This document discusses different kinds of theories of legal argumentation, including:
1) General legal doctrine, which systematizes legal sources and arguments. It can include both descriptive and normative elements.
2) Relativism and comparative legal studies, exemplified by Wroblewski's meta-theory which rationally classified and compared theories of law and legal argumentation.
3) Theories that apply political philosophy and consider the descriptive and normative aspects of legal reasoning, such as Dworkin's theory of law as integrity.
4) The dialectical approach of Aulis Aarnio, which views legal interpretation as a hermeneutic activity justified based on audience.
This document provides an introduction to the topic of jurisprudence. It defines jurisprudence as the study of fundamental legal principles and their philosophical, historical, and social basis. It discusses different definitions of jurisprudence provided by various legal scholars. It also outlines the scope and significance of jurisprudence, and explains how jurisprudence is related to other disciplines like sociology, psychology, ethics, economics, history, and politics.
This document discusses the etymology and meaning of jurisprudence. Jurisprudence is derived from the Latin words "juris" meaning law and "prudentia" meaning knowledge or philosophy. It literally means the knowledge or philosophy of law. The counterpart terms in French and German also translate to "the philosophy of law". Historically, jurisprudence has been used to refer to knowledge of just and unjust principles, knowledge of Roman law, collections of principles in certain legal fields, the body of law of a country, and collections of court decisions. Currently in legal education, jurisprudence refers to scientific or analytical knowledge about law in the abstract sense of first principles.
Jurisprudence its meaning, nature and scopeanjalidixit21
This document discusses the meaning, nature, and scope of jurisprudence. It defines jurisprudence as the knowledge of law and explains that it is the study of the sources, validity, objectives, functions, and effects of fundamental legal principles. Several jurists are cited defining jurisprudence as the observation of divine and human things, the philosophy of positive law, the science of the first principles of law, and the scientific study of the union of legal rules. The document also outlines different types of jurisprudence according to various jurists and lists several influential books written on the topic.
Law consists of rigid rules that govern human conduct derived from authoritative sources and applied to factual situations. Jurisprudence, or legal theory, is the theoretical study of law that examines writers' approaches rather than defining practical types of law or their differences. It questions whether law must be derived from specific sources or have practical application.
Jurisprudence is derived from the Latin words juris meaning "law" and prudentia meaning "wisdom" or "knowledge." It refers to the philosophy or science of law. There are various definitions of jurisprudence provided by eminent jurists, but no single uniform definition exists. Jurisprudence has been classified in different ways, including as philosophical, censorial/expositorial, general/particular, and analytical/historical. The scope of jurisprudence is generally agreed to involve the analytical or scientific study of positive, man-made law and its essence, rather than discussions of content. Jurisprudence serves practical purposes by helping to master legal systems and sharpen legal understanding, as well as educational
This editorial summarizes new features of the second volume of the European Journal of Legal Studies, including an improved website, changes to the linguistic policy, and the addition of a book review section. It then previews several of the articles in the issue, which examine emerging areas of legal normativity from various perspectives, including theoretical, philosophical, and strictly legal approaches. The articles analyze concepts like sovereignty, jurisdiction, and universal jurisdiction as they relate to new "spaces of normativity".
this presentation includes the meaning and definition of jurisprudence .
this presentation is in powerpoint form
if you want more presentation then you can contact me on
lulzsecbivek@gmai.com
This document provides an introduction to the topic of jurisprudence. It defines jurisprudence as the study of fundamental legal principles and their philosophical, historical, and social basis. It discusses different definitions of jurisprudence provided by various legal scholars. It also outlines the scope and significance of jurisprudence, and explains how jurisprudence is related to other disciplines like sociology, psychology, ethics, economics, history, and politics.
This document discusses the etymology and meaning of jurisprudence. Jurisprudence is derived from the Latin words "juris" meaning law and "prudentia" meaning knowledge or philosophy. It literally means the knowledge or philosophy of law. The counterpart terms in French and German also translate to "the philosophy of law". Historically, jurisprudence has been used to refer to knowledge of just and unjust principles, knowledge of Roman law, collections of principles in certain legal fields, the body of law of a country, and collections of court decisions. Currently in legal education, jurisprudence refers to scientific or analytical knowledge about law in the abstract sense of first principles.
Jurisprudence its meaning, nature and scopeanjalidixit21
This document discusses the meaning, nature, and scope of jurisprudence. It defines jurisprudence as the knowledge of law and explains that it is the study of the sources, validity, objectives, functions, and effects of fundamental legal principles. Several jurists are cited defining jurisprudence as the observation of divine and human things, the philosophy of positive law, the science of the first principles of law, and the scientific study of the union of legal rules. The document also outlines different types of jurisprudence according to various jurists and lists several influential books written on the topic.
