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Encyclopedia > Jurisprudence
Philosophers of law ask "what is law?" and "what should it be?"

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: Case law (precedential law) is the body of judge-made law and legal decisions that interprets prior case law, statutes and other legal authority -- including doctrinal writings by legal scholars such as the Corpus Juris Secundum, Halsburys Laws of England or the doctinal writings found in the Recueil Dalloz... Image File history File links Size of this preview: 799 × 600 pixelsFull resolution (1050 × 788 pixel, file size: 238 KB, MIME type: image/jpeg) Image of gavel produced by AQMD; full-size image hosted on site. ... Image File history File links Size of this preview: 799 × 600 pixelsFull resolution (1050 × 788 pixel, file size: 238 KB, MIME type: image/jpeg) Image of gavel produced by AQMD; full-size image hosted on site. ... The word theory has a number of distinct meanings in different fields of knowledge, depending on their methodologies and the context of discussion. ... For other uses, see Philosophy (disambiguation). ... For other uses, see Law (disambiguation). ...

  • Natural law is the idea that there are unchangeable laws of nature which govern us, and that our institutions should try 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?" and other such questions that legal philosophers may engage.
  • Normative jurisprudence asks what law ought to be. It overlaps with moral and political philosophy, and includes questions of whether one ought to obey the law, on what grounds law-breakers might properly be punished, the proper uses and limits of regulation, how judges ought to decide cases.

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. The Politics series Politics Portal This box:      Political philosophy is the study of fundamental questions about the state, government, politics, liberty, justice, property, rights, law and the enforcement of a legal code by authority: what they are, why (or even if) they are needed, what makes a government legitimate, what...

Contents

Etymology

The Latin word juris is the genitive form of jus meaning "law." So, juris means "of law" or "legal."


Prudentia, meaning "knowledge" in Latin, translates into English as "prudence." The native English word is "wisdom," which originally also meant "knowledge."


"Prudence" means caution, cautiousness, care, carefulness.


History of jurisprudence

The Central Criminal Court of England and Wales

Jurisprudence already had this meaning in Ancient Rome, even if at its origins the discipline was a monopoly of the College of Pontiffs (Pontifex), which retained an exclusive power of judgment on facts, being the only experts (periti) in the jus of traditional law (mos maiorum, a body of oral laws and customs verbally transmitted "by father to son"). Pontiffs indirectly created a body of laws by their pronunciations (sententiae) on single concrete (judicial) cases. Download high resolution version (523x900, 126 KB)Old Bailey, London, from NW, photo by Nevilley 14/6/04 File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... Download high resolution version (523x900, 126 KB)Old Bailey, London, from NW, photo by Nevilley 14/6/04 File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... Ancient Rome was a civilization that grew from a small agricultural community founded on the Italian Peninsula circa the 9th century BC to a massive empire straddling the Mediterranean Sea. ... The College of Pontiffs or Collegium Pontificum (collegium in Latin means a board or committee rather than an educational institution) was a body of the ancient Roman state whose members were the highest-ranking priests of the polytheistic state religion. ... Jus could be: Another spelling for the Latin word for justice, ius (iuris n. ... An oral law is a code of conduct in use in a given culture, religion or other regroupement, 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. ... In law, a sentence forms the final act of a judge-ruled process, and also the symbolic principal act connected to his function. ...


Their sentences were supposed to be simple interpretations of the traditional customs, but effectively it was an activity that, apart from formally reconsidering for each case what precisely was traditionally in the legal habits, soon turned also to a more equitative interpretation, coherently adapting the law to the newer social instances. The law was then implemented with new evolutive Institutiones (legal concepts), while remaining in the traditional scheme. Pontiffs were replaced in 3rd century BC by a laical body of prudentes. Admission to this body was conditional upon proof of competence or experience.


Under the Roman Republic, schools of law were created, and the activity constantly became more academic. In the age from the early Roman Empire to the 3rd century, a relevant literature was produced by some notable groups including the Proculians and Sabinians. The degree of scientific depth of the studies was unprecedented in ancient times and reached still unrivaled peaks of skill. It is about this activity that it has been said that Romans had developed an art out of the law. This article refers to the state which existed from the 6th century BC to the 1st century BC. For alternate meanings, see Roman Republic (18th century) and Roman Republic (19th century). ... For other uses, see Roman Empire (disambiguation). ... Members of one of the two important schools of Law in Rome during the 1st and 2nd centuries CE. The Sabinians took their name from Masurius Sabinus but later were known as Cassians after Sabinus student, Cassius Longinus. ... This article is about the philosophical concept of Art. ...


After the 3rd century, Juris prudentia became a more bureaucratic activity, with few notable authors. It was during the Byzantine Empire (5th century) that legal studies were once again undertaken in depth, and it is from this cultural movement that Justinian's Corpus Juris Civilis was born. “Byzantine” redirects here. ... This article is about the Roman emperor. ... Justinian I depicted on a mosaic in the church of San Vitale, Ravenna, Italy The Corpus Juris Civilis (Body of Civil Law) is the modern name[1] for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. ...


Natural law

Main article: Natural law

Natural law theory asserts that there are laws that are immanent in nature, to which enacted laws should correspond as closely as possible. This view is frequently summarised by the maxim an unjust law is not a true law, in which 'unjust' is defined as contrary to natural law. Natural law is closely associated with morality and, in historically influential versions, with the intentions of God. To oversimplify its concepts somewhat, natural law theory attempts to identify a moral compass to guide the lawmaking power of the state. Notions of an objective moral order, external to human legal systems, underlie natural law. What is right or wrong can vary according to the interests one is focused upon. Natural law is sometimes identified with the slogan that "an unjust law is no law at all", but as John Finnis, the most important of modern natural lawyers has argued, this slogan is a poor guide to the classical Thomist position. Natural law or the law of nature (Latin: lex naturalis) is an ethical theory that posits the existence of a law whose content is set by nature and that therefore has validity everywhere. ... This article or section does not cite its references or sources. ... Thomism is the philosophical school that followed in the legacy of Thomas Aquinas. ...


Aristotle

Aristotle, by Francesco Hayez
Aristotle, by Francesco Hayez
Main article: Aristotle

Aristotle is often said to be the father of natural law.[1] Like his philosophical forefathers, Socrates and Plato, Aristotle posited the existence of natural justice or natural right (dikaion physikon, δικαιον φυσικον, Latin ius naturale). His association with natural law is due largely to the interpretation given to him by Thomas Aquinas.[2] This was based on Aquinas' conflation of natural law and natural right, the latter of which Aristotle posits in Book V of the Nicomachean Ethics (= Book IV of the Eudemian Ethics). Aquinas' influence was such as to affect a number of early translations of these passages,[3] though more recent translations render them more literally.[4] Image File history File links Download high resolution version (2024x2604, 479 KB) Description: Title: de: Aristoteles Technique: de: Öl auf Leinwand Dimensions: de: 163 × 126 cm Country of origin: de: Italien Current location (city): de: Venedig Current location (gallery): de: Galleria dellAccademia Other notes: Source: The Yorck Project: DVD... Image File history File links Download high resolution version (2024x2604, 479 KB) Description: Title: de: Aristoteles Technique: de: Öl auf Leinwand Dimensions: de: 163 × 126 cm Country of origin: de: Italien Current location (city): de: Venedig Current location (gallery): de: Galleria dellAccademia Other notes: Source: The Yorck Project: DVD... Aristotle (Greek: AristotélÄ“s) (384 BC – 322 BC) was a Greek philosopher, a student of Plato and teacher of Alexander the Great. ... This page is about the ancient Greek philosopher. ... PLATO was one of the first generalized Computer assisted instruction systems, originally built by the University of Illinois (U of I) and later taken over by Control Data Corporation (CDC), who provided the machines it ran on. ... Aristotle (Greek: AristotélÄ“s) (384 BC – 322 BC) was a Greek philosopher, a student of Plato and teacher of Alexander the Great. ... Natural justice is a legal philosophy used in some jurisdictions in the determination of just, or fair, processes in legal proceedings. ... For other uses, see Latin (disambiguation). ... Saint Thomas Aquinas, O.P.(also Thomas of Aquin, or Aquino; c. ... Nicomachean Ethics Nicomachean Ethics (sometimes spelled Nichomachean), or Ta Ethika, is a work by Aristotle on virtue and moral character which plays a prominent role in defining Aristotelian ethics. ... Eudemian ethics focuses ethics based on enjoyment of happiness as the ultimate End. ...


