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This is an index of articles in jurisprudence. *
A Failure of Capitalism ''A Failure of Capitalism: The Crisis of '08 and the Descent into Depression'' is a 2009 book by the economist Richard Posner. The text was initially published on May 1, 2009, by Harvard University Press. Posner criticizes President George W. Bush ...
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Alf Ross Alf Niels Christian Ross (10 June 1899 – 17 August 1979) was a Danish jurist, legal philosopher and judge of the European Court of Human Rights (1959–1971). He is best known as one of the leading figures of Scandinavian legal realism. His deb ...
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American Society for Political and Legal Philosophy The American Society for Political and Legal Philosophy (ASPLP) is a learned society founded in 1955 by political theorist Carl Friedrich. Its aim is to bring together scholars in political science, law, and philosophy who are interested in inter ...
* Analytical jurisprudence *
Anarchist law Anarchist law is a body of norms regarding behavior and decision-making operative within in an anarchist community. The term is used in a series of ongoing debates within the various branches of anarchist theory regarding if and how norms of indi ...
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Antinomianism Antinomianism (Ancient Greek: ἀντί 'anti''"against" and νόμος 'nomos''"law") is any view which rejects laws or legalism and argues against moral, religious or social norms (Latin: mores), or is at least considered to do so. The term ha ...
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António Castanheira Neves António Castanheira Neves (born 8 November 1929 in Tábua) is a Portuguese legal philosopher and a professor emeritus at the law faculty of the University of Coimbra. According to Castanheira Neves, law can only be understood through ''legal pro ...
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Archon ''Archon'' ( gr, ἄρχων, árchōn, plural: ἄρχοντες, ''árchontes'') is a Greek word that means "ruler", frequently used as the title of a specific public office. It is the masculine present participle of the verb stem αρχ-, mean ...
* Argumentation theory * Aristotle * Arthur Linton Corbin * Auctoritas * Bartolomé de las Casas *
Basic norm Basic norm (german: Grundnorm) is a concept in the ''Pure Theory of Law'' created by Hans Kelsen, a jurist and Philosophy of Law, legal philosopher. Kelsen used this word to denote the basic Norm (philosophy), norm, order, or rule that forms an un ...
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Basileus ''Basileus'' ( el, ) is a Greek term and title that has signified various types of monarchs in history. In the English-speaking world it is perhaps most widely understood to mean "monarch", referring to either a "king" or an "emperor" and al ...
* Biblical law *
Biblical law in Christianity Biblical law refers to the legal aspects of the Bible, the holy scriptures of Judaism and Christianity. Judaism * Law of Moses * Mitzvah, divine commandment ** The Ten Commandments ** 613 commandments * Seven Laws of Noah, laws applicable to all o ...
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Boris Furlan Boris Furlan (10 November 1894 – 10 June 1957)Brecelj, Marijan. 1978. "Borut Furlan." ''Primorski slovenski biografski leksikon'', vol. 5. Gorizia: Goriška Mohorjeva družba, p. 394.Jevnikar, Martin. 1989. "Boris Furlan." ''Enciklopedija Slovenij ...
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Bruno Leoni Bruno Leoni (26 April 1913 – 21 November 1967) was an Italian classical-liberal political philosopher and lawyer. Whilst the war kept Leoni away from teaching, in 1945 he became Full professor of Philosophy of Law. Leoni was also appointed Dea ...
* Cafeteria Christianity * Carl Joachim Friedrich * Carl Schmitt *
Cautelary jurisprudence Cautelary jurisprudence is law made in a precautionary way prior to or outside of the normal legislative enactment. It meant empirical, practical legal efforts aimed at solving individual cases, as distinguished from regular jurisprudence which ...
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Charles de Secondat, baron de Montesquieu Charles Louis de Secondat, Baron de La Brède et de Montesquieu (; ; 18 January 168910 February 1755), generally referred to as simply Montesquieu, was a French judge, man of letters, historian, and political philosopher. He is the princip ...
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Compact theory In United States constitutional theory, compact theory is an interpretation of the Constitution which holds that the United States was formed through a compact agreed upon by all the states, and that the federal government is thus a creation of t ...