Law consists of rigid rules that govern human conduct derived from authoritative sources and applied to factual situations. Jurisprudence, or legal theory, is the theoretical study of law that examines writers' approaches rather than defining practical types of law or their differences. It questions whether law must be derived from specific sources or have practical application.
Jurisprudence is derived from the Latin words juris meaning "law" and prudentia meaning "wisdom" or "knowledge." It refers to the philosophy or science of law. There are various definitions of jurisprudence provided by eminent jurists, but no single uniform definition exists. Jurisprudence has been classified in different ways, including as philosophical, censorial/expositorial, general/particular, and analytical/historical. The scope of jurisprudence is generally agreed to involve the analytical or scientific study of positive, man-made law and its essence, rather than discussions of content. Jurisprudence serves practical purposes by helping to master legal systems and sharpen legal understanding, as well as educational
This editorial summarizes new features of the second volume of the European Journal of Legal Studies, including an improved website, changes to the linguistic policy, and the addition of a book review section. It then previews several of the articles in the issue, which examine emerging areas of legal normativity from various perspectives, including theoretical, philosophical, and strictly legal approaches. The articles analyze concepts like sovereignty, jurisdiction, and universal jurisdiction as they relate to new "spaces of normativity".
this presentation includes the meaning and definition of jurisprudence .
this presentation is in powerpoint form
if you want more presentation then you can contact me on
lulzsecbivek@gmai.com
Hans Kelsen was an Austrian jurist who developed the "pure theory of law" in the 20th century. He viewed legal science as a pyramid of norms with a basic norm (Grundnorm) at the apex, and subordinate norms controlled by norms above them. Kelsen's theory aimed to reduce confusion caused by natural law theory by treating law as a normative science rather than a natural science. However, critics argue that Kelsen's theory lacks sociological foundation and practical applicability, and provides no solution for conflicts arising from ideological differences.
Slides to accompany a paper I gave on Dewey & the early Realists at Columbia U. Law School. Griffith U. Law School, May 2007 -- effectively a draft of chapter 4 of my book, Transforming Legal Education.
Introduction to english jurisprudence (1)AQSA SHAHID
Jurisprudence is the study of fundamental legal principles and their relationship to other social sciences. It is derived from the Latin terms "juris" meaning law and "prudentia" meaning knowledge. Jurisprudence has three main branches: historical jurisprudence examines the origins and development of law; analytical jurisprudence analyzes basic legal concepts and principles; and ethical jurisprudence approaches law from an ethical perspective of how it should ideally be. Jurisprudence has practical applications such as providing terminology to legislators, filling gaps in laws, and helping legal professionals better understand statutes. It also relates to other fields like sociology, psychology, economics, and politics that influence and are influenced by legal systems.
The analytical school of jurisprudence views law as a command by a sovereign backed by sanctions. The key exponents were Jeremy Bentham and John Austin. Bentham rejected natural law theories and viewed law through a utilitarian lens, while Austin defined law as the command of the sovereign. Austin is considered the father of the analytical school, which treats law in a positive, scientific manner rather than how it ought to be. The analytical school examines legal concepts, the relationship between law and other forms of law, theories of liability, and legal sources of law.
This document discusses the nature, scope, and utility of jurisprudence. It defines jurisprudence as the scientific study of fundamental legal principles. Jurisprudence shapes the legal understanding of law students and helps them develop their own opinions about laws. It connects law to various aspects of society and improves legal interpretation. Studying jurisprudence provides lawyers with a broader perspective, reveals the true intentions of laws, and helps improve legal systems over time. It is an interdisciplinary field related to subjects like ethics, psychology, history, sociology, and economics.