Aristotle notes that natural justice is a species of political justice, viz. the scheme of distributive and corrective justice that would be established under the best political community;[5] were this to take the form of law, this could be called a natural law, though Aristotle does not discuss this and suggests in the Politics that the best regime may not rule by law at all.[6] Natural justice is a legal philosophy used in some jurisdictions in the determination of just, or fair, processes in legal proceedings. ... Distributive justice - Wikipedia, the free encyclopedia /**/ @import /skins-1. ... Restorative justice is commonly known as a theory of criminal justice that focuses on crime as an act against another individual or community rather than the state. ...


The best evidence of Aristotle's having thought there was a natural law comes from the Rhetoric, where Aristotle notes that, aside from the "particular" laws that each people has set up for itself, there is a "common" law that is according to nature.[7] The context of this remark, however, suggests only that Aristotle advised that it could be rhetorically advantageous to appeal to such a law, especially when the "particular" law of ones' own city was averse to the case being made, not that there actually was such a law;[8] Aristotle, moreover, considered two of the three candidates for a universally valid, natural law provided in this passage to be wrong.[9] Aristotle's theoretical paternity of the natural law tradition is consequently disputed. Aristotles Rhetoric (or Ars Rhetorica, or The Art of Rhetoric or Treatise on Rhetoric) places the discipline of public speaking in the context of all other intellectual pursuits at the time. ...


Sharia

The first sura in a Qur'anic manuscript by Hattat Aziz Efendi.
The first sura in a Qur'anic manuscript by Hattat Aziz Efendi.
Main articles: Sharia and Fiqh

Sharia (شريعة) refers to the body of Islamic law. The term means "way" or "path"; it is the legal framework within which public and some private aspects of life are regulated for those living in a legal system based on Muslim principles of jurisprudence. Fiqh is the term for Islamic jurisprudence, made up of the rulings of Islamic jurists. A component of Islamic studies, Fiqh expounds the methodology by which Islamic law is derived from primary and secondary sources. Image File history File links Download high resolution version (801x1343, 225 KB) I found this picture at the German Wikipedia (de:Bild:Quranfatihaazizefendi. ... Image File history File links Download high resolution version (801x1343, 225 KB) I found this picture at the German Wikipedia (de:Bild:Quranfatihaazizefendi. ... Surat Al-Fatiha (The Opening or The Exordium) is the opening chapter of the Quran; it consists of a short 7-verse prayer which Muslims repeat at the beginning of every rakah of salat. ... Sura (sometimes spelt Surah , plural Suwar ) is an Arabic term literally meaning something enclosed or surrounded by a fence or wall. ... Hattat Aziz Efendi (1871-1934) was an Ottoman calligrapher. ... Sharia (Arabic: transliteration: ) is the dynamic body of Islamic religious law. ... This article or section does not cite any references or sources. ... Islam (Arabic: ; ( â–¶ (help· info)), the submission to God) is a monotheistic faith, one of the Abrahamic religions and the worlds second-largest religion. ... For other uses, see Law (disambiguation). ... There is also a collection of Hadith called Sahih Muslim A Muslim (Arabic: مسلم, Persian: Mosalman or Mosalmon Urdu: مسلمان, Turkish: Müslüman, Albanian: Mysliman, Bosnian: Musliman) is an adherent of the religion of Islam. ...


Mainstream Islam distinguish fiqh, which means understanding details and inferences drawn by scholars, from sharia, which refers to principles that lie behind the fiqh. Scholars hope that fiqh and sharia are in harmony in any given case, but they cannot'Bold text''''Bold text''Italic text'Italic text''''''' be sure.[10]


Thomas Aquinas

Thomas Aquinas was the most important Western mediaeval legal scholar
Thomas Aquinas was the most important Western mediaeval legal scholar
Main article: Thomas Aquinas

Saint Thomas Aquinas [Thomas of Aquin, or Aquino] (c. 1225 – 7 March 1274) was a philosopher and theologian in the scholastic tradition, known as Doctor Angelicus, Doctor Universalis. He is the foremost classical proponent of natural theology, and the father of the Thomistic school of philosophy, which was long the primary philosophical approach of the Roman Catholic Church. The work for which he is best-known is the Summa Theologica. One of the thirty-three Doctors of the Church, he is considered by many Catholics to be the Church's greatest theologian. Consequently, many institutions of learning have been named after him. Depiction of St. ... Depiction of St. ... Saint Thomas Aquinas, O.P.(also Thomas of Aquin, or Aquino; c. ... is the 66th day of the year (67th in leap years) in the Gregorian calendar. ... Events May 7 - In France the Second Council of Lyons opens to consider the condition of the Holy Land and to agree to a union with the Byzantine church. ... A philosopher is a person who thinks deeply regarding people, society, the world, and/or the universe. ... Theology finds its scholars pursuing the understanding of and providing reasoned discourse of religion, spirituality and God or the gods. ... Scholasticism comes from the Latin word scholasticus, which means that [which] belongs to the school, and is the school of philosophy taught by the academics (or schoolmen) of medieval universities circa 1100–1500. ... Natural theology is the knowledge of God accessible to all rational human beings without recourse to any special or supposedly supernatural revelation. ... Thomism is the philosophical school that followed in the legacy of Thomas Aquinas. ... “Catholic Church” redirects here. ... The Summa Theologica (also widely known as the Summa Theologiae) is the most famous work of St. ... In Roman Catholicism, a Doctor of the Church (Latin doctor, teacher, from Latin docere, to teach) is a saint from whose writings the whole Christian Church is held to have derived great advantage and to whom eminent learning and great sanctity have been attributed by a proclamation of a pope... Institutions of learning named after Thomas Aquinas include the following: Categories: | ...


Aquinas distinguished four kinds of law. These are the eternal, natural, human, and divine law. Eternal law is the decree of God which governs all creation. Natural law is the human "participation" in the eternal law and is discovered by reason.[11] Natural law, of course, is based on "first principles": Natural law or the law of nature (Latin: lex naturalis) is an ethical theory that posits the existence of a law whose content is set by nature and that therefore has validity everywhere. ...

. . . this is the first precept of the law, that good is to be done and promoted, and evil is to be avoided. All other precepts of the natural law are based on this . . .[12]

The desire to live and to procreate are counted by Aquinas among those basic (natural) human values on which all human values are based. Human law is positive law: the natural law applied by governments to societies. Divine law is the specially revealed law in the scriptures. Positive law is a legal term having more than one meaning. ... Many religions and spiritual movements hold certain written texts (or series of spoken legends not traditionally written down) to be sacred. ...


Thomas Hobbes

Thomas Hobbes was an English Enlightenment scholar
Thomas Hobbes was an English Enlightenment scholar
Main article: Thomas Hobbes

In his treatise Leviathan, (1649), Hobbes expresses a view of natural law as a precept, or general rule, found out by reason, by which a man is forbidden to do that which is destructive of his life, or takes away the means of preserving the same; and to omit that by which he thinks it may best be preserved. Hobbes was a social contractarian[13] and believed that the law gained peoples' tacit consent. He believed that society was formed from a state of nature to protect people from the state of war between mankind that exists otherwise. Life is, without an ordered society, "solitary, poore, nasty, brutish and short". It is commonly commented that Hobbes' views about the core of human nature were influenced by his times. The English Civil War and the Cromwellian dictatorship had taken place, and he felt absolute authority vested in a monarch, whose subjects obeyed the law, was the basis of a civilized society. Image File history File links Thomas_Hobbes_(portrait). ... Image File history File links Thomas_Hobbes_(portrait). ... “Hobbes” redirects here. ... Frontispiece of Leviathan, etching by Abraham Bosse, with input from Hobbes For other uses, see Leviathan (disambiguation). ... A Precept (from the Latin præcipere, to teach) is a commandment, instruction, or order intended as an authoritative rule of action. ... For other uses, see Reason (disambiguation). ... This article deals with the philosophical and political concept of the social contract, and not with juridical contract theory. ... State of nature is a term in political philosophy used in social contract theories to describe the hypothetical condition of humanity before the states foundation and its monopoly on the legitimate use of physical force. ... For other uses, see English Civil War (disambiguation). ...