* Constitutionalism * Conventionalism * Corelative *
Costas Douzinas Costas Douzinas ( el, Κώστας Δουζίνας; born 1951) is a professor of law, a founder of the Birkbeck School of Law and the Department of Law of the University of Cyprus, the founding director of the Birkbeck Institute for the Humanities ...
* Critical legal studies *
Critical race theory Critical race theory (CRT) is a cross-disciplinary examination, by social and civil-rights scholars and activists, of how laws, social and political movements, and media shape, and are shaped by, social conceptions of race and ethnicity. Goa ...
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Czesław Znamierowski Czesław Znamierowski (1888–1967) was a Polish philosopher, jurist and sociologist."Znamierowski, Czesław," ''Encyklopedia Powszechna PWN'' (PWN Universal Encyclopedia), vol. 4, p. 798. He was Professor of Jurisprudence at the University of ...
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Daniel N. Robinson Daniel Nicholas Robinson (March 9, 1937 – September 17, 2018) was an American psychologist who was a professor of psychology at Georgetown University and later in his life became a fellow of the faculty of philosophy at Oxford University. Ca ...
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Decisionism Decisionism (derived from the German ''Dezisionismus'', which is sometimes encountered untranslated in English texts) is a political, ethical and jurisprudential doctrine which states that moral or legal precepts are the product of decisions made ...
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Declaration of Delhi The New Delhi Congress or Declaration of Delhi was an international gathering of over 185 judges, lawyers, and law professors from 53 countries all over the world, united as the International Commission of Jurists that took place in New Delhi, In ...
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Declarationism In the context of United States law, originalism is a theory of constitutional interpretation that asserts that all statements in the Constitution must be interpreted based on the original understanding "at the time it was adopted". This conc ...
* Dignitas (Roman concept) * Director primacy * Discourse ethics * Divine command theory *
Dualism (law) Dualism most commonly refers to: * Mind–body dualism, a philosophical view which holds that mental phenomena are, at least in certain respects, not physical phenomena, or that the mind and the body are distinct and separable from one another ** ...
* Duncan Kennedy (legal philosopher) *
Earth jurisprudence Earth jurisprudence is a philosophy of law and human governance that is based on the fact that humans are only one part of a wider community of beings and that the welfare of each member of that community is dependent on the welfare of the Earth a ...
* Emerich de Vattel *
Ernesto Garzón Valdés Ernesto Garzón Valdés (17 February 1927 – 19 November 2023) was an Argentine philosopher. He had been a professor of philosophy of law at the universities of Córdoba and La Plata in Argentina and, upon being exiled in Germany during the a ...
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Ethical arguments regarding torture The prohibition of torture is a peremptory norm in public international lawmeaning that it is forbidden under all circumstancesas well as being forbidden by international treaties such as the United Nations Convention Against Torture . It is gene ...
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Expounding of the Law Matthew 5 is the fifth chapter of the Gospel of Matthew in the New Testament. It contains the first portion of the Sermon on the Mount, the other portions of which are contained in chapters 6 and 7. Portions are similar to the Sermon on the P ...
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Eye for an eye "An eye for an eye" ( hbo, עַיִן תַּחַת עַיִן, ) is a commandment found in the Book of Exodus 21:23–27 expressing the principle of reciprocal justice measure for measure. The principle exists also in Babylonian law. In Roman c ...
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Felix Kaufmann Felix Kaufmann (4 July 1895, Vienna – 23 December 1949, New York) was an Austrian-American philosopher of law. Biography Kaufmann studied jurisprudence and philosophy in Vienna. He became part of the legal-philosophical school of Hans Kelsen. F ...
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Feminist legal theory Feminist legal theory, also known as feminist jurisprudence, is based on the belief that the law has been fundamental in women's historical subordination. Feminist jurisprudence the philosophy of law is based on the political, economic, and socia ...
* First possession theory of property *
Francesco D'Andrea Francesco D'Andrea (1625–1698) was an Italian jurist and natural philosophy, natural philosopher. Born to a Patrician (post-Roman Europe), patrician family in Naples, he worked as an advocate after obtaining his doctorate in law in 1641. He was ...