This paper is an attempt to explicate the theoretical relationship between psychoanalysis and the law
for those who are approaching this topic for the first time. It explains the need for such a discourse by situating
it within the tradition of interdisciplinary approaches to the law in Anglo-American academia. The part played
by discursive predecessors (such as the ‘law and psychiatry’ movement and the ‘psychoanalysis of crime’)
anddiscursive contemporaries (such as ‘law and economics’ and ‘law and literature’) are also discussed. The
success of these applications of psychoanalysis is then invoked to make a case for the law and
psychoanalysismovement in law schools. One of the goals of this theoretical movement, needless to say, is to
formalize the notion of the legal subject by applying the theories of subjectivity that are available in the work of
European psychoanalysts like Sigmund Freud and Jacques Lacan. The paper concludes by calling attention to
not only the generic forms in which this is already being done by a number of scholars in law schools and in the
legal literature, but also deploys the concepts of Freudian metapsychology that are relevant to doing so
Jurisprudence (chapter 1 9) 1st year online LLB YUDENay Aung
The document discusses the meaning and nature of jurisprudence. It begins by defining jurisprudence as the science of law based on its Latin roots juris and prudentia. It then discusses different concepts of law, including imperative law, physical law, natural law, conventional law, customary law, practical law, international law, and civil law. The document also outlines three main schools of jurisprudence: analytical jurisprudence, which studies the logic of law; historical jurisprudence, which examines the historical evolution of legal systems; and ethical jurisprudence, which evaluates law based on ethical principles.
The document discusses the positivist school of law. Positivism developed in contrast to the natural law school to define law based on what exists concretely rather than abstract ideals. The positivist school views law as rules enforced by the state and sees the state as the source of a law's validity. Various jurists have different perspectives within positivism, leading to several schools of thought. Followers of the positivist school believe that a country's laws are the primary binding authority for people, regardless of whether the laws are good or bad.
Argument in Speluncean Explorers case
Functions of Law
Law and Morality (Hart, Devlin and Mill)
Legal Pluralism 2
Legal Pluralism
Roscoe Pound's social engineering
Thomas Aquinas Natural Law Theory
Why Natural Law Declines
This document provides an overview of the key concepts in jurisprudence. It discusses jurisprudence as the study of law and its underlying philosophies. The document outlines several definitions of jurisprudence from different legal scholars. It also discusses the different uses and purposes of jurisprudence, including understanding the nature of law and developing critical legal thinking. The document then summarizes the main schools of jurisprudential thought and some of the core concerns of jurisprudence, such as determining what law is and the relationship between law and morality. Finally, it identifies the main contents of jurisprudence as the authoritative sources of law, legal concepts, and legal theory and its relationship to other disciplines.
Basics of Natural school of Jurisprudenceanjalidixit21
The natural law school of jurisprudence focuses on the idea that just laws are based on morals and ethics that are derived from human nature rather than being arbitrarily created. Natural law has been discussed and interpreted by philosophers from ancient Greece, including Plato, Aristotle, and the Stoics, through medieval scholars like Thomas Aquinas and into the Renaissance period. Key aspects of natural law include it being based on reason, promoting justice and morality, and the idea that unjust laws conflict with fundamental human nature.
Nature of Legal Doctrine: Axiomatic, Logical and Normative Discipline Preeti Sikder
Learning Outcome:
After completion of this lesson students will-
a) learn about the axiomatic nature of legal doctrine
b) learn about the logical nature of legal doctrine
c) learn about the normative nature of legal doctrine
d) be informed about the characteristics of legal data involved in legal research
Jurisprudence is the basic subject in law. It is the grammar of law, as it studies law as a whole through different theories, principles, and philosophical and sociological approach. Different jurists through their interpretations have evolved theories which helps us study the purpose and utility of laws around the world.
This document discusses different perspectives on jurisprudence from various scholars. It covers natural law, analytical jurisprudence, historical jurisprudence, and the origins and basic tenets of different schools of thought. Some key points discussed include Savigny's view of law developing organically from a people's shared consciousness or "Volksgeist"; Austin establishing analytical jurisprudence by treating law as commands from a sovereign; and the historical school emerging in reaction to natural law theory.
Jurisprudence is thus the study and theory of law. Scholars of jurisprudence, or legal theorists (including legal philosophers and social theorists of law), try to assign a deeper understanding of
the nature of law, of legal reasoning, legal systems and of legal institutions. In these slides, the presenter is concentrating on the ethical school of jurisprudence.
LLB LAW NOTES ON JURISPRUDENCE LEGAL THEORY
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Nature and scope of Jurisprudence
Austin- He said that “Science of Jurisprudence is concerned with Positive Laws that is laws strictly so called. It has nothing to do with the goodness or badness of law. This has two aspects attached to it:
1. General Jurisprudence- It includes such subjects or ends of law as are common to all system.
This document discusses the relationship between jurisprudence and other social sciences. It states that jurisprudence studies law and how legal rules regulate human conduct in society. It is related to other disciplines in the following ways:
- Politics also studies government and its role in administering society. Both jurisprudence and politics examine society.
- Psychology analyzes human mental states while jurisprudence considers external conduct, which depends on internal mental states like intention.
