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Jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning and analogy, legal systems, legal institutions, and the proper application of law, the economic analysis of law and the role of law in society. Modern jurisprudence began in the 18th century and it was based on the first principles of natural law, civil law, and the law of nations. 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 internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Normative Jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning and analogy, legal systems, legal institutions, and the proper application of law, the economic analysis of law and the role of law in society. Modern jurisprudence began in the 18th century and it was based on the first principles of natural law, civil law, and the law of nations. 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 internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists.Sh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Philosophy 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, analy ... [...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 whi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Experimental Jurisprudence
Experimental jurisprudence (X-Jur) is an emerging field of legal scholarship that explores the nature of legal phenomena through psychological investigations of legal concepts. The field departs from traditional analytic legal philosophy in its ambition to elucidate common intuitions in a systematic fashion employing the methods of social science. Equally, unlike research in legal psychology, X-Jur emphasises the philosophical implications of its findings, notably, for questions about whether, how, and in what respects, the law's content is a matter of moral perspective. Whereas some legal theorists have welcomed X-Jur's emergence, others have expressed reservations about the contributions it seeks to make. Background Experimental jurisprudence (X-Jur) is an outgrowth of the broader experimental philosophy (X-Phi) movement. Emerging in the early 2000s, and focusing initially on the folk concepts of semantic reference, knowledge, and intentional action, X-Phi represented a rej ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Natural Law
Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacted laws of a state or society). According to natural law theory (called jusnaturalism), all people have inherent rights, conferred not by act of legislation but by " God, nature Nature, in the broadest sense, is the physical world or universe. "Nature" can refer to the phenomena of the physical world, and also to life in general. The study of nature is a large, if not the only, part of science. Although humans ar ..., or reason." Natural law theory can also refer to "theories of ethics, Political theories, theories of politics, theories of Civil law (legal system), civil law, and theories of religious morality." In the Western tradition, it was anticipated by the pre-Socratic philosophy, pre-Socratics, for example in their search ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 phil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of National Legal Systems
The contemporary national legal systems are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. The science that studies law at the level of legal systems is called comparative law. Both ''civil'' (also known as ''Roman'') and ''common'' law systems can be considered the most widespread in the world: civil law because it is the most widespread by landmass and by population overall, and common law because it is employed by the greatest number of people compared to any single civil law system. Civil law The source of law that is recognized as authoritative is codifications in a constitution or statute passed by legislature, to amend a code. While the concept of codification dates back to the Code of Hammurabi in Babylon ca. 1790 BC, civil law systems derive from the Roman Empire and, more p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oral Law
An oral law is a code of conduct in use in a given culture, religion or community application, by which a body of rules of human behaviour is transmitted by oral tradition and effectively respected, or the single rule that is orally transmitted. Many cultures have an oral law, while most contemporary legal systems have a formal written organisation. The oral tradition (from the Latin ''tradere'' = to transmit) is the typical instrument of transmission of the oral codes or, in a more general sense, is the complex of what a culture transmits of itself among the generations, "from father to son". This kind of transmission can be due to lack of other means, such as in illiterate or criminal societies, or can be expressly required by the same law. There has been a continuous debate over oral versus written transmission, with the focus on the perceived higher reliability of written evidence, primarily based on the "linear world of academia" where only written down records are accepted. H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dharmaśāstra
''Dharmaśāstra'' ( sa, धर्मशास्त्र) is a genre of Sanskrit texts on law and conduct, and refers to the treatises ( śāstras) on dharma. Unlike Dharmasūtra which are based upon Vedas, these texts are mainly based on Puranas. There are many Dharmashastras, variously estimated to be 18 to about 100, with different and conflicting points of view. Each of these texts exist in many different versions, and each is rooted in Dharmasutra texts dated to 1st millennium BCE that emerged from Kalpa (Vedanga) studies in the Vedic era. The textual corpus of Dharmaśāstra were composed in poetic verses, are part of the Hindu Smritis, constituting divergent commentaries and treatises on duties, responsibilities and ethics to oneself, to family and as a member of society. The texts include discussion of ashrama (stages of life), varna (social classes), purushartha (proper goals of life), personal virtues and duties such as ahimsa (non-violence) against all living be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eastern Roman Empire
The Byzantine Empire, also referred to as the Eastern Roman Empire or Byzantium, was the continuation of the Roman Empire primarily in its eastern provinces during Late Antiquity and the Middle Ages, when its capital city was Constantinople. It survived the fragmentation and fall of the Western Roman Empire in the 5th century AD and continued to exist for an additional thousand years until the fall of Constantinople to the Ottoman Empire in 1453. During most of its existence, the empire remained the most powerful economic, cultural, and military force in Europe. The terms "Byzantine Empire" and "Eastern Roman Empire" were coined after the end of the realm; its citizens continued to refer to their empire as the Roman Empire, and to themselves as Romans—a term which Greeks continued to use for themselves into Ottoman times. Although the Roman state continued and its traditions were maintained, modern historians prefer to differentiate the Byzantine Empire from Ancient ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legalism (Chinese Philosophy)
Legalism or ''Fajia'' is one of the six classical schools of thought in Chinese philosophy. Literally meaning "house of (administrative) methods / standards (法, Fa)", the Fa "school" represents several branches of "men of methods", in the west often termed " realist" statesmen,who played foundational roles in the construction of the bureaucratic Chinese empire.Peng He 2011. p. 646. The Difference of Chinese Legalism and Western Legalism The earliest persona of the Fajia may be considered Guan Zhong (720–645 BC), but following the precedent of the '' Han Feizi'' (c. 240 BC), Warring States period figures Shen Buhai (400–337 BC) and Shang Yang (390–338 BC) have commonly been taken as its "founders." Commonly thought of as the greatest of all "Legalist" texts, the ''Han Feizi'' is believed to contain the first commentaries on the '' Dao De Jing'' in history.Ewan Ferlie, Laurence E. Lynn, Christopher Pollitt 2005 p. 30, ''The Oxford Handbook of Public Management''Pin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lex Iniusta Non Est Lex
An unjust law is no law at all, in Latin ''lex iniusta non est lex'', is an expression of natural law, acknowledging that authority is not legitimate unless it is good and right. It has become a standard legal maxim around the world. History Throughout history, philosophical and religious writers have often objected to unjust laws. For example, in Isaiah 10: In the fourth century AD, Augustine of Hippo said "for I think a law that is not just, is not actually a law" ("''nam mihi lex esse non videtur, quae justa non fuerit''"). He wrote this when discussing why evil exists. His conclusion was that it's ultimately a problem caused by people departing from good or just behavior. Should laws be obeyed? Yes, but only if they are just. Thomas Aquinas exhaustively examines the legitimacy of man-made laws and whether they should be obeyed, in Summa Theologica. He asks "do man-made laws have to be obeyed?" His answer is no; a law only need to be obeyed if it is legitimate in three wa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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