D. students at the University of Pennsylvania Law School. It is the oldest law journal in the United States, having been published continuously since 1852. Currently, seven issues are published each year with the last issue traditionally featuring papers from symposia held by the review each year. It is one of the four law reviews responsible for publication of the ''Bluebook''. It is one of seven official scholarly journals at the University of Pennsylvania Law School, and was the third most cited law journal in the world in 2006. In addition to the print edition, the ''University of Pennsylvania Law Review'' also publishes the ''University of Pennsylvania Law Review Online'', formerly named ''PENNumbra'', an online supplement, which publishes debates, essays, case notes, and responses to articles that appeared in the print edition. History The journal was found ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Is–ought Problem
The is–ought problem, as articulated by the Scottish philosopher and historian David Hume, arises when one makes claims about what ''ought'' to be that are based solely on statements about what ''is''. Hume found that there seems to be a significant difference between descriptive or positive statements (about what is) and prescriptive or normative statements (about what ought to be), and that it is not obvious how one can coherently move from descriptive statements to prescriptive ones. Hume's law or Hume's guillotine is the thesis that, if a reasoner only has access to non-moral and non-evaluative factual premises, the reasoner cannot logically infer the truth of moral statements.Cohon, Rachel, "Hume's Moral Philosophy", The Stanford Encyclopedia of Philosophy (Fall 2018 Edition), Edward N. Zalta (ed.), URL = <https://plato.stanford.edu/archives/fall2018/entries/hume-moral/.> A similar view is defended by G. E. Moore's open-question argument, intended to refute any ident ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
A Treatise Of Human Nature
'' A Treatise of Human Nature: Being an Attempt to Introduce the Experimental Method of Reasoning into Moral Subjects'' (1739–40) is a book by Scottish philosopher David Hume, considered by many to be Hume's most important work and one of the most influential works in the history of philosophy. The ''Treatise'' is a classic statement of philosophical empiricism, scepticism, and naturalism. In the introduction Hume presents the idea of placing all science and philosophy on a novel foundation: namely, an empirical investigation into human nature. Impressed by Isaac Newton's achievements in the physical sciences, Hume sought to introduce the same experimental method of reasoning into the study of human psychology, with the aim of discovering the "extent and force of human understanding". Against the philosophical rationalists, Hume argues that the passions, rather than reason, cause human behaviour. He introduces the famous problem of induction, arguing that inductive reason ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
