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See all on WikipediaJurisprudence - Wikipedia
Jurisprudence, also known as the philosophy or theory of law, is a branch of law and philosophy that examines the positive and normative nature of law. It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including … See more
Whereas lawyers are interested in what the law is on a specific issue in a specific jurisdiction, analytical philosophers of law are interested in identifying the features of law shared across cultures, times, and places. Taken … See more
Natural law holds that there are rational objective limits to the power of rulers, the foundations of law are accessible through reason, and it is from these laws of nature that human laws gain force. The moral theory of natural law asserts that law is inherent in nature … See more
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? … See more
Ancient jurisprudence begins with various Dharmaśāstra texts of India. Dharmasutras of Āpastaṃba and Baudhāyana are examples.
In Ancient China, the See moreUnlike experimental jurisprudence, which investigates the content of legal concepts using the methods of social science, analytical jurisprudence seeks to provide a general account of … See more
Experimental jurisprudence seeks to investigate the content of legal concepts using the methods of social science, unlike the philosophical methods of traditional jurisprudence. See more
Wikipedia text under CC-BY-SA license International legal theories - Wikipedia
International legal theory, or theories of international law, comprise a variety of theoretical and methodological approaches used to explain and analyse the content, formation and effectiveness of international law and institutions and to suggest improvements. Some approaches center on the question of compliance: why states follow international norms in the absence of a coercive power that ensures compliance. Other approaches focus on the problem of the formation of internation…
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Legal positivism - Wikipedia
In jurisprudence and legal philosophy, legal positivism is the theory that the existence of the law and its content depend on social facts, such as acts of legislation, judicial decisions, and customs, rather than on morality.
Legal Positivism - Stanford Encyclopedia of Philosophy
Jan 3, 2003 · Legal positivism is the thesis that the existence and content of law depends on social facts and not on its merits. The English jurist John Austin (1790–1859) formulated it …
The Pure Theory of Law - Stanford Encyclopedia of Philosophy
Nov 18, 2002 · The idea of a Pure Theory of Law was propounded by the formidable Austrian jurist and philosopher Hans Kelsen (1881–1973) (see the bibliographical note). Kelsen began …
The Nature of Law - Stanford Encyclopedia of Philosophy
May 27, 2001 · Contemporary legal theories define these two main interests in the nature of law in the following terms. First, we need to understand the general conditions that would render any …
Philosophy of law - Joseph Raz, Legal Theory, Jurisprudence
Philosophy of law - Joseph Raz, Legal Theory, Jurisprudence: Raz explored in greater depth than Hart or Kelsen the idea that law claims the right to tell citizens what they must do—what …
Feminist legal theory - Wikipedia
Feminist legal theory was directly created to recognize and combat the legal system built primarily by the and for male intentions, often forgetting important components and …
Jurisprudence and Legal Theory - Harvard Law School
Jurisprudence and Legal Theory - Harvard Law School | Harvard Law School. Harvard Law students learn many different ideas about jurisprudence and engage with diverse theoretical …
Theories of Legal Rights: Will theory, Interest theory, …
Jul 27, 2023 · There are two main theories of legal rights: the will theory and the interest theory. Each theory presents itself as capturing an ordinary understanding of what rights do for those who hold them. Let us discuss these …
John Austin - Stanford Encyclopedia of Philosophy
Feb 24, 2001 · First, he was arguably the first writer to approach the theory of law analytically (as contrasted with approaches to law more grounded in history or sociology, or arguments about …
Legal Theory As a Source of International Law: Institutional Facts …
This chapter argues that legal theory provides conceptions of the sources of international law that differ according to time and place. It employs Neil MacCormick’s explanation of …
Pure Theory of Law - Wikipedia
Pure Theory of Law is a book by jurist and legal theorist Hans Kelsen, first published in German in 1934 as Reine Rechtslehre, and in 1960 in a much revised and expanded edition. The latter …
Natural Law - Internet Encyclopedia of Philosophy
1. Two Kinds of Natural Law Theory. At the outset, it is important to distinguish two kinds of theory that go by the name of natural law. The first is a theory of morality that is roughly …
Legal Interpretation - Stanford Encyclopedia of Philosophy
Jul 7, 2021 · 1. Introduction. Legal interpretation is familiar to lawyers, judges, and legal theorists. Public and private disputes of tremendous importance turn on questions of how to interpret …
Feminist legal theory - Wikiwand
Feminist legal theory, also known as feminist jurisprudence, is based on the belief that the law has been fundamental in women 's historical subordination.
Legal Theory | Cambridge Core
Legal Theory, Volume 30, Issue 1. Article. The problem of complex legislation.
Critical legal studies - Wikipedia
Critical legal studies (CLS) is a school of critical theory that developed in the United States during the 1970s. [ 1 ] . CLS adherents claim that laws are devised to maintain the status quo of …
Natural Law Theories - Stanford Encyclopedia of Philosophy
Feb 5, 2007 · Natural law theory accepts that law can be considered and spoken of both as a sheer social fact of power and practice, and as a set of reasons for action that can be and …
Habermas, Jürgen: Legal and Social Theory | SpringerLink
Nov 12, 2022 · Introduction. Widely acknowledged as among the most influential philosophers and social theorists of the twentieth century, the detailed and expansive writings of Jürgen …
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