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François Hotman François Hotman (23 August 1524 – 12 February 1590) was a French Protestant lawyer and writer, associated with the legal humanists and with the monarchomaques, who struggled against absolute monarchy. His first name is often written 'Francis' ...
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Freedom of contract Freedom of contract is the process in which individuals and groups form contracts without government restrictions. This is opposed to government regulations such as minimum-wage laws, competition laws, economic sanctions, restrictions on pri ...
* Friedrich von Hayek *
Fritz Berolzheimer Fritz Berolzheimer, Juris Doctor (3 January 1869 – 30 September 1920) was a German philosopher 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, especiall ...
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Geojurisprudence Geojurisprudence is "a systemic approach to the connections of legal science to geography and geopolitics" ( Manfred Langhans-Ratzeburg - ''Begriff und Aufgaben der Geographischen Rechtswissenshaft (Geojurisprudenz)'' published by Kurt Vowinkel in 1 ...
* Georg Wilhelm Friedrich Hegel * George Buchanan *
German Historical School :''This is an article about a school of thought in the area of law. For economics, see historical school of economics.'' The German Historical School of Jurisprudence is a 19th-century intellectual movement in the study of German law. With Romant ...
* Giorgio Del Vecchio * Global Justice or Global Revenge? * Gottfried Leibniz *
Gray Dorsey Gray L. Dorsey (died July 20, 1997) was an American law professor. He was professor emeritus of international law at Washington University in St. Louis, and had been the Charles Nagel Professor of Jurisprudence in International Law. He had also be ...
* H. L. A. Hart * Habeas corpus * Hans Kelsen * Hans Köchler *
Hart–Dworkin debate The Hart–Dworkin debate is a debate in legal philosophy between H. L. A. Hart and Ronald Dworkin. At the heart of the debate lies a Dworkinian critique of Hartian legal positivism, specifically, the theory presented in Hart's book ''Th ...
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Hart–Fuller debate The Hart–Fuller debate is an exchange between the American law professor Lon L. Fuller and his English counterpart H. L. A. Hart, published in the '' Harvard Law Review'' in 1958 on morality and law, which demonstrated the divide between the posi ...
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Herman Oliphant Herman Enzla Oliphant was an American legal scholar and professor at the University of Chicago Law School and Columbia Law School. He is considered to be a leading figure of the legal realism movement in the United States. Early life and educati ...
* Homo sacer * Hozumi Nobushige *
Hugo Grotius Hugo Grotius (; 10 April 1583 – 28 August 1645), also known as Huig de Groot () and Hugo de Groot (), was a Dutch humanist, diplomat, lawyer, theologian, jurist, poet and playwright. A teenage intellectual prodigy, he was born in Delft ...
* Immanuel Kant * Imperium * Indeterminacy debate in legal theory * International Association for Philosophy of Law and Social Philosophy *
International legal theory International legal theory comprises a variety of theoretical and methodological approaches used to explain and analyse the content, formation and effectiveness of public international law and institutions and to suggest improvements. Some approach ...
* Interpretivism (legal) *
Interregnum An interregnum (plural interregna or interregnums) is a period of discontinuity or "gap" in a government, organization, or social order. Archetypally, it was the period of time between the reign of one monarch and the next (coming from Latin '' ...
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Jean-Étienne-Marie Portalis Jean-Étienne-Marie Portalis (1 April 1746 – 25 August 1807) was a French jurist and politician in the time of the French Revolution and the First Empire. His son, Joseph Marie Portalis, was a diplomat and statesman. Biography Early years Port ...
* Jeremy Bentham * John Austin (legal philosopher) * John Finnis *
John Locke John Locke (; 29 August 1632 – 28 October 1704) was an English philosopher and physician, widely regarded as one of the most influential of Age of Enlightenment, Enlightenment thinkers and commonly known as the "father of liberalism ...
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John Macdonell (jurist) Sir John Macdonell (1 August 1846 – 17 March 1921) was a British jurist. He was King's Remembrancer (1912–1920) and invested as a Knight Commander of the Order of the Bath The Most Honourable Order of the Bath is a British order ...