- Economics focuses on wealth and prosperity in society, areas also relevant to jurisprudence given law's role in social and economic well-being.
- History provides context for legal concepts, allowing for historical jurisprudence, while sociology examines society
1933_Meaning Defn Utility and Scope Jurisprudence.docxashish371330
Jurisprudence refers to the study and systematic arrangement of general legal principles rather than specific statutes or branches of law. There is no universally agreed upon definition of jurisprudence, as different jurists have defined it in various ways over time. Modern views of jurisprudence have broadened its scope to include the study of concepts related to human order, conduct, and relationships within society and the state. Jurisprudence aims to understand law in its social, political, economic, and cultural contexts.
JURISPRUDENCE FOR BS POLITICAL SCIENCE STUDENTSdrshahiryar
This document provides an overview of jurisprudence theories and philosophers. It discusses the main theories of natural law according to philosophers like Plato, Aristotle, Cicero, Augustine, and Aquinas. It also covers positivism theories of Bentham and Austin and Kelsen's pure theory of law. The document lists proposed topics for essays on various jurisprudence concepts and provides sample exam questions. It aims to provide students a basic analysis of major jurisprudence theories and their contexts.
Hans Kelsen was an Austrian jurist who developed the "pure theory of law" in the 20th century. He viewed legal science as a pyramid of norms with a basic norm (Grundnorm) at the apex, and subordinate norms controlled by norms above them. Kelsen's theory aimed to reduce confusion caused by natural law theory by treating law as a normative science rather than a natural science. However, critics argue that Kelsen's theory lacks sociological foundation and practical applicability, and provides no solution for conflicts arising from ideological differences.
Slides to accompany a paper I gave on Dewey & the early Realists at Columbia U. Law School. Griffith U. Law School, May 2007 -- effectively a draft of chapter 4 of my book, Transforming Legal Education.
Introduction to english jurisprudence (1)AQSA SHAHID
Jurisprudence is the study of fundamental legal principles and their relationship to other social sciences. It is derived from the Latin terms "juris" meaning law and "prudentia" meaning knowledge. Jurisprudence has three main branches: historical jurisprudence examines the origins and development of law; analytical jurisprudence analyzes basic legal concepts and principles; and ethical jurisprudence approaches law from an ethical perspective of how it should ideally be. Jurisprudence has practical applications such as providing terminology to legislators, filling gaps in laws, and helping legal professionals better understand statutes. It also relates to other fields like sociology, psychology, economics, and politics that influence and are influenced by legal systems.
The analytical school of jurisprudence views law as a command by a sovereign backed by sanctions. The key exponents were Jeremy Bentham and John Austin. Bentham rejected natural law theories and viewed law through a utilitarian lens, while Austin defined law as the command of the sovereign. Austin is considered the father of the analytical school, which treats law in a positive, scientific manner rather than how it ought to be. The analytical school examines legal concepts, the relationship between law and other forms of law, theories of liability, and legal sources of law.
This document discusses the nature, scope, and utility of jurisprudence. It defines jurisprudence as the scientific study of fundamental legal principles. Jurisprudence shapes the legal understanding of law students and helps them develop their own opinions about laws. It connects law to various aspects of society and improves legal interpretation. Studying jurisprudence provides lawyers with a broader perspective, reveals the true intentions of laws, and helps improve legal systems over time. It is an interdisciplinary field related to subjects like ethics, psychology, history, sociology, and economics.
This paper is an attempt to explicate the theoretical relationship between psychoanalysis and the law
for those who are approaching this topic for the first time. It explains the need for such a discourse by situating
it within the tradition of interdisciplinary approaches to the law in Anglo-American academia. The part played
by discursive predecessors (such as the ‘law and psychiatry’ movement and the ‘psychoanalysis of crime’)
anddiscursive contemporaries (such as ‘law and economics’ and ‘law and literature’) are also discussed. The
success of these applications of psychoanalysis is then invoked to make a case for the law and
psychoanalysismovement in law schools. One of the goals of this theoretical movement, needless to say, is to
formalize the notion of the legal subject by applying the theories of subjectivity that are available in the work of
European psychoanalysts like Sigmund Freud and Jacques Lacan. The paper concludes by calling attention to
not only the generic forms in which this is already being done by a number of scholars in law schools and in the
legal literature, but also deploys the concepts of Freudian metapsychology that are relevant to doing so
Jurisprudence (chapter 1 9) 1st year online LLB YUDENay Aung
The document discusses the meaning and nature of jurisprudence. It begins by defining jurisprudence as the science of law based on its Latin roots juris and prudentia. It then discusses different concepts of law, including imperative law, physical law, natural law, conventional law, customary law, practical law, international law, and civil law. The document also outlines three main schools of jurisprudence: analytical jurisprudence, which studies the logic of law; historical jurisprudence, which examines the historical evolution of legal systems; and ethical jurisprudence, which evaluates law based on ethical principles.
