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Jurisprudence Of Concepts
The jurisprudence of concepts was the first ''sub-school'' of legal positivism, according to which, the written law must reflect concepts, when interpreted.that means that the interpretation of the words stated in the law must be guided by the scientific concepts that these words represent. Its main representatives were Ihering, Savigny and Puchta. This school was, thus, the preceding trigger of the idea that law comes from a dogmatic source, imposition from man over man and not a ''natural'' consequence of other sciences or of metaphysical faith. Among the main characters of the ''jurisprudence of concepts'' are: * formalism, search of rights in written law * systemisation * search for justifying specific norm with basis from more generic ones. So, according to this school, law should have prevailing sources based upon the legislative process, although needing to be proven by more inclusive ideas of a social sense. See also * Jurisprudence of values * Jurisprudence of inte ... [...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] |
Concept
Concepts are defined as abstract ideas. They are understood to be the fundamental building blocks of the concept behind principles, thoughts and beliefs. They play an important role in all aspects of cognition. As such, concepts are studied by several disciplines, such as linguistics, psychology, and philosophy, and these disciplines are interested in the logical and psychological structure of concepts, and how they are put together to form thoughts and sentences. The study of concepts has served as an important flagship of an emerging interdisciplinary approach called cognitive science. In contemporary philosophy, there are at least three prevailing ways to understand what a concept is: * Concepts as mental representations, where concepts are entities that exist in the mind (mental objects) * Concepts as abilities, where concepts are abilities peculiar to cognitive agents (mental states) * Concepts as Fregean senses, where concepts are abstract objects, as opposed to mental ob ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interpretation (philosophy)
A philosophical interpretation is the assignment of meanings to various concepts, symbols, or objects under consideration. Two broad types of interpretation can be distinguished: interpretations of physical objects, and interpretations of concepts (Conceptual model). Conceptual interpretations Aesthetic interpretation Interpretation is related to perceiving the things. An aesthetic interpretation is an explanation of the meaning of some work of art. An aesthetic interpretation expresses an understanding of a work of art, a poem, performance, or piece of literature. There may be different interpretations to same work by art by different people owing to their different perceptions or aims. All such interpretations are termed as 'aesthetic interpretations'. Some people, instead of interpreting work of art, believe in interpreting artist himself. It pretty much means "how or what do I believe about (subject)" Judicial interpretation A judicial interpretation is a conceptual ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rudolf Von Ihering
Caspar Rudolph Ritter von Jhering (also Ihering) (22 August 1818 – 17 September 1892) was a German jurist. He is best known for his 1872 book ''Der Kampf ums Recht'' (''The Struggle for Law''), as a legal scholar, and as the founder of a modern sociological and historical school of law. Life and career Jhering was born in Aurich, in the Kingdom of Hanover. He entered the University of Heidelberg in 1836 and also studied in Göttingen, Munich, and starting 1838 in Berlin, where he earned his PhD. Of all his teacher, Georg Friedrich Puchta was the most influential one to him. In 1844, after graduating as a ''doctor juris'', Jhering established himself in Berlin as ''Privatdozent'' for Roman law, and delivered public lectures on the ''Geist des römischen Rechts'' (Spirit of Roman law), the theme that may be said to have constituted his life's work. In 1845, he became an ordinary professor at the University of Basel, in 1846 at Rostock, in 1849 at Kiel, and in 1851 at Giesse ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Friedrich Carl Von Savigny
Friedrich Carl von Savigny (21 February 1779 – 25 October 1861) was a German jurist and historian. Early life and education Savigny was born at Frankfurt am Main, of a family recorded in the history of Lorraine, deriving its name from the castle of Savigny near Charmes in the valley of the Moselle. Left as orphan at the age of 13, Savigny was brought up by a guardian until, in 1795, he entered the University of Marburg, where, though in poor health, he studied under Professors Anton Bauer and Philipp Friedrich Weiss, the former a pioneer in the reform of the German criminal law, the latter distinguished for his knowledge of medieval jurisprudence. After the fashion of German students, Savigny visited several universities, notably Jena, Leipzig and Halle; and returning to Marburg, took his doctorate in 1800. At Marburg he lectured as ''Privatdozent'' on criminal law and the Pandects. Work In 1803 Savigny published ''Das Recht des Besitzes'' (The Law of Possession). Anton Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Georg Friedrich Puchta
Georg Friedrich Puchta (31 August 17988 January 1846) was an important German Legal scholar. Biography Born on 31 August 1798 at Kadolzburg in Bavaria, Puchta came of an old Bohemian Protestant family which had immigrated into Germany to avoid religious persecution. His father, Wolfgang Heinrich Puchta (1769–1845), a legal writer and district judge, imbued his son with legal conceptions and principles. From 1811 to 1816 Puchta attended the ''Egidiengymnasium'' at Nuremberg, during the headmastership of Georg Wilhelm Friedrich Hegel, an eminent German philosopher. In 1816 Puchta began his legal studies at the University of Erlangen, where—in addition to being initiated by his father into legal practice—he fell under the influence of the writings of Savigny and Niebuhr. At this time the famous Christian Friedrich von Glück lectured there. Puchta said about the faculty of Erlangen: "". (Translation "Every university certainly is plagued with a thorn in the flesh, but the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisprudence Of Values
Jurisprudence of values or jurisprudence of principles is a school of legal philosophy. This school represents, according to some authors, a step in overcoming the contradictions of legal positivismIt is a school that has, since the end of the 19th century, characterized the law as a dogmatic institution, or man's imposition over man, in opposition to the former school, legal naturalism, that treated law as a result of metaphysical- rationalist and scientific sources (''natural'' consequence of the other sciences' conclusions and even work of God). The image of legal positivism nonetheless has deteriorated because of being used to favor class oppression. and, for this reason, it has been considered by some authors as a ''post-positivism'' school. Jurisprudence of values is referred to in various works all over the world. This ''modus'' of thinking of focuses on constitutional principles.The principle, as opposed to the ''legal rule'', is more subjective, and the traditional interp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisprudence Of Interests
In European legal history and the philosophy of law, the jurisprudence of interests is a doctrine of legal positivism of the early 20th century, according to which a written law must be interpreted to reflect the interests it is to promote. The main proponents of the jurisprudence of interests were Philipp Heck, Rudolf Müller-Erzbach, Arthur F. Bentley and Roscoe Pound. The school of legal positivism passed through the phase of the jurisprudence of interests after the jurisprudence of concepts. In the jurisprudence of interests, one interprets a law essentially in terms of the purposes it is intended to accomplish. This doctrine is characterized by the idea of obedience to law, and subsumption as the resolution of conflicts of interests in the concrete and in the abstract, whereby the interests necessary to life in society, as materialized in that law, should prevail. It is therefore a distinctly teleological school. See also * Jurisprudence of values * Jurisprudence of conce ... [...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, analyti ... [...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] |