* John Rawls *
Joseph H. H. Weiler Joseph Halevi Horowitz Weiler (born 2 September 1951) is a South African-American academic, currently serving as European Union Jean Monnet Chair at New York University Law School and Senior Fellow of the Minda de Gunzburg Center for European ...
* Joseph Raz * Juan de Mariana *
Julius Binder Julius Binder (12 May 1870–28 August 1939) was a German philosopher of law. He is principally known as an opponent of legal positivism, and for having remained as an active scholar during the 1930s in Nazi Germany who did not speak out again ...
* Jurisprudence * Justice * Justitium * Labor theory of property * Law and economics *
Law and Gospel In Protestant Christianity, the relationship between Law and Gospel— God's Law and the Gospel of Jesus Christ—is a major topic in Lutheran and Reformed theology. In these religious traditions, the distinction between the doctrines of ...
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Law and literature The law and literature movement focuses on connections between law and literature. This field has roots in two developments in the intellectual history of law—first, the growing doubt about whether law in isolation is a source of value and mean ...
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Law as integrity In philosophy of law, law as integrity is a theory of law put forward by Ronald Dworkin. In general, it can be described as interpreting the law according to a community A community is a social unit (a group of living things) with commonality s ...
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Law in action Law is a set of rules that are created and are law enforcement, enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. ...
* Law of Christ * Law, Legislation and Liberty *
Laws (dialogue) The ''Laws'' (Greek: Νόμοι, ''Nómoi''; Latin: ''De Legibus'') is Plato's last and longest dialogue. The conversation depicted in the work's twelve books begins with the question of who is given the credit for establishing a civilization ...
* Learned Hand *
Legal Education and the Reproduction of Hierarchy ''Legal Education and the Reproduction of Hierarchy: A Polemic Against the System'' is an essay by Duncan Kennedy on legal education in the United States of America. The work is a critique of American legal education and argues that legal educati ...
* Legal formalism * Legal humanists *
Legal moralism Legal moralism is the theory of jurisprudence and the philosophy of law which holds that laws may be used to prohibit or require behavior based on society's collective judgment of whether it is moral. It is often given as an alternative to legal l ...
* Legal naturalism *
Legal origins theory The legal origins theory claims that the two main legal traditions or origins, civil law and common law, crucially shape lawmaking and dispute adjudication and have not been reformed after the initial exogenous transplantation by Europeans. Theref ...
* Legal pluralism * Legal positivism *
Legal process (jurisprudence) The legal process school (sometimes "legal process theory") was a movement within American law that attempted to chart a third way between legal formalism and legal realism.Donald A. Dripps, ''Justice Harlan on Criminal Procedure: Two Cheers for ...
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Legal realism Legal realism is a naturalistic approach to law. It is the view that jurisprudence should emulate the methods of natural science, i.e., rely on empirical evidence. Hypotheses must be tested against observations of the world. Legal realists be ...
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Legal science Legal science is one of the main components in civil law tradition (after Roman law, canon law, commercial law, and the legacy of the revolutionary period). Legal science is primarily the creation of German legal scholars of the middle and late ...
* Legalism (Chinese philosophy) * Legalism (theology) * Legalism (Western philosophy) *
Leon Petrazycki Leon, Léon (French) or León (Spanish) may refer to: Places Europe * León, Spain, capital city of the Province of León * Province of León, Spain * Kingdom of León, an independent state in the Iberian Peninsula from 910 to 1230 and again fro ...
* Letter and spirit of the law *
Libertarian theories of law Libertarian theories of law build upon classical liberal and individualist doctrines. The defining characteristics of libertarian legal theory are its insistence that the amount of governmental intervention should be kept to a minimum and the p ...
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Lon L. Fuller Lon Luvois Fuller (June 15, 1902 – April 8, 1978) was an American legal philosopher, who criticized legal positivism and defended a secular and procedural form of natural law theory. Fuller was a professor of Law at Harvard University for many ...