Lon Fuller

Main article: Lon L. Fuller

Writing after World War II, Lon L. Fuller notably emphasised that the law must meet certain formal requirements (such as being impartial and publicly knowable). To the extent that an institutional system of social control falls short of these requirements, Fuller argues, we are less inclined to recognise it as a system of law, or to give it our respect. Thus, law has an internal morality that goes beyond the social rules by which valid laws are made. Fuller and Hart were colleagues at Oxford University. One of the disagreements between Fuller, a natural lawyer, and Hart, a positivist, was whether Nazi law was so bad that it could no longer be considered law. Lon Louvois Fuller (1902-1978) is a noted legal douche-bag philosopher, who wrote The Morality of Law in 1964, discussing the connection between law and morality. ... Combatants Allied powers: China France Great Britain Soviet Union United States and others Axis powers: Germany Italy Japan and others Commanders Chiang Kai-shek Charles de Gaulle Winston Churchill Joseph Stalin Franklin Roosevelt Adolf Hitler Benito Mussolini Hideki Tōjō Casualties Military dead: 17,000,000 Civilian dead: 33,000... For the jurisprudence of courts, see Case law. ... For the jurisprudence of courts, see Case law. ... National Socialism redirects here. ...


John Finnis

Main article: John Finnis

Sophisticated positivist and natural law theories sometimes resemble each other more than the above descriptions might suggest, and they may concede certain points to the other "side". Identifying a particular theorist as a positivist or a natural law theorist sometimes involves matters of emphasis and degree, and the particular influences on the theorist's work. In particular, the older natural lawyers, such as Aquinas and John Locke made no distinction between analytic and normative jurisprudence. But modern natural lawyers, such as John Finnis claim to be positivists, while still arguing that law is a basically moral creature. This article or section does not cite its references or sources. ...


Analytic jurisprudence

Hume made the famous is-ought distinction
Hume made the famous is-ought distinction

Analytic, or 'clarificatory' jurisprudence is using a neutral point of view and descriptive language when referring to the aspects of legal systems. This was a philosophical development that rejected natural law's fusing of what law is and what it ought to be.[14] David Hume famously argued in A Treatise of Human Nature[1][15] that people invariably slip between describing that the world is a certain way to saying therefore we ought to conclude on a particular course of action. But as a matter of pure logic, one cannot conclude that we ought to do something merely because something is the case. So analysing and clarifying the way the world is must be treated as a strictly separate question to normative and evaluative ought questions. Image File history File links Download high-resolution version (825x1000, 91 KB) Found at Web Gallery of Art File links The following pages on the English Wikipedia link to this file (pages on other projects are not listed): David Hume Empiricism Allan Ramsay (1713-1784) Category talk:Philosophers User:Primalchaos... Image File history File links Download high-resolution version (825x1000, 91 KB) Found at Web Gallery of Art File links The following pages on the English Wikipedia link to this file (pages on other projects are not listed): David Hume Empiricism Allan Ramsay (1713-1784) Category talk:Philosophers User:Primalchaos... Analytical jurisprudence is to analyse the nature of law. ... This article is about the philosopher. ... A Treatise of Human Nature is a book by philosopher David Hume, published in 1739–1740. ...


The most important questions of analytic jurisprudence are: "What are laws?"; "What is the law?"; "What is the relationship between law and power/sociology?"; and, "What is the relationship between law and morality?" Legal positivism is the dominant theory, although there are a growing number of critics, who offer their own interpretations.


Legal positivists

Main article: Legal positivism

Positivism simply means that the law is something that is "posited": laws are validly made in accordance with socially accepted rules. The positivist view on law can be seen to cover two broad principles: Firstly, that laws may seek to enforce justice, morality, or any other normative end, but their success or failure in doing so does not determine their validity. Provided a law is properly formed, in accordance with the rules recognized in the society concerned, it is a valid law, regardless of whether it is just by some other standard. Secondly, that law is nothing more than a set of rules to provide order and governance of society. No legal positivist, however, argues that it follows that the law is therefore to be obeyed, no matter what. This is seen as a separate question entirely. Legal positivism is a school of thought in jurisprudence and the philosophy of law. ...

  • What the law is - is determined by social facts (or "sources')
  • What obedience the law is owed - is determined by moral considerations.

Bentham and Austin

Bentham's utilitarian theories remained dominant in law till the twentieth century

One of the earliest legal positivists was Jeremy Bentham. Bentham was an early and staunch supporter of the utilitarian concept (along with Hume), an avid prison reformer, advocate for democracy, and strongly atheist. Bentham's views about law and jurisprudence were popularized by his student, John Austin. Austin was the first chair of law at the new University of London from 1829. Austin's utilitarian answer to "what is law?" was that law is "commands, backed by threat of sanctions, from a sovereign, to whom people have a habit of obedience".[16] Contemporary legal positivists have long abandoned this view, and have criticised its oversimplification, H.L.A. Hart particularly. Jeremy Bentham, British philosopher, 1748-1832 The two-dimensional work of art depicted in this image is in the public domain in the United States and in those countries with a copyright term of life of the author plus 100 years. ... Jeremy Bentham, British philosopher, 1748-1832 The two-dimensional work of art depicted in this image is in the public domain in the United States and in those countries with a copyright term of life of the author plus 100 years. ... Jeremy Bentham (IPA: or ) (February 15, 1748 O.S. (February 26, 1748 N.S.) – June 6, 1832) was an English jurist, philosopher, and legal and social reformer. ... John Austin (1790 - 1859) was a noted British jurist. ... This article is about the philosopher. ... For information about the band, see Atheist (band). ... John Austin (1790 - 1859) was a noted British jurist. ... The University of London is a university based primarily in London. ... This article discusses utilitarian ethical theory. ...


Hans Kelsen

Hans Kelsen
Hans Kelsen
Main article: Hans Kelsen

Hans Kelsen is considered one of the preeminent jurists of the 20th century. He is most influential in Europe, where his notion of a Grundnorm or a "presupposed" ultimate and basic legal norm, still retains some influence. It is a hypothetical norm on which all subsequent levels of a legal system such as constitutional law and "simple" law are based. Kelsen's pure theory of law described the law as being a set of social facts, which are normatively binding too. Law's normativity, meaning that we must obey it, derives from a basic rule which sits outside the law we can alter. It is a rule proscribing the validity of all others. Hans Kelsen , Copyright by Bildarchiv der Österreichischen Nationalbibliothek, Wien. ... Hans Kelsen , Copyright by Bildarchiv der Österreichischen Nationalbibliothek, Wien. ... Hans Kelsen Hans Kelsen (Prague, October 11, 1881 – April 19, 1973) was an Austrian -American jurist of Jewish descent. ... (19th century - 20th century - 21st century - more centuries) Decades: 1900s 1910s 1920s 1930s 1940s 1950s 1960s 1970s 1980s 1990s As a means of recording the passage of time, the 20th century was that century which lasted from 1901–2000 in the sense of the Gregorian calendar (1900–1999... Grundnorm is a German word meaning fundamental norm. ... The French Declaration of the Rights of the Man and of the Citizen, whose principles still have constitutional value Constitutional law is the study of foundational or basic laws of nation states and other political organizations. ...


Kelsen was a Professor around Europe, notably the University of Vienna. In 1940, he moved to the United States, giving the Oliver Wendell Holmes Lectures at Harvard Law School in 1942 and becoming a full professor at the department of political science at the University of California, Berkeley in 1945. During those years, he increasingly dealt with issues of international law and international institutions such as the United Nations. The University of Vienna (German: ) is a public university located in Vienna, Austria. ... Year 1940 (MCMXL) was a leap year starting on Monday (link will display the full 1940 calendar) of the Gregorian calendar. ... Harvard Law School (colloquially, Harvard Law or HLS) is one of the professional graduate schools of Harvard University. ... Year 1942 (MCMXLII) was a common year starting on Thursday (the link will display the full 1942 calendar) of the Gregorian calendar. ... The Politics series Politics Portal This box:      Political Science is the field concerning the theory and practice of politics and the description and analysis of political systems and political behaviour. ... Sather tower (the Campanile) looking out over the San Francisco Bay and Mount Tamalpais. ... Year 1945 (MCMXLV) was a common year starting on Monday (link will display the full calendar). ... This article or section is in need of attention from an expert on the subject. ... The foundation of the U.N. The United Nations (UN) is an international organization whose stated aims are to facilitate co-operation in international law, international security, economic development, social progress and human rights issues. ...