The document discusses the positivist school of law. Positivism developed in contrast to the natural law school to define law based on what exists concretely rather than abstract ideals. The positivist school views law as rules enforced by the state and sees the state as the source of a law's validity. Various jurists have different perspectives within positivism, leading to several schools of thought. Followers of the positivist school believe that a country's laws are the primary binding authority for people, regardless of whether the laws are good or bad.
Argument in Speluncean Explorers case
Functions of Law
Law and Morality (Hart, Devlin and Mill)
Legal Pluralism 2
Legal Pluralism
Roscoe Pound's social engineering
Thomas Aquinas Natural Law Theory
Why Natural Law Declines
This document provides an overview of the key concepts in jurisprudence. It discusses jurisprudence as the study of law and its underlying philosophies. The document outlines several definitions of jurisprudence from different legal scholars. It also discusses the different uses and purposes of jurisprudence, including understanding the nature of law and developing critical legal thinking. The document then summarizes the main schools of jurisprudential thought and some of the core concerns of jurisprudence, such as determining what law is and the relationship between law and morality. Finally, it identifies the main contents of jurisprudence as the authoritative sources of law, legal concepts, and legal theory and its relationship to other disciplines.
Basics of Natural school of Jurisprudenceanjalidixit21
The natural law school of jurisprudence focuses on the idea that just laws are based on morals and ethics that are derived from human nature rather than being arbitrarily created. Natural law has been discussed and interpreted by philosophers from ancient Greece, including Plato, Aristotle, and the Stoics, through medieval scholars like Thomas Aquinas and into the Renaissance period. Key aspects of natural law include it being based on reason, promoting justice and morality, and the idea that unjust laws conflict with fundamental human nature.
Nature of Legal Doctrine: Axiomatic, Logical and Normative Discipline Preeti Sikder
Learning Outcome:
After completion of this lesson students will-
a) learn about the axiomatic nature of legal doctrine
b) learn about the logical nature of legal doctrine
c) learn about the normative nature of legal doctrine
d) be informed about the characteristics of legal data involved in legal research
Jurisprudence is the basic subject in law. It is the grammar of law, as it studies law as a whole through different theories, principles, and philosophical and sociological approach. Different jurists through their interpretations have evolved theories which helps us study the purpose and utility of laws around the world.
This document discusses different perspectives on jurisprudence from various scholars. It covers natural law, analytical jurisprudence, historical jurisprudence, and the origins and basic tenets of different schools of thought. Some key points discussed include Savigny's view of law developing organically from a people's shared consciousness or "Volksgeist"; Austin establishing analytical jurisprudence by treating law as commands from a sovereign; and the historical school emerging in reaction to natural law theory.
Jurisprudence is thus the study and theory of law. Scholars of jurisprudence, or legal theorists (including legal philosophers and social theorists of law), try to assign a deeper understanding of
the nature of law, of legal reasoning, legal systems and of legal institutions. In these slides, the presenter is concentrating on the ethical school of jurisprudence.
LLB LAW NOTES ON JURISPRUDENCE LEGAL THEORY
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
Nature and scope of Jurisprudence
Austin- He said that “Science of Jurisprudence is concerned with Positive Laws that is laws strictly so called. It has nothing to do with the goodness or badness of law. This has two aspects attached to it:
1. General Jurisprudence- It includes such subjects or ends of law as are common to all system.
This document discusses the relationship between jurisprudence and other social sciences. It states that jurisprudence studies law and how legal rules regulate human conduct in society. It is related to other disciplines in the following ways:
- Politics also studies government and its role in administering society. Both jurisprudence and politics examine society.
- Psychology analyzes human mental states while jurisprudence considers external conduct, which depends on internal mental states like intention.
- Economics focuses on wealth and prosperity in society, areas also relevant to jurisprudence given law's role in social and economic well-being.
- History provides context for legal concepts, allowing for historical jurisprudence, while sociology examines society
1933_Meaning Defn Utility and Scope Jurisprudence.docxashish371330
Jurisprudence refers to the study and systematic arrangement of general legal principles rather than specific statutes or branches of law. There is no universally agreed upon definition of jurisprudence, as different jurists have defined it in various ways over time. Modern views of jurisprudence have broadened its scope to include the study of concepts related to human order, conduct, and relationships within society and the state. Jurisprudence aims to understand law in its social, political, economic, and cultural contexts.