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Lorenzo Peña Lorenzo Peña (born August 29, 1944) is a Spanish philosopher, lawyer, logician and political thinker. His rationalism is a neo-Leibnizian approach both in metaphysics and law. Life Lorenzo Peña was born in Alicante, Spain, on August 29, 194 ...
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Manuel de Lardizábal y Uribe Manuel Miguel de Lardizábal y Uribe (23 December 1739–25 December 1820) was a Novohispanic penologist who was an academician of the Real Academia Española de la Lengua from 1775 to 1820. He seems to have been the successor to chair ''C'' of ...
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Mark Wrathall Mark Wrathall (born 1965) is Professor of Philosophy at the University of Oxford and a fellow and tutor at Corpus Christi College, Oxford. He is considered a leading interpreter of the philosophy of Martin Heidegger. Wrathall is featured in Tao ...
* Metaconstitution * Monarchomachs * Monism and dualism in international law * Monopoly on violence *
Muhammad Hamidullah Muhammad Hamidullah ( ur, محمد حمیداللہ, translit=Muḥammad Ḥamīdullāh; 19 February 1908 – 17 December 2002) was a scholar of hadiths (''muhaddith)'' and Islamic law ( faqih) and a prolific academic author. A polymath with com ...
* Mutual liberty * Natural justice * Natural law * Natural order (philosophy) *
Natural-law argument The Natural-law argument for the existence of God states that the observation of governing laws and existing order in the universe indicates the existence of a superior being who enacted these laws. The argument was popularised by Isaac Newton, ...
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Naturalization Naturalization (or naturalisation) is the legal act or process by which a non-citizen of a country may acquire citizenship or nationality of that country. It may be done automatically by a statute, i.e., without any effort on the part of the in ...
* New Covenant * New legal realism * Nicolas Barnaud * Norm (philosophy) * Oliver Wendell Holmes, Jr. *
Organic law An organic law is a law, or system of laws, that form the foundation of a government, corporation or any other organization's body of rules. A constitution is a particular form of organic law for a sovereign state. By country France Under Article ...
* Original intent * Original meaning * Pandectists *
Paternalism Paternalism is action that limits a person's or group's liberty or autonomy and is intended to promote their own good. Paternalism can also imply that the behavior is against or regardless of the will of a person, or also that the behavior expres ...
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Paul Johann Anselm Ritter von Feuerbach Paul Johann Anselm Ritter von Feuerbach (14 November 177529 May 1833) was a German legal scholar. His major achievement was a reform of the Bavarian penal code which led to the abolition of torture and became a model for several other countries. ...
* Pauline privilege *
Peter Gabel Peter Gabel (January 28, 1947 – October 25, 2022) was an American law academic and associate editor of '' Tikkun'', a bi-monthly Jewish critique of politics, culture, and society, He wrote a number of articles for the magazine on subjects rangi ...
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Petrus Cunaeus Petrus Cunaeus (1586, in Vlissingen – 2 December 1638, in Leiden) was the pen name of the Dutch Christian scholar Peter van der Kun. His book ''The Hebrew Republic'' is considered "the most powerful statement of republican theory in the earl ...
* Philippe de Mornay * Philosophy of copyright * Plato *
Political jurisprudence Political jurisprudence is a legal theory that some judicial decisions are motivated more by politics than by unbiased judgment. According to Professor Martin Shapiro of University of California, Berkeley, who first noted the theory in 1964: "The co ...
* Political naturalism * Political sociology *
Polycentric law Polycentric law is a theoretical legal structure in which "providers" of legal systems compete or overlap in a given jurisdiction, as opposed to monopolistic statutory law according to which there is a sole provider of law for each jurisdiction. D ...
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Positive law Positive laws ( la, links=no, ius positum) are human-made laws that oblige or specify an action. Positive law also describes the establishment of specific rights for an individual or group. Etymologically, the name derives from the verb ''to posit ...
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Positivism Positivism is an empiricist philosophical theory that holds that all genuine knowledge is either true by definition or positive—meaning ''a posteriori'' facts derived by reason and logic from sensory experience.John J. Macionis, Linda M. G ...