H.L.A. Hart

Main article: H.L.A. Hart

In the Anglophone world, the pivotal writer was H.L.A. Hart, who argued that the law should be understood as a system of social rules. Hart rejected Kelsen's views that sanctions were essential to law and that a normative social phenomenon, like law, can not be grounded in non-normative social facts. Hart really revived analytical jurisprudence as an important theoretical debate in the twentieth century through his book The Concept of Law.[17] As the chair of jurisprudence at Oxford University, Hart argued law is a 'system of rules'. H. L. A. Hart (Herbert Lionel Adolphus Hart) (1907-1992) is considered one of the most important legal philosophers of the twentieth century. ... H. L. A. Hart (Herbert Lionel Adolphus Hart) (1907-1992) is considered one of the most important legal philosophers of the twentieth century. ... The Concept of Law (ISBN 0-19-876122-8) is the most famous work of the legal philosopher H. L. A. Hart. ... The University of Oxford, located in the city of Oxford in England, is the oldest university in the English-speaking world. ...


Rules, said Hart, are divided into primary rules (rules of conduct) and secondary rules (rules addressed to officials to administer primary rules). Secondary rules are divided into rules of adjudication (to resolve legal disputes), rules of change (allowing laws to be varied) and the rule of recognition (allowing laws to be identified as valid). The "rule of recognition", a customary practice of the officials (especially judges) that identifies certain acts and decisions as sources of law. A pivotal book on Hart was written by Neil MacCormick[2] in 1981 (second edition due in 2007), which further refined and offered some important criticisms that led MacCormick to develop his own theory (the best example of which is his recently published Institutions of Law, 2007). Other important critiques have included that of Ronald Dworkin, John Finnis, and Joseph Raz. Ronald Dworkin (born 1931) is an American legal philosopher, and currently professor of Jurisprudence at University College London and the New York University School of Law. ... This article or section does not cite its references or sources. ... Joseph Raz (born 1939) is an influential legal, moral and political philosopher. ...


In recent years, debates about the nature of law have become increasingly fine-grained. One important debate is within legal positivism. One school is sometimes called exclusive legal positivism, and it is associated with the view that the legal validity of a norm can never depend on its moral correctness. A second school is labeled inclusive legal positivism, and it is associated with the view that moral considerations may determine the legal validity of a norm, but that it is not necessary that this is the case.


Joseph Raz

Main article: Joseph Raz

Some philosophers used to contend that positivism was the theory that there is "no necessary connection" between law and morality; but influential contemporary positivists, including Joseph Raz, John Gardner, and Leslie Green, reject that view. As Raz points out, it is a necessary truth that there are vices that a legal system cannot possibly have (for example, it cannot commit rape or murder). Joseph Raz (born 1939) is an influential legal, moral and political philosopher. ...


Joseph Raz defends the positivist outlook, but criticised Hart's "soft social thesis" approach in The Authority of Law.[18] Raz argues that law is authority, identifiable purely through social sources, without reference to moral reasoning. Any categorisation of rules beyond their role as authoritative is best left to sociology, rather than jurisprudence.[19]


Ronald Dworkin

Main articles: Ronald Dworkin and Interpretivism

Ronald Dworkin is a leading philosopher, and was Hart's star pupil at Oxford. In his book 'Law's Empire'[20] Dworkin attacked Hart and the positivists for their refusal to treat law as a moral issue. Dworkin argues that law is an 'interpretive' concept, that requires judges to find the best fitting and most just solution to a legal dispute, given their constitutional traditions. According to him, law is not entirely based on social facts, but includes the morally best justification for the institutional facts and practices that we intuitively regard as legal. It follows on Dworkin's view that one cannot know whether a society has a legal system in force, or what any of its laws are, until one knows some moral truths about the justifications for the practices in that society. It is consistent with Dworkin's view--in contrast with the views of legal positivists or legal realists--that *no one* in a society may know what its laws are (because no one may know the best justification for its practices.) Ronald Dworkin (born 1931) is an American legal philosopher, and currently professor of Jurisprudence at University College London and the New York University School of Law. ... Interpretivism is a school of thought in contemporary jurisprudence and the philosophy of law. ...


Interpretation, according to Dworkin's law as integrity theory, has two dimensions. To count as an interpretation, the reading of a text must meet the criterion of fit. But of those interpretations that fit, Dworkin maintains that the correct interpretation is the one that puts the political practices of the community in their best light, or makes of them the best that they can be. But many writers have doubted whether there is a single best justification for the complex practices of any given community, and others have doubted whether, even if there are, they should be counted as part of the law of that community.


Legal realism

Oliver Wendell Holmes was a self-defined legal realist
Main article: Legal realism

Legal realism was a view popular with some Scandinavian and American writers. Skeptical in tone, it held that the law should be understood and determined by the actual practices of courts, law offices, and police stations, rather than as the rules and doctrines set forth in statutes or learned treatises. It had some affinities with the sociology of law. The essential tenet of legal realism is that all law is made by human beings and, thus, is subject to human foibles, frailties and imperfections. This image has been released into the public domain by the copyright holder, its copyright has expired, or it is ineligible for copyright. ... This image has been released into the public domain by the copyright holder, its copyright has expired, or it is ineligible for copyright. ... Legal realism is a family of theories about the nature of law developed in the first half of the 20th century in the United States (American Legal Realism) and Scandinavia (Scandinavian Legal Realism). ...


It has become quite common today to identify Justice Oliver Wendell Holmes, Jr., as the main precursor of American Legal Realism (other influences include Roscoe Pound, Karl Llewellyn and Justice Benjamin Cardozo). The chief inspiration for Scandinavian legal realism many consider to be the works of Axel Hägerström. Despite its decline in facial popularity, realists continue to influence a wide spectrum of jurisprudential schools today, including critical legal studies (scholars such as Duncan Kennedy and Roberto Unger), feminist legal theory, critical race theory, and law and economics. Oliver Wendell Holmes, Jr. ... Roscoe Pound (1870 - 1964) was a distinguished American legal scholar and educator. ... This article or section does not cite its references or sources. ... Benjamin Nathan Cardozo (May 24, 1870–July 9, 1938) is a well-known American jurist, and is remembered not only for his landmark decisions on negligence but also his modesty, philosophy, and writing style, which is considered remarkable for its prose and vividness. ... Axel Hägerström Axel Anders Theodor Hägerström (September 6, 1868 – July 7, 1939) was a Swedish philosopher and jurisprude. ... Critical legal studies refers to a movement in legal thought that applied methods similar to those of critical theory (the Frankfurt School) to law. ... Duncan Kennedy (*1942 in Washington, D.C.) is the Carter Professor of General Jurisprudence at Harvard Law School. ... Roberto Unger is a Brazilian contemporary social theorist and law professor at Harvard Law School. ... The study of feminist legal theory is a school thought based on the common view that laws treatment of women in relation to men has not been equal nor fair. ... This article or section does not adequately cite its references or sources. ... Law and economics, or economic analysis of law is an approach to legal theory that applies methods of economics to law. ...


The Historical School

Historical jurisprudence came to prominence during the German debate over the proposed codification of German law. In his book On the Vocation of Our Age for Legislation and Jurisprudence, [21] Friedrich Carl von Savigny argued that Germany did not have a legal language that would support codification because the traditions, customs and beliefs of the German people did not include a belief in a code. The Historicists believe that the law originates with society. The Historical school of economics was a mainly German school of economic thought which held that a study of history was the key source of knowledge about human actions and economic matters, since economics would be culture-specific and not generalizable over space and time. ... Friedrich Carl von Savigny Friedrich Carl von Savigny (February 21, 1779 - 25 October 1861) was one of the most respected and influential 19th-century jurists. ...


Normative jurisprudence

Main article: Political philosophy

In addition to the question, "What is law?", legal philosophy is also concerned with normative, or "evaluative" theories of law. What is the goal or purpose of law? What moral or political theories provide a foundation for the law? What is the proper function of law? What sorts of acts should be subject to punishment, and what sorts of punishment should be permitted? What is justice? What rights do we have? Is there a duty to obey the law? What value has the rule of law? Some of the different schools and leading thinkers are as follows. The Politics series Politics Portal This box:      Political philosophy is the study of fundamental questions about the state, government, politics, liberty, justice, property, rights, law and the enforcement of a legal code by authority: what they are, why (or even if) they are needed, what makes a government legitimate, what... Sanctions are usually monetary fines, levied against a party to a legal action or his attorney, for violating rules of procedure, or for abusing the judicial process. ...