JURISPRUDENCE FOR BS POLITICAL SCIENCE STUDENTSdrshahiryar
This document provides an overview of jurisprudence theories and philosophers. It discusses the main theories of natural law according to philosophers like Plato, Aristotle, Cicero, Augustine, and Aquinas. It also covers positivism theories of Bentham and Austin and Kelsen's pure theory of law. The document lists proposed topics for essays on various jurisprudence concepts and provides sample exam questions. It aims to provide students a basic analysis of major jurisprudence theories and their contexts.
Legal terminology in translation practice: dictionaries, googling or discussi...Lucja Biel
The article discusses terminology mining on a small scale as used by legal freelance
translators in practice, and recent developments in this area. Major properties of legal
terms are discussed from the Cognitive Linguistics perspective where terms are seen as
prompts that activate background knowledge structures. Next various resources are
presented, including the most traditional ones, i.e. dictionaries, to more recent online and
electronic resources such as googling, and discussion forums. Their major advantage is reduction of search time, increased functionality of translation and insight into how other translators have tackled a similar terminological problem before (established equivalents).
This document discusses recent debates around the concept of legal pluralism. It examines literature from before the 1980s that discussed legal pluralism, focusing on the works of three writers - Gilissen, Vanderlinden, and Hooker. Gilissen recognized non-state law and state law pluralism. Vanderlinden also recognized non-state law and state law pluralism, and defined legal pluralism as different legal mechanisms applying to identical situations within a society. Hooker recognized non-state law and state law pluralism, and defined legal pluralism as different laws interacting. The document provides an analysis of each writer's conception of legal pluralism.
This document provides definitions and explanations of jurisprudence from various legal theorists and jurists. It discusses the evolving and contested nature of defining jurisprudence. Some key points made include:
- Jurisprudence cannot be defined with exactitude as it is a broad and elusive concept.
- Jurists and theorists have defined jurisprudence in various ways to include the philosophy of law, knowledge of law, examination of fundamental legal concepts and principles, and the study of law in relation to other disciplines.
- The scope of jurisprudence includes analyzing fundamental legal concepts like rights, ownership, and intent, as well as investigating theories of law and its relationship to society, politics, economics and other fields.
The document discusses the nature, function, and classification of law. It defines law and distinguishes it from morality and justice. Several schools of thought on defining law are examined, including natural law, legal positivism, and Marxist theory. The functions of law in society are also outlined. Laws are classified as public or private, substantive or procedural, and international law is discussed.
This summary provides an overview of the first document in 3 sentences:
The document discusses a lecture given by Jürgen Habermas on law and morality. It summarizes Max Weber's view that the legitimacy of legal systems is based on their perceived legality, and that introducing morality into law undermines its rationality. Habermas critiques Weber's assumptions, arguing that the formal properties of law cited by Weber cannot alone legitimize state power and require a moral foundation.
This document summarizes a law review article discussing the challenges of teaching law students concepts that have been rendered incoherent by modern understandings. It presents two positions on whether to teach the concepts as traditionally understood or to also teach the modern critiques, and explores how judicial opinions reconcile these tensions by repressing some meanings while expressing others. The document suggests judicial opinions must remain arrested forms for legitimacy but this risks law failing to learn; reconciling these functions is a challenge.
Debate on the Quality of Judicial Decisions (from Theory to Practice)AJHSSR Journal
ABSTRACT : The judicial decision is much more than compliance with legal norms, the judicial production of the law itself is present.
There are methods to optimize judgment by granting it reliability, but the study-debate on optimization mechanisms have been continually
disregarded. The process of judicial decision-making is one of the most complex, since this decision escapes in its essence the Theory and
Philosophy of Law and fits more deeply into the intimacy of the "agent" of the decision whose universe is to be understood. The authority it
judges fulfils a duty of State and at the same time exercises a flexible part of its own obligations and limits in the isolation of its
individuality and under the flow of procedures that hang between the content of the decision and its formal externalization, the
judgment.The theme of the judicial decision on which this reflection intends to delimit the epistemic fields that law faces: the problem of
unlimited space that contemplates the debate on the rational production of decisions and aims to contribute to the advancement of the bases
of theoretical and practical rigor necessary for the constitution of a Theory of Judicial Decision. This research seeks to visualize the
growing, complex and sophisticated context in which Western democracies have witnessed the increase of rational demands for the
improvement of human rights guarantee institutions.
