"Jurisprudence is the philosophy and theory of law."
The study of the theory and philosophy of law, including questions about the nature of law, legal systems, and legal reasoning.
Natural Law: It concerns the philosophical, ethical, and legal principles that govern human behavior and are independent of human-made laws.
Legal Positivism: It holds that the law is a social construct created by human beings and recognizes only positive laws, which are made by humans, as valid.
Legal Realism: It is a theory that examines how legal decisions are made and recognizes the role of social, economic, and political factors in legal outcomes.
Legal Formalism: It asserts that legal rules are clearly defined, distinct, and predictable, and that judicial decisions must solely rely on legal rules.
Legal Interpretation: It focuses on how legal texts are interpreted and what are the best methods of interpreting them.
Constitutionalism: It concerns the limits and roles of governments and the principles of constitutional law, including separation of powers, the rule of law, and individual rights.
Ethics and Law: It examines the intersection of ethics and law and how ethical principles guide legal decision-making.
Philosophy of Punishment: It deals with the ethics and justifications for criminal punishment, the rights of the accused, and the objectives of the criminal justice system.
Critical Legal Studies: A perspective concerned with exploring how social power relations impact legal decisions and how legal rules are constructed based on social class, race, and gender.
Feminist Legal Theory: A perspective that engages with how gender intersects with legal norms and institutions and how law can promote gender equality.
Analytic Jurisprudence: It is a school of thought that explores how language and reasoning impact legal theory and practice.
Jurisprudence of Human Rights: It examines the role and justification of human rights in legal and political systems.
Law and Economics: It analyzes how economic principles and incentives can influence legal decision-making and outcomes.
Epistemology of Law: It concerns the nature, sources, and limitations of legal knowledge and how to evaluate legal arguments.
International Law: It deals with the principles and rules governing the relationships between states and international institutions.
Analytical Jurisprudence: This is a type of jurisprudence that aims to criticize, clarify and analyse the various concepts, arguments and presuppositions that are studied in law.
Natural Law Jurisprudence: This is a theory that postulates that laws should be based on a universally accepted moral or ethical system. It is thought that laws should be based in inherently right principles like justice, equity and fairness.
Historical Jurisprudence: This type of jurisprudence is concerned with the evolution of legal systems. It seeks to understand how law systems have changed over time, adapting to new social and economic circumstances.
Sociological Jurisprudence: This is the study of the relationship between law and society. This type of jurisprudence examines how law functions in social contexts and how it has been shaped and influenced by it.
Critical Legal Studies Jurisprudence: This is a theory that believes law needs to be evaluated in a larger context of economic, social and historical factors that have played an important role in shaping and interpreting the law.
Feminist Jurisprudence: This type of jurisprudence is concerned with how gender shapes the law and how to ensure gender equality within the legal system.
Marxist Jurisprudence: This is a theory that argues that the law functions in the interests of the ruling class and that justice can only be achieved through social and economic changes that lead to the eradication of class conflict.
Comparative Jurisprudence: This is the study of different legal systems and legal cultures around the world. It aims to identify similarities and differences between legal systems and how they have evolved over time.
Pragmatist Jurisprudence: This type of jurisprudence argues that law should be based on what works or what is most practical in a particular context. It is focused on solving practical problems rather than adhering to fixed principles or concepts.
Postmodern Jurisprudence: This is a critical perspective on legal systems that challenges the notion that law is a neutral force that is fixed and objective. It argues that law is shaped and transformed by social and cultural factors and that legal knowledge is socially constructed.
"It is concerned primarily with what the law is and what it ought to be."
"Work that is counted as jurisprudence is mostly philosophical, but it includes work that also belongs to other disciplines, such as sociology, history, politics, and economics."
"Modern jurisprudence began in the 18th century."
"Early jurisprudence was based on the first principles of natural law, civil law, and the law of nations."
"General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered."
"Contemporary philosophy of law addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists."
"Ancient natural law is the idea that there are rational objective limits to the power of legislative rulers."
"The foundations of law are accessible through reason."
"Analytic jurisprudence rejects natural law's fusing of what law is and what it ought to be."
"Legal positivism holds that there is no necessary connection between law and morality and that the force of law comes from basic social facts."
"Legal realism argues that the real-world practice of law determines what law is, the law having the force that it does because of what legislators, lawyers, and judges do with it."
"Unlike experimental jurisprudence, the traditional method of both natural law and analytic jurisprudence is philosophical analysis."
"Normative jurisprudence is concerned with 'evaluative' theories of law."
"It aims to determine what the goal or purpose of law is, or what moral or political theories provide a foundation for the law."
"It not only addresses the question 'What is law?', but also tries to determine what the proper function of law should be, or what sorts of acts should be subject to legal sanctions, and what sorts of punishment should be permitted."
"Sociology, history, politics, and economics intersect with jurisprudence."
"Legal positivism holds that there is no necessary connection between law and morality."
"The force of law comes from what legislators, lawyers, and judges do with it."
"It espouses the use of a neutral point of view and descriptive language when referring to aspects of legal systems."