Virtue jurisprudence

Plato (left) and Aristotle (right), a detail of The School of Athens
Plato (left) and Aristotle (right), a detail of The School of Athens
Main article: Virtue jurisprudence

Aretaic moral theories such as contemporary virtue ethics emphasize the role of character in morality. Virtue jurisprudence is the view that the laws should promote the development of virtuous characters by citizens. Historically, this approach is associated mainly with Aristotle or Thomas Aquinas later. Contemporary virtue jurisprudence is inspired by philosophical work on virtue ethics. Download high resolution version (804x1052, 186 KB) Wikipedia does not have an article with this exact name. ... Download high resolution version (804x1052, 186 KB) Wikipedia does not have an article with this exact name. ... PLATO was one of the first generalized Computer assisted instruction systems, originally built by the University of Illinois (U of I) and later taken over by Control Data Corporation (CDC), who provided the machines it ran on. ... The School of Athens or in Italian is one of the most famous paintings by the Italian Renaissance artist Raphael. ... In the philosophy of law, virtue jurisprudence is the name given to theories of law related to virtue ethics. ... This article or section does not cite its references or sources. ... Aristotle (Greek: Aristotélēs) (384 BC – 322 BC) was a Greek philosopher, a student of Plato and teacher of Alexander the Great. ... Saint Thomas Aquinas, O.P.(also Thomas of Aquin, or Aquino; c. ...


Deontology

Kant was a pre-eminent Enlightenment thinker
Main article: Deontological ethics

Deontology is "the theory of duty or moral obligation."[22] The philosopher Immanuel Kant formulated one influential deontological theory of law. He believed that morality is what if I do, would be good for everyone to do. A contemporary deontological approach can be found in the work of the legal philosopher Ronald Dworkin. Image File history File links Kant_2. ... Image File history File links Kant_2. ... Deontological ethics or deontology (Greek: δέον (deon) meaning obligation or duty) is an approach to ethics that focuses on the rightness or wrongness of actions themselves, as opposed to the rightness or wrongness of the consequences of those actions. ... “Kant” redirects here. ... Ronald Dworkin (born 1931) is an American legal philosopher, and currently professor of Jurisprudence at University College London and the New York University School of Law. ...


Utilitarianism

Mill believed law should create happiness
Main article: Utilitarianism

Utilitarianism is the view that the laws should be crafted so as to produce the best consequences. Historically, utilitarian thinking about law is associated with the great philosopher, Jeremy Bentham. John Stuart Mill was a pupil of Bentham's and was the torch bearer for utilitarian philosophy through the late nineteenth century.[23] In contemporary legal theory, the utilitarian approach is frequently championed by scholars who work in the law and economics tradition. John Stuart Mill, scan of Photogravure from 19th century book This image has been released into the public domain by the copyright holder, its copyright has expired, or it is ineligible for copyright. ... John Stuart Mill, scan of Photogravure from 19th century book This image has been released into the public domain by the copyright holder, its copyright has expired, or it is ineligible for copyright. ... This article discusses utilitarian ethical theory. ... Jeremy Bentham (IPA: or ) (February 15, 1748 O.S. (February 26, 1748 N.S.) – June 6, 1832) was an English jurist, philosopher, and legal and social reformer. ... John Stuart Mill (20 May 1806 – 8 May 1873), British philosopher, political economist civil servant, and Member of Parliament, was an influential liberal thinker of the 19th century. ... John Stuart Mills book Utilitarianism is one of the most influential and widely-read philosophical defenses of utilitarianism in ethics. ... Law and economics, or economic analysis of law is an approach to legal theory that applies methods of economics to law. ...


John Rawls

Main articles: John Rawls and A Theory of Justice

John Rawls was an American philosopher, a professor of political philosophy at Harvard University and author of A Theory of Justice (1971), Political Liberalism, Justice as Fairness: A Restatement, and The Law of Peoples. He is widely considered one of the most important English-language political philosophers of the 20th century. His theory of justice uses a device called the original position to ask us which principles of justice we would choose to regulate the basic institutions of our society if we were behind a `veil of ignorance.' Imagine we do not know who we are - our race, sex, wealth status, class, or any distinguishing feature - so that we would not be biased in our own favour. Rawls argues from this 'original position' that we would choose exactly the same political liberties for everyone, like freedom of speech, the right to vote and so on. Also, we would choose a system where there is only inequality because that produces incentives enough for the economic well-being of all society, especially the poorest. This is Rawls' famous 'difference principle'. Justice is fairness, in the sense that the fairness of the original position of choice guarantees the fairness of the principles chosen in that position. John Rawls (February 21, 1921 – November 24, 2002) was an American philosopher, a professor of political philosophy at Harvard University and author of A Theory of Justice (1971), Political Liberalism, Justice as Fairness: A Restatement, and The Law of Peoples. ... A Theory of Justice is a book of political and moral philosophy by John Rawls. ... A philosopher is a person who thinks deeply regarding people, society, the world, and/or the universe. ... The meaning of the word professor (Latin: one who claims publicly to be an expert) varies. ... The Politics series Politics Portal This box:      Political philosophy is the study of fundamental questions about the state, government, politics, liberty, justice, property, rights, law and the enforcement of a legal code by authority: what they are, why (or even if) they are needed, what makes a government legitimate, what... Harvard University (incorporated as The President and Fellows of Harvard College) is a private university in Cambridge, Massachusetts, USA and a member of the Ivy League. ... A Theory of Justice is a book of political and moral philosophy by John Rawls. ... Year 1971 (MCMLXXI) was a common year starting on Friday (link will display full calendar) of the 1971 Gregorian calendar. ... Political Liberalism is an update to John Rawls 1971 Theory of Justice in which Rawls attempts to show that his theory of justice is not a comprehensive conception of the good, but is instead compatible with a liberal conception of the role of justice: namely, that government should be neutral... The Law of Peoples is American Philosopher John Rawlss work on international relations. ...


There are many other normative approaches to the philosophy of law, including critical legal studies and libertarian theories of law. Critical legal studies refers to a movement in legal thought that applied methods similar to those of critical theory (the Frankfurt School) to law. ... Libertarian theories of law build on libertarianism or classical liberalism. ...


References

  1. ^ Shellens, "Aristotle on Natural Law."
  2. ^ Jaffa, Thomism and Aristotelianism.
  3. ^ H. Rackham, trans., Nicomachean Ethics, Loeb Classical Library; J. A. K. Thomson, trans. (revised by Hugh Tedennick), Nicomachean Ethics, Penguin Classics.
  4. ^ Joe Sachs, trans., Nicomachean Ethics, Focus Publishing
  5. ^ Nicomachean Ethics, Bk. V, ch. 6–7.
  6. ^ Politics, Bk. III, ch. 16.
  7. ^ Rhetoric 1373b2–8.
  8. ^ Shellens, "Aristotle on Natural Law," 75–81
  9. ^ "Natural Law," International Encyclopedia of the Social Sciences.
  10. ^ On the Sources of Islamic Law and Practices, The Journal of law and religion [0748-0814] Souaiaia yr:2005 vol:20 iss:1 pg:123
  11. ^ Louis Pojman, Ethics (Belmont, CA: Wadsworth Publishing Company, 1995).
  12. ^ Summa, Q94a2.
  13. ^ Basically meaning: the people of a society are prepared give up some rights to a government in order to receive social order.
  14. ^ See H L A Hart, 'Positivism and the Separation of Law and Morals' (1958) 71 Harv. L. Rev. 593
  15. ^ David Hume, A Treatise of Human Nature (1739)
  16. ^ John Austin, The Providence of Jurisprudence Determined (1831)
  17. ^ H.L.A. Hart, The Concept of Law (1961) Oxford University Press, ISBN 0-19-876122-8
  18. ^ Joseph Raz, The Authority of Law (1979) Oxford University Press
  19. ^ ch. 2, Joseph Raz, The Authority of Law (1979)
  20. ^ Ronald Dworkin, Law's Empire (1986) Harvard University Press
  21. ^ Friedrich Carl von Savigny, On the Vocation of Our Age for Legislation and Jurisprudence (Abraham A. Hayward trans., 1831)
  22. ^ Webster's New World Dictionary of the American Language, p. 378 (2d Coll. Ed. 1978).
  23. ^ see, Utilitarianism at Metalibri Digital Library

Louis P. Pojman (April 22, 1935-October 15, 2005) (pronounced Poyman) was an American philosopher and professor. ... Belmont is a city located in San Mateo County, California. ... Official language(s) English Capital Sacramento Largest city Los Angeles Largest metro area Greater Los Angeles Area  Ranked 3rd  - Total 158,302 sq mi (410,000 km²)  - Width 250 miles (400 km)  - Length 770 miles (1,240 km)  - % water 4. ...