KEYWORDS: Secrecy of Justice, Freedom, Ethics, Judicial Decision, Performance Indicators of Judicial Decision (KPi's).
Jurisprudence refers to the philosophy or science of law. It involves analyzing fundamental legal principles and their underlying concepts. Different scholars have defined jurisprudence as the knowledge of law, examination of legal ideals and precepts, or the formal study of positive laws. The scope of jurisprudence varies between philosophical schools but generally encompasses the study of natural law, positive law, legal concepts, and the purpose and functions of law in society. Jurisprudence is useful for the practical application of law, helps develop logical legal analysis skills, and informs the legislative process.
Critical legal studies is the first left-wing legal movement in the US to advocate for progressive politics and perspectives in legal scholarship. The emergence of the Conference on Critical Legal Studies is significant as it raises the prospect of generating impact comparable to legal realism and forcing engagement with the nature of legal scholarship. This essay aims to assess the significance of critical legal studies by examining its distinguishing theoretical orientations and methodology, addressing whether it achieves coherent theoretical syntheses or suffers from incoherent eclecticism. The movement is united through the Conference on Critical Legal Studies but also diverse in its theoretical inspirations.
The document discusses the concept of jurisprudence from several perspectives:
1. Jurisprudence is defined as the study and theory of law, including the principles behind law and legal reasoning. It aims to obtain a deeper understanding of the nature of law.
2. Modern jurisprudence began in the 18th century focused on natural law, civil law, and international law. Jurisprudence can be divided based on the types of questions scholars seek to answer and different theories about how to answer them.
3. The analytical school of jurisprudence, founded by John Austin, aims to analyze the first principles of law without considering history, development or validity. It emphasizes positive law as the command of
judicial process interpretivism drowin theoryindujhaa6
The document discusses Ronald Dworkin's theory of legal interpretivism. It provides context on how interpretivism emerged between legal positivism and natural law theory. For Dworkin, judges are constrained to follow legal principles derived from interpreting legal materials like statutes and precedents, rather than just social facts. This allows for moral values in adjudication. The document uses the case Riggs v Palmer to illustrate Dworkin's approach of resolving hard cases through a principled interpretation that provides the morally right outcome. It outlines the method of interpretivism and discusses some advantages like linking law to morality, while noting potential disadvantages like difficulty in international law.
ARTICLESAPPELLATE JUDGES AND PHILOSOPHICAL THEORIESJUDI.docxfestockton
ARTICLES
APPELLATE JUDGES AND PHILOSOPHICAL THEORIES:
JUDICIAL PHILOSOPHY OR MERE COINCIDENCE?
Gerald R. Ferrera* & Mystica Alexander**
"The kind of inquiry that would contribute most to understanding and
evaluating a judicial] nomination is... discussion first, of the nominee's broad
judicial philosophy and, second, of her views on particular constitutional
issues. "/
Elena Kagan, Supreme Court Justice
I. INTRODUCTION
She is much too liberal, too conservative, a judicial activist, a strict
constructionist: all are characterizations used to explain and discover a judge's
judicial philosophy, an endeavor discussed above by now-Supreme Court
Justice Elena Kagan. A judge's opinions often serve as fodder for court
observers and commentators as they attempt to cull a general picture of the
judge's constitutional values from the text. Underpinning this process are
various philosophical theories adopted by judges that contribute to their
judicial beliefs.
This paper suggests that judicial opinions often reflect ajudge's position on
what is ethical and useful in the real world of constitutional values. It further
suggests that an appreciation of legal philosophical theory assists one in
understanding the ethical and public policy dimensions of a court's opinion.
Do judges' opinions parallel philosophical theories constructed by
Gregory H. Adamian Professor of Law, Bentley University, Waltham, MA.
Senior Lecturer of Law, Bentley University, Waltham, MA. The authors acknowledge and thank Jonathan
J. Darrow, Senior Research Consultant, and Anirudh Goyal, Research Assistant, for their efforts and
assistance in preparing this paper.
1. Elena Kagan, Confirmation Messes, Old and Neiw, 62 U. CHI. L. REV. 919, 935 (1995) (reviewing
STEPHEN L. CARTER, THE CONFIRMATION MESS (1995)).
562 RICHMOND JOURNAL OF LAW AND THE PUBLIC INTEREST [Vol. XIV:4
philosophers or is any apparent relationship mere coincidence? This paper
suggests the former-that a judge's belief system, education, and experiences
2
include the adoption of judicial philosophies, the expression of which can be
found in his or her written opinions.
