Essay in jurisprudence legal personal theory

Of the great variety of kinds of argumentation used in the law, some are persuasive rather than strictly logical, and others exemplify different procedures in applied logic rather than the formulas of pure logic. From that point onward, a more or less continuous history of such reflection can be traced up to the present day.

Essay in jurisprudence legal personal theory

Philosophy of law "But what, after all, is a law? Normative jurisprudence asks "what should law be? The concept of "natural law" emerged in ancient Greek philosophy concurrently and in connection with the notion of justice, and re-entered the mainstream of Western culture through the writings of Thomas Aquinasnotably his Treatise on Law.

Hugo Grotiusthe founder of a purely rationalistic system of natural law, argued that law arises from both a social impulse—as Aristotle had indicated—and reason. While laws are positive "is" statements e. Thus, each legal system can be hypothesised to have a basic norm Grundnorm instructing us to obey.

Later in the 20th century, H. Secondary rules are further divided into rules of adjudication to resolve legal disputesrules of change allowing laws to be varied and the rule of recognition allowing laws to be identified as valid.

Dworkin argues that law is an " interpretive concept", [44] that requires judges to find the best fitting and most just solution to a legal dispute, given their constitutional traditions. In his view, any categorisation of rules beyond their role as authoritative instruments in mediation are best left to sociologyrather than jurisprudence.

Positive law One definition is that law is a system of rules and guidelines which are enforced through social institutions to govern behaviour. Law and economics In the 18th century Adam Smith presented a philosophical foundation for explaining the relationship between law and economics.

The most influential proponents, such as Richard Posner and Oliver Williamson and the so-called Chicago School of economists and lawyers including Milton Friedman and Gary Beckerare generally advocates of deregulation and privatisationand are hostile to state regulation or what they see as restrictions on the operation of free markets.

His second major article, The Problem of Social Costargued that if we lived in a world without transaction costs, people would bargain with one another to create the same allocation of resources, regardless of the way a court might rule in property disputes.

Only the existence of transaction costs may prevent this. The idea is that law and regulation are not as important or effective at helping people as lawyers and government planners believe. Sociology of law Sociology of law is a diverse field of study that examines the interaction of law with society and overlaps with jurisprudence, philosophy of law, social theory and more specialised subjects such as criminology.

Sociology of law is sometimes seen as a sub-discipline of sociology, but its ties to the academic discipline of law are equally strong, and it is best seen as a transdisciplinary and multidisciplinary study focused on the theorisation and empirical study of legal practices and experiences as social phenomena.

In the United States the field is usually called law and society studies; in Europe it is more often referred to as socio-legal studies.

At first, jurists and legal philosophers were suspicious of sociology of law. Around Max Weber defined his "scientific" approach to law, identifying the "legal rational form" as a type of domination, not attributable to personal authority but to the authority of abstract norms. Weber saw this law as having developed in parallel with the growth of capitalism.

Please help improve this section by adding citations to reliable sources. Unsourced material may be challenged and removed. August Learn how and when to remove this template message Law is complex from a methodological viewpoint. Its peculiar features make its unique against the background of other sciences and disciplines.

First, it is not only of a normative but also of a prescriptive nature. Law says how people ought to behave or not, what they may or may not require from others, and what they have to or have not to do if someone ask for that. But normative statements in law are deprived of a descriptive or causal character as opposed to normative statements in empirical science as a law of gravity or even social science as a law of demand and supply in economics.

Second, there is no possibility of empirical verification of the contents of law. Whether the law should or should not comprise precepts of such-and-such import remains far beyond empirical proof.

It is a matter of choice. Third, law is dependent on the shape of the physical world and the limitations inherent in it.

Essay in jurisprudence legal personal theory

It cannot mandate behaviours which are unattainable or force people to do things which are beyond their capabilities.Jurisprudence has been invoked in many ways, sometimes focused on what law is, under the rubric of legal science, legal theory, or legal analysis, and sometimes focused on what law should be under the philosophical frameworks of natural law, utilitarianism, law and economics, pragmatism, critical legal scholarship, or race and gender critical.

Penner, Schiff and Nobles eds Jurisprudence and Legal Theory: Commentary and Materials, Chapter 10(London, Butterworths, ) Ronald Dworkin Social Rules . Philosophy of law, also called jurisprudence, branch of philosophy that investigates the nature of law, especially in its relation to human values, attitudes, practices, and political alphabetnyc.comionally, philosophy of law proceeds by articulating and defending propositions about law that are general and abstract—i.e., that are true not of a specific legal system at a particular time.

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