Further reading

See also Important publications in philosophy of law

  • Thomas Aquinas, Summa Contra Gentiles (many editions).
  • Vicente Barretto, Dicionário de Filosofia do Direito (São Leopoldo, Unisinos Editora, 2006 ISBN 85-7431-266-5)
  • Bruce L. Benson: Where Does Law Come From?.
  • Ronald Dworkin, Taking Rights Seriously (Cambridge, MA: Harvard University Press, 1977).
  • Ronald Dworkin, A Matter of Principle (Cambridge, MA: Harvard University Press, 1986).
  • Ronald Dworkin, Law's Empire (Cambridge, MA: Harvard University Press, 1986).
  • Ronald Dworkin, Freedom's Law: The Moral Reading of the American Constitution (Cambridge, MA: Harvard University Press, 1997).
  • Lon L. Fuller, The Morality of Law (New Haven, CT: Yale University Press, 1965).
  • John Chipman Gray, The Nature and Sources of Law (Peter Smith, 1972, reprint).
  • J. W. Harris, Legal Philosophies (LexisNexis UK, 2nd revised edition, 1997)
  • H.L.A. Hart, The Concept of Law (Oxford: Oxford University Press, 1961).
  • H.L.A. Hart, Punishment and Responsibility (Oxford: Oxford University Press, 1968).
  • Sterling Harwood, Judicial Activism: A Restrained Defense (London: Austin & Winfield Publishers, 1996).
  • Georg Wilhelm Friedrich Hegel, Philosophy of Right (Oxford University Press 1967).
  • Ian Farrell & Morten Ebbe Juul Nielsen, Legal Philosophy: 5 Questions, New York: Automatic Press / VIP, April 2007: [3].
  • Oliver Wendell Holmes, Jr., The Common Law (Dover, 1991, reprint).
  • Immanuel Kant, Metaphysics of Morals (Doctrine of Right) (Cambridge University Press 2000, reprint).
  • Hans Kelsen, Pure Theory of Law (Lawbook Exchange Ltd., 2005, reprint).
  • Duncan Kennedy, A Critique of Adjudication (Cambridge, MA: Harvard University Press, 1998).
  • Hans Köchler, Philosophie – Recht – Politik. Abhandlungen zur politischen Philosophie und zur Rechtsphilosophie. (Veröffentlichungen der Arbeitsgemeinschaft für Wissenschaft und Politik an der Universität Innsbruck, Vol. IV.) Vienna/New York: Springer, 1985 (German).
  • Hans Köchler, "The Changing Nature of Power and the Erosion of Democracy in the Era of Technology: Challenges to the Philosophy of Law in the 21st Century," in: International Academy for Philosophy, Yerevan (Armenia) / Athens (Greece) / Berkeley (USA), News and Views, No. 13 (November 2006), pp. 4-28.
  • David Lyons, Ethics & The Rule of Law (Cambridge: Cambridge University Press, 1984).
  • David Lyons, Moral Aspects of Legal Theory (Cambridge: Cambridge University Press, 1993).
  • Neil MacCormick, Legal Reasoning and Legal Theory (Oxford: Oxford University Press, 1979).
  • Joseph Raz, The Authority of Law (Oxford: Oxford University Press, 1983, reprint).
  • A. E. Souaiaia, Verbalizing Meaning: The Function of Orality in Islamic Law and Practices (London: Edwin Mellen Press, 2006).
  • Robert S. Summers, Instrumentalism and American Legal Theory (Ithaca, NY: Cornell University Press, 1982).
  • Robert S. Summers, Lon Fuller (Stanford, CA: Stanford University Press, 1984).
  • Jarkko Tontti, Right and Prejudice - Prolegomena to a Hermeneutical Philosophy of Law. Ashgate 2004.
  • Roberto Mangabeira Unger, The Critical Legal Studies Movement (Cambridge, MA: Harvard University Press, 1986).
  • C.L. (Chin Liew) Ten, Crime, Guilt, and Punishment (Oxford: Clarendon Press, 1987; repr. 1989, 1990).
  • Jeffrie G. Murphy and Jules L. Coleman, The Philosophy of Law: An Introduction to Jurisprudence (Boulder, CO: Westview Press, 1989).