Samuel D. Warren and Louis D. Brandeis observed that "[p]olitical, social,
and economic changes entail the recognition of new rights, and the common
law, in its eternal youth, grows to meet the new demands of society." 3 Justice
Brandeis was right to recognize the "eternal youth" of the common law as it
evolves to satisfy societal needs. Judicial philosophy often embraces an
ethical and social dimension in its analysis, representative of the law's "eternal
youth." To better understand a judge's judicial philosophy it is useful to
appreciate how appellate judges often construct legal arguments by following
a legal philosophical theory. The purpose of investigating a judge's judicial
philosophy is not necessarily to focus on one theory as it applies to the
resolution of a legal dispute, but rather to contextualize the influence of theory
as ...
Jurisprudence is the study of law and legal concepts. It has value in better understanding legal complexities and solving problems. There are several schools of jurisprudence including natural law, imperative theory, and legal realism. Jurisprudence is interrelated with other social sciences like sociology, psychology, ethics, economics, history, and political science. Understanding these relationships provides context to legal concepts. Jurisprudence helps with effective interpretation and application of law.
Brian Tamanaha developed a realistic socio-legal theory in the late 1990s that sought to establish philosophical and methodological foundations for the social scientific study of law. He argued that there is no single concept of law and that law is a cultural construct without a universal essence. Tamanaha believed legal theory and socio-legal studies could learn from one another if law is subject to empirical investigation rather than being defined in ways that assume sociological connections. His theory evaluates concepts of law based on coherence, consistency with reality, and usefulness for social scientific study of legal phenomena like understanding how race impacts judicial decisions. Tamanaha aimed to incorporate insights from socio-legal studies into legal theory without subsuming legal theory within socio-legal
In legal theory and in ancient Hindu, Greek and Roman Law natural law has a primordial place. Indeed Natural Law theory has a history, reaching back centuries and the vigour with which it flourishes notwithstanding periodic eclipse, especially in the nineteenth century, is a tribute to its importance. There is no theory; many versions have evolved throughout this enormous span of time. No other firmament of legal and political theory is so bejewelled with stars as that of natural law, which scintillates with contributions from all ages.
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Kinds Of Theory Of Legal Argumentation
1. Kinds of Theory of Legal Argumentation
By Aleksander Peczenik
1. General Legal Doctrine
General legal doctrine describes and systematises legal sources and legal argu-
ments. German Juristische Methodenlehre delivers the best examples of it. For ex-
ample, Karl Larenz’s book (1983) has the following structure. Its historical part
includes, among other things, information on Savigny’s views on legal method.
Friedrich Karl von Savigny was the most influential German legal scholar in
XIXth Century. It also gives information about the so-called jurisprudence of
concepts; information about legal theory under influence of positivistic idea of
science; and information about the so-called jurisprudence of interests. Finally, it
includes information about a new legal method, proposed by Larenz, called juris-
prudence of values. The systematic part includes, inter alia, the doctrine of sub-
sumption, that is, the logical relation between general norms of legal statutes and
particular legal decisions. It includes the doctrine of evidence, telling the lawyers
how to evaluate different kinds of evidence presented for the courts. It includes
also the doctrine of interpretation of legal statutes. Finally, it includes a discus-
sion about legal concepts and legal system.
General legal doctrine also produces self-reflection about goals it serves and
methods it uses, for example about standards of rationality in the law. It also
includes philosophical tools and philosophical insights useful for jurists.
General legal doctrine is neither purely descriptive nor purely normative. It fits
well Svein Eng’s general theory of the descriptive and the normative element in
legal language and argumentation (Eng 2003, 312 ff). According to Eng, state-
ments about valid law can be understood both as description of existing law and
as normative recommendation as to how to make the law better. There are no
rules at the level of legal language or of legal methodology that may help us de-
termine usual kinds of statements by lawyers as either descriptive or normative.
2. Relativism and Comparative Studies
The Polish scholar, Jerzy Wróblewski (cf., e.g., 1992) developed a rationalistic
and relativistic meta-theory of interpretation and implementation of legal stat-
utes. This means that he did not construct a theory about interpretation but a
theory about theories of interpretation. He thus formulated theories about the
ideologies of statutory interpretation. He also created a classification of various
actually existing and logically possible methods of statutory interpretation and
indicated their functions. The methods were reworked in the most rational man-
ner. The main analytical tool consisted in a distinction between two kinds inter-
pretative directives. Each method of statutory interpretation was thus character-
ised as a list of first-order directives, for interpretation of statutes, completed
1