Jurisprudence

related topics
{theory, work, human}
{law, state, case}
{language, word, form}
{church, century, christian}
{school, student, university}
{mi², represent, 1st}
{son, year, death}

Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists (including legal philosophers and social theorists of law), hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions. Modern jurisprudence began in the 18th century and was focused on the first principles of the natural law, civil law, and the law of nations.[1] General jurisprudence can be broken into categories both by the types of questions scholars seek to address and by the theories of jurisprudence, or schools of thought, regarding how those questions are best to be answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems in two rough groups:[2]

  • 1.) Problems internal to law and legal systems as such.
  • 2.) Problems of law as a particular social institution as it relates to the larger political and social situation in which it exists.

Answers to these questions come from four primary schools of thought in general jurisprudence:[2]

  • Natural law is the idea that there are rational objective limits to the power of legislative rulers. The foundations of law are accessible through human reason and it is from these laws of nature that human created laws gain whatever force they have.[2]
  • Legal Positivism, by contrast to natural law, holds that there is no necessary connection between law and morality and that the force of law comes from some basic social facts although positivists differ on what those facts are.[3]
  • Legal Realism is a third theory of jurisprudence which argues that the real world practice of law is what determines what law is; the law has the force that it does because of what legislators, judges, and executives do with it. Similar approaches have been developed in many different ways in Sociology of law.
  • Critical Legal Studies is a younger theory of jurisprudence that has developed since the 1970s which is primarily a negative thesis that the law is largely contradictory and can be best analyzed as an expression of the policy goals of the dominant social group.[4]

Also of note is the work of the contemporary Philosopher of Law Ronald Dworkin who has advocated a constructivist theory of jurisprudence that can be characterized as a middle path between natural law theories and positivist theories of general jurisprudence.[5]

The English term is based on the Latin word jurisprudentia: juris is the genitive form of jus meaning "law", and prudentia means "knowledge". The word is first attested in English in 1628,[6] at a time when the word prudence had the now obsolete meaning of "knowledge of or skill in a matter". The word may have come via the French jurisprudence, which is attested earlier.

Contents

Full article ▸

related documents
Coercion
Paul Feyerabend
Critical theory
Reason
Structuralism
Theodor W. Adorno
Alfred Adler
Nihilism
Socrates
Ideology
Unconscious mind
Epicureanism
Max Weber
Arthur Schopenhauer
Transactional analysis
Maurice Merleau-Ponty
Reality
Self-esteem
Collective intelligence
Theory
Consequentialism
Confucianism
Fundamentalism
Anarchist communism
Jacques Lacan
Phenomenology (philosophy)
Emotion
History of logic
Gottfried Leibniz
Falsifiability