Saint Thomas Aquinas, O.P.(also Thomas of Aquin, or Aquino; c. ... There are very few or no other articles that link to this one. ... Hans Köchler (born October 18, 1948 in Schwaz, Tyrol, Austria) is Full Professor of Philosophy and Chairman of the Department of Philosophy at the University of Innsbruck, Austria. ... Hans Köchler (born October 18, 1948 in Schwaz, Tyrol, Austria) is Full Professor of Philosophy and Chairman of the Department of Philosophy at the University of Innsbruck, Austria. ... For other uses, see Law (disambiguation). ... For other uses, see Law (disambiguation). ... Administrative law in the United States often relates to, or arises from, so-called independent agencies- such as the Federal Trade Commission (FTC). Here is FTCs headquarters in Washington D.C. Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... Not to be confused with torte, an iced cake. ... This article or section does not cite any references or sources. ... This law-related article does not cite its references or sources. ... The Court of Chancery, London, early 19th century This article is about the concept of equity in the jurisprudence of common law countries. ... International law deals with the relationships between states, or between persons or entities in different states. ... Conflict of laws, or private international law, or international private law is that branch of international law and interstate law that regulates all lawsuits involving a foreign law element, where a difference in result will occur depending on which laws are applied as the lex causae. ... Supranational law is a form of international law, based on the limitation of the rights of sovereign nations between one another. ... Image File history File links Scale_of_justice_2. ... For other uses, see Law (disambiguation). ... Labour law (American English: labor) or employment law is the body of laws, administrative rulings, and precedents which addresses the legal rights of, and restrictions on, working people and their organizations. ... Human rights law is a system of laws, both domestic and international which is intended to promote human rights. ... Legal procedure is the body of law and rules used in the administration of justice in the court system, including such areas as civil procedure, criminal procedure, appellate procedure, administrative procedure, labour procedure, and probate. ... The law of evidence governs the use of testimony (e. ... Nationality law is the branch of a countrys legal system wherein legislation, custom and court precendent combine to define the ways in which that countrys nationality and citizenship are transmitted, acquired or lost. ... Family Law was a television drama starring Kathleen Quinlan as a divorced lawyer who attempted to start her own law firm after her lawyer husband took all their old clients. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... Commercial law or business law is the body of law which governs business and commerce and is often considered to be a branch of civil law and deals both with issues of private law and public law. ... Corporations law or corporate law is the law concerning the creation and regulation of corporations. ... For the 2006 film, see Intellectual Property (film). ... The following analysis is based on English law. ... Restitution is the name given to a form of legal relief in which the plaintiff recovers something from the defendant that belongs, or should belong, to the plaintiff. ... Tax law is the codified system of laws that describes government levies on economic transactions, commonly called taxes. ... Bank regulations are a form of government regulation which subject banks to certain requirements, restrictions and guidelines, aiming to uphold the soundness and integrity of the financial system. ... It has been suggested that this article or section be merged with antitrust. ... Consumer protection is a form of government regulation which protects the interests of consumers. ... Environmental law is a body of law, which is a system of complex and interlocking statutes, common law, treaties, conventions, regulations and policies which seeks to protect the natural environment which may be affected, impacted or endangered by human activities. ... Admiralty law (also referred to as maritime law) is a distinct body of law which governs maritime questions and offenses. ... Military law is a distinct legal system to which members of armed forces are subject. ... Products liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. ... World distribution of major legal traditions The three major legal systems of the world today consist of civil law, common law and religious law. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... For other uses of civil law, see civil law. ... In the religious sense, law can be thought of as the ordering principle of reality; knowledge as revealed by God defining and governing all human affairs. ... It has been suggested that this article or section be merged with Socialist Legality. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... This article is about law in society. ... Legal history is a term that has at least two meanings. ... Law and economics, or economic analysis of law is an approach to legal theory that applies methods of economics to law. ... An approach to law stressing the actual social effects of legal institutions, doctrines, and practices and vice versa. ... For other uses, see Law (disambiguation). ... The Politics series Politics Portal This box:      In the law, the judiciary or judicial system is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. ... A legislature is a type of representative deliberative assembly with the power to adopt laws. ... The Politics series Politics Portal This box:      This article is about the sociological concept. ... A lawyer is a person licensed by the state to advise clients in legal matters and represent them in courts of law and in other forms of dispute resolution. ... The Politics series Politics Portal This box:      Civil society is composed of the totality of voluntary civic and social organizations and institutions that form the basis of a functioning society as opposed to the force-backed structures of a state (regardless of that states political system) and commercial institutions. ... For other uses, see Philosophy (disambiguation). ... Eastern philosophy refers very broadly to the various philosophies of Asia, including Indian philosophy, Chinese philosophy, Persian philosophy, Japanese philosophy, and Korean philosophy. ... Western philosophy is a modern claim that there is a line of related philosophical thinking, beginning in ancient Greece (Greek philosophy) and the ancient Near East (the Abrahamic religions), that continues to this day. ... The history of philosophy is the study of philosophical ideas and concepts through time. ... This page lists some links to ancient philosophy, although for Western thinkers prior to Socrates, see Pre-Socratic philosophy. ... Philosophy seated between the seven liberal arts – Picture from the Hortus deliciarum of Herrad von Landsberg (12th century) Medieval philosophy is the philosophy of Europe and the Middle East in the era now known as medieval or the Middle Ages, the period roughly extending from the fall of the Roman... 17th-century philosophy in the West is generally regarded as seeing the start of modern philosophy, and the shaking off of the mediæval approach, especially scholasticism. ... This article or section does not cite its references or sources. ... Philosophy is a broad field of knowledge in which the definition of knowledge itself is one of the subjects investigated. ... This page aims to list articles on Wikipedia that are related to philosophy, beginning with the letters A through C. This is so that those interested in the subject can monitor changes to the pages by clicking on Related changes in the sidebar. ... The alphabetical list of philosophers is so large it had to be broken up into several pages. ... Philosophies: particular schools of thought, styles of philosophy, or descriptions of philosophical ideas attributed to a particular group or culture - listed in alphabetical order. ... This is a list of topics relating to philosophy that end in -ism. ... A philosophical movement is either the appearance or increased popularity of a specific school of philosophy, or a fairly broad but identifiable sea-change in philosophical thought on a particular subject. ... This is a list of philosophical lists. ... The Parthenons facade showing an interpretation of golden rectangles in its proportions. ... For other uses, see Ethics (disambiguation). ... It has been suggested that Meta-epistemology be merged into this article or section. ... Logic (from Classical Greek λόγος logos; meaning word, thought, idea, argument, account, reason, or principle) is the study of the principles and criteria of valid inference and demonstration. ... Plato (Left) and Aristotle (right), by Raphael (Stanza della Segnatura, Rome) Metaphysics is the branch of philosophy concerned with explaining the ultimate nature of reality, being, and the world. ... The Politics series Politics Portal This box:      Political philosophy is the study of fundamental questions about the state, government, politics, liberty, justice, property, rights, law and the enforcement of a legal code by authority: what they are, why (or even if) they are needed, what makes a government legitimate, what... The neutrality and factual accuracy of this article are disputed. ... The philosophy of information (PI) is a new area of research, which studies conceptual issues arising at the intersection of computer science, information technology, and philosophy. ... Philosophy of History is an area of philosophy concerning the eventual significance, if any, of human history. ... Philosophical anthropology is the philosophical discipline that seeks to unify the several empirical investigations and phenomenological explorations of human nature in an effort to understand human beings as both creatures of their environment and creators of their own values. ... Philosophy of Humor is a branch of philosophy that is concerned with the philosophical study of humor. ... Philosophy of law is a branch of philosophy and jurisprudence which studies basic questions about law and legal systems, such as what is the law?, what are the criteria for legal validity?, what is the relationship between law and morality?, and many other similar questions. ... Philosophy and literature is the literary treatment of philosophers and philosophical themes. ... // Philosophy of mathematics is the branch of philosophy that studies the philosophical assumptions, foundations, and implications of mathematics. ... A Phrenological mapping of the brain. ... Some of the questions relating to the philosophy of music are: What, exactly is music (what are the necessary and sufficient conditions for it)? What is the relationship between music and emotion? Peter Kivy, Professor of Philosophy at Rutgers University, in particular, sets out to argue how music, which is... Metaphilosophy (from Greek meta + philosophy) is the study of the subject and matter, methods and aims of philosophy. ... Philosophy of physics is the study of the fundamental, philosophical questions underlying modern physics, the study of matter and energy and how they interact. ... Philosophy of psychology typically refers to a set of issues at the theoretical foundations of modern psychology. ... Philosophy of science is the study of assumptions, foundations, and implications of science, especially in the natural sciences and social sciences. ... Philosophy of social science is the scholarly elucidation and debate of accounts of the nature of the social sciences, their relations to each other, and their relations to the natural sciences (see natural science). ... The Philosophy of technology is a philosophical field dedicated to studying the nature of technology and its social effects. ... The Philosophy of war examines war beyond the typical questions of weaponry and strategy, inquiring into the meaning and etiology of war, what war means for humanity and human nature as well as the ethics of war. ... Analytic philosophy (sometimes, analytical philosophy) is a generic term for a style of philosophy that came to dominate English-speaking countries in the 20th century. ... Aristotelianism is a tradition of philosophy that takes its defining inspiration from the work of Aristotle. ... Continental philosophy is a term used in philosophy to designate one of two major traditions of modern Western philosophy. ... Critical theory, in sociology and philosophy, is shorthand for critical theory of society or critical social theory, a label used by the Frankfurt School, i. ... Deconstruction is a term in contemporary philosophy, literary criticism, and the social sciences, denoting a process by which the texts and languages of Western philosophy (in particular) appear to shift and complicate in meaning when read in light of the assumptions and absences they reveal within themselves. ... Deontological ethics or deontology (Greek: δέον (deon) meaning obligation or duty) is an approach to ethics that focuses on the rightness or wrongness of actions themselves, as opposed to the rightness or wrongness of the consequences of those actions. ... According to many followers of the theories of Karl Marx (or Marxists), dialectical materialism is the philosophical basis of Marxism. ... This article does not cite any references or sources. ... In philosophy generally, empiricism is a theory of knowledge emphasizing the role of experience in the formation of ideas, while discounting the notion of innate ideas. ... Epicureanism is a system of philosophy based upon the teachings of Epicurus (c. ... Existentialism is a philosophical movement which claims that individual human beings create the meanings of their own lives. ... Hegelianism is a philosophy developed by Georg Wilhelm Friedrich Hegel which can be summed up by a favorite motto by Hegel, the rational alone is real, which means that all reality is capable of being expressed in rational categories. ... Hermeneutics may be described as the development and study of theories of the interpretation and understanding of texts. ... See also the specific life stance known as Humanism For the Renaissance liberal arts movement, see Renaissance humanism Humanism is a broad category of ethical philosophies that affirm the dignity and worth of all people, based on the ability to determine right and wrong by appeal to universal human qualities... This section may require cleanup to meet Wikipedias quality standards. ... “Kant” redirects here. ... Logical positivism grew from the discussions of Moritz Schlicks Vienna Circle and Hans Reichenbachs Berlin Circle in the 1920s and 1930s. ... Marxism is both the theory and the political practice (that is, the praxis) derived from the work of Karl Marx and Friedrich Engels. ... In philosophy, materialism is that form of physicalism which holds that the only thing that can truly be said to exist is matter; that fundamentally, all things are composed of material and all phenomena are the result of material interactions; that matter is the only substance. ... For other uses, see Monist (disambiguation). ... Neoplatonism (also Neo-Platonism) is the modern term for a school of religious and mystical philosophy that took shape in the 3rd century AD, based on the teachings of Plato and earlier Platonists. ... The New Philosophers (French nouveaux philosophes) were a group of French philosophers (for example, André Glucksmann and Bernard Henri-Lévy) who appeared in the early 1970s, as critics of the previously-fashionable philosophers (roughly speaking, the post-structuralists). ... This article is about the philosophical position. ... This article or section does not adequately cite its references or sources. ... This article is about the philosophical movement. ... Platonic idealism is the theory that the substantive reality around us is only a reflection of a higher truth. ... // Positivism is a philosophy that states that the only authentic knowledge is scientific knowledge, and that such knowledge can only come from positive affirmation of theories through strict scientific method. ... Postmodern philosophy is an eclectic and elusive movement characterized by its criticism of Western philosophy. ... Post-structuralism is a body of work that followed in the wake of structuralism, and sought to understand the Western world as a network of structures, as in structuralism, but in which such structures are ordered primarily by local, shifting differences (as in deconstruction) rather than grand binary oppositions and... Pragmatism is a philosophic school that originated in the late nineteenth century with Charles Sanders Peirce, who first stated the pragmatic maxim. ... The Pre-Socratic philosophers were active before Socrates or contemporaneously, but expounding knowledge developed earlier. ... In epistemology and in its broadest sense, rationalism is any view appealing to reason as a source of knowledge or justification (Lacey 286). ... Contemporary philosophical realism, also referred to as metaphysical realism, is the belief in a reality that is completely ontologically independent of our conceptual schemes, linguistic practices, beliefs, etc. ... For the physics theory with a similar name, see Theory of Relativity. ... Scholasticism comes from the Latin word scholasticus, which means that [which] belongs to the school, and is the school of philosophy taught by the academics (or schoolmen) of medieval universities circa 1100–1500. ... Philosophical scepticism (UK spelling, scepticism) is both a philosophical school of thought and a method that crosses disciplines and cultures. ... A restored Stoa in Athens. ... Structuralism as a term refers to various theories across the humanities, social sciences and economics many of which share the assumption that structural relationships between concepts vary between different cultures/languages and that these relationships can be usefully exposed and explored. ... This article discusses utilitarian ethical theory. ... This article or section does not cite its references or sources. ...