* Postglossator * Prediction theory of law * Principles of Islamic jurisprudence *
Prohibitionism Prohibitionism is a legal philosophy and political theory often used in lobbying which holds that citizens will abstain from actions if the actions are typed as unlawful (i.e. prohibited) and the prohibitions are enforced by law enforcement.C Cant ...
* Public policy doctrine (conflict of laws) * Purposive theory *
R. Kent Greenawalt R. Kent Greenawalt (June 25, 1936 — January 27, 2023) was a University Professor at Columbia Law School. His primary interests involved constitutional law, especially First Amendment jurisprudence, and legal philosophy. Born in Brooklyn, New ...
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Radomir Lukić Radomir Lukić ( sr, Радомир Лукић; August 31, 1914 – May 31, 1999) was a prolific Serbian jurist, a scholar of philosophy and sociology of law. He was born in Miloševac near Velika Plana, Serbia, where he was also buried. Biograph ...
* Rechtsstaat * Restorative justice *
Retributive justice Retributive justice is a theory of punishment that when an offender breaks the law, justice requires that they suffer in return, and that the response to a crime is proportional to the offence. As opposed to revenge, retribution—and thus retr ...
* Richard Posner * Robert Alexy *
Robert P. George Robert Peter George (born July 10, 1955) is an American legal scholar, political philosopher, and public intellectual who serves as the sixth McCormick Professor of Jurisprudence and Director of the James Madison Program in American Ideals and ...
* Roberto Mangabeira Unger *
Ronald Dworkin Ronald Myles Dworkin (; December 11, 1931 – February 14, 2013) was an American philosopher, jurist, and scholar of United States constitutional law. At the time of his death, he was Frank Henry Sommer Professor of Law and Philosophy at New Yo ...
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Rule by decree Rule by decree is a style of governance allowing quick, unchallenged promulgation of law by a single person or group. It allows the ruler to make or change laws without legislative approval. While intended to allow rapid responses to a crisis, rule ...
* Rule of Faith *
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 ...
* Scepticism in law * Soft law *
Soft tyranny Soft tyranny is an idea first developed by Alexis de Tocqueville in his 1835 work titled ''Democracy in America''.Alexis de Tocqueville, ''Democracy in America'' (New York: Bantam Books, 2000), 9–15. It is described as the individualist preferenc ...
* Sovereignty *
State of emergency A state of emergency is a situation in which a government is empowered to be able to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state du ...
* State of exception * Stephen Guest * Strict constructionism *
Supersessionism Supersessionism, also called replacement theology or fulfillment theology, is a Christian theology which asserts that the New Covenant through Jesus in Christianity, Jesus Christ has superseded or replaced the Mosaic covenant exclusive to the Jews ...
* Textualism * The Case of the Speluncean Explorers * The Concept of Law * The Golden Rule * Theodor Sternberg * Theodore Beza *
Therapeutic jurisprudence Therapeutic jurisprudence (TJ) studies law as a social force (or agent) which inevitably gives rise to unintended consequences, which may be either beneficial (therapeutic) or harmful (anti-therapeutic). These consequences flow from the operation ...
* Thomas Hobbes * Tony Honoré * Torture * Transitional justice * Translating "law" to other European languages *
Underdeterminacy (law) In American law, underdeterminacy is a concept particularly relevant to originalism. It is distinct from ''indeterminacy''. The problem arises because even having established the original meaning of a clause of the Constitution, "''knowing the mea ...
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Unitary executive theory The unitary executive theory is a theory of United States Constitution, United States constitutional law which holds that the President of the United States possesses the power to control the entire federal executive branch. The doctrine is root ...
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Virtue jurisprudence In the philosophy of law, virtue jurisprudence is the set of theories of law related to virtue ethics. By making the aretaic turn in legal theory, virtue jurisprudence focuses on the importance of character and human excellence or virtue to questio ...
* Wesley Alba Sturges * Wesley Newcomb Hohfeld *
Wild law ''Wild Law: A Manifesto for Earth Justice'' is a book by Cormac Cullinan that proposes recognizing natural communities and ecosystems as legal persons with legal rights. The book explains the concept of wild law, that is, human laws that are ...
* Zechariah Chafee Law {{Index footer