See also

A Brocard is a juridical principle usually expressed in Latin (and often derived from juridical works of the past), traditionally used to concisely express a wider legal concept or rule. ... This article is about the concept of justice. ... This article or section does not cite any references or sources. ... Political jurisprudence is a legal theory that some judicial decisions are motivated more by politics than by unbiased judgment. ... Analytical jurisprudence is a legal theory that uses analytical reasoning and objective decision-making to interpret the law. ... Critical legal studies refers to a movement in legal thought that applied methods similar to those of critical theory (the Frankfurt School) to law. ... Judicial activism is a term used by political commentators to describe a tendency by judges to consider outcomes, attitudinal preferences, and other public policy issues in interpreting applicable existing law. ... Law and economics, or economic analysis of law is an approach to legal theory that applies methods of economics to law. ... Legal formalism is a Positivist view in jurisprudence and the philosophy of law. ... Legal positivism is a school of thought in jurisprudence and the philosophy of law. ... Legal realism is a family of theories about the nature of law developed in the first half of the 20th century in the United States (American Legal Realism) and Scandinavia (Scandinavian Legal Realism). ... Libertarian theories of law build on libertarianism or classical liberalism. ... Natural law or the law of nature (Latin: lex naturalis) is an ethical theory that posits the existence of a law whose content is set by nature and that therefore has validity everywhere. ... In the philosophy of law, virtue jurisprudence is the name given to theories of law related to virtue ethics. ... Saint Thomas Aquinas, O.P.(also Thomas of Aquin, or Aquino; c. ... John Austin (1790 - 1859) was a jurist, served in the army in Sicily and Malta, but, selling his commission, studied law, and was called to the Bar 1818. ... Jeremy Bentham (IPA: or ) (February 15, 1748 O.S. (February 26, 1748 N.S.) – June 6, 1832) was an English jurist, philosopher, and legal and social reformer. ... Emilio Betti (1890-1968) was an Italian theologian, philosopher and jurist. ... Norberto Bobbio (October 18, 1909 – January 9, 2004) was an Italian philosopher of law and political sciences and an historian of political thought. ... António Castanheira Neves (born November 8, 1929) is a Portuguese legal philosopher and a professor emeritus at the law faculty of the University of Coimbra. ... Giorgio Del Vecchio was a prominent Italian legal philosopher of the early 20th century. ... Ronald Dworkin (born 1931) is an American legal philosopher, and currently professor of Jurisprudence at University College London and the New York University School of Law. ... This article or section does not cite its references or sources. ... Lon Louvois Fuller (1902-1978) is a noted legal douche-bag philosopher, who wrote The Morality of Law in 1964, discussing the connection between law and morality. ... Leslie Green is a leading analytical philosopher of law and jurisprudence. ... Robert P. George is McCormick Professor of Jurisprudence at Princeton University, where he leads courses on constitutional interpretation and civil liberties. ... Germain Gabriel Grisez (born 1929) is a prominent and influential Catholic moral theologian. ... H. L. A. Hart (Herbert Lionel Adolphus Hart) (1907-1992) is considered one of the most important legal philosophers of the twentieth century. ... Georg Wilhelm Friedrich Hegel (IPA: ) (August 27, 1770 – November 14, 1831) was a German philosopher and, with Johann Gottlieb Fichte and Friedrich Wilhelm Joseph Schelling, one of the representatives of German idealism. ... This article does not cite any references or sources. ... Oliver Wendell Holmes, Jr. ... “Kant” redirects here. ... Ludwig Josef Johann Wittgenstein (IPA: ) (April 26, 1889 in Vienna, Austria – April 29, 1951 in Cambridge, England) was an Austrian philosopher who contributed several ground-breaking ideas to philosophy, primarily in the foundations of logic, the philosophy of mathematics, the philosophy of language, and the philosophy of mind. ... Hans Kelsen Hans Kelsen (Prague, October 11, 1881 – April 19, 1973) was an Austrian -American jurist of Jewish descent. ... Hans Köchler (born October 18, 1948 in Schwaz, Tyrol, Austria) is Full Professor of Philosophy and Chairman of the Department of Philosophy at the University of Innsbruck, Austria. ... Joel Feinberg (October 19, 1926 - March 29, 2004) is an American philosopher. ... David Lyons (born 15 June 1980 in Orange, NSW) plays number eight for the Australian national rugby union team. ... Professor Sir (Donald) Neil MacCormick QC (Hon), FBA, FRSE, is the current Regius Professor of Public Law and the Law of Nature and Nations at the University of Edinburgh, where he also holds a personal Leverhulme Research Professorship. ... Karl Heinrich Marx (May 5, 1818 – March 14, 1883) was a 19th century philosopher, political economist, and revolutionary. ... Karl Olivecrona (1897 – 1980) was a Swedish lawyer and pupil of Axel Hägerström, the spiritual father of Scandinavian legal realism. ... Gustav Radbruch, born November 21, 1878 in Lübeck; died November 23, 1949 in Heidelberg, was a German law professor, most famous for the Radbruchsche Formel (Radbruchs formula) which states that where statutory law is incompatible with the requirements of justice to an intolerable degree, or where statutory law... Joseph Raz (born 1939) is an influential legal, moral and political philosopher. ... Karl Renner Monument to Karl Renner next to the Austrian Parliament, Ringstraße, Vienna, Austria Karl Renner (December 14, 1870 - December 31, 1950) was an Austrian politician. ... Jeremy Waldron (born October 13, 1953) is a professor of law and philosophy at the New York University School of Law. ... Friedrich Karl von Savigny Friedrich Karl von Savigny (February 21, 1779 - 25 October 1861) was a German jurist. ... Roberto Unger is a Brazilian contemporary social theorist and law professor at Harvard Law School. ... John Rawls (February 21, 1921 – November 24, 2002) was an American philosopher, a professor of political philosophy at Harvard University and author of A Theory of Justice (1971), Political Liberalism, Justice as Fairness: A Restatement, and The Law of Peoples. ...

External links

  • [4] Navigate to page for Encyclopedia of the Science of Law (Mellen, 2002).
  • John Witte, Jr: A Brief Biography of Dooyeweerd, based on Hendrik van Eikema Hommes, Inleiding tot de Wijsbegeerte van Herman Dooyeweerd (The Hague, 1982; pp 1-4,132).[5]
  • LII Law about... Jurisprudence.
  • The Case of the Speluncean Explorers: Nine New Opinions, by Peter Suber (Routledge, 1998.) Lon Fuller's classic of jurisprudence brought up to date 50 years later.
  • The Roman Law Library, incl. Responsa prudentium by Professor Yves Lassard and Alexandr Koptev.
  • Evgeny Pashukanis - General Theory of Law and Marxism.
  • Internet Encyclopedia: Philosophy of Law.
  • The Opticon: Online Repository of Materials covering Spectrum of U.S. Jurisprudence.
  • For more information about Neil MacCormick and the Edinburgh Legal Theory Research Group visit [6]

  Results from FactBites:
 
Jurisprudence - Wikipedia, the free encyclopedia (1548 words)
Jurisprudence is the theory and philosophy of law.
Socio-political jurisprudence, jurisprudence as documentary of social and political change (e.g., the study of law as it relates to the status of women is a form of socio-political jurisprudence).
Jurisprudence also includes legal pedagogy, that is, the teaching of law and legal subjects, as far as legal pedagogy concerns the education and role of lawyers.
  More results at FactBites »

 
 

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