Jurisprudence Discipline

A Jurisprudence Discipline is an legal philosopjy discipline of the principles of the law.

• AKA: Philosophy of Law.
• Context:
  • It can be references by a Legal Analysis.
  • It can be a legal study that explores the theory and philosophy of law.
  • …
• Example(s):
  • Theoretical Jurisprudence (The abstract study of law, focusing on its nature, principles, and concepts rather than its practical application).
    • Analytical Jurisprudence (for defining the essential features of law).
  • Normative Jurisprudence (for investigating the norms that shape and are shaped by law).
  • Legal Positivism (The view that law and morality are separate, and that the validity of law depends on its sources rather than its merits).
  • Natural Law Theory (The idea that there are universal moral principles that are inherent in nature and should be the basis of human law).
  • Legal Realism (The approach that views law as it actually operates in practice, rather than as abstract rules).
  • Critical Legal Studies (A movement that challenges and overturns accepted norms and standards in legal theory and practice).
  • Feminist Jurisprudence (The analysis of law from the perspective of feminist theory and gender equality).
  • ...
• Counter-Example(s):
  • Comparative Law Philosophy (The study of differences and similarities between legal systems of different countries, focusing on comparing rather than theorizing about law's nature).
  • Law and Technology Philosophy (The examination of how technological advancements impact legal systems and concepts, rather than the fundamental nature of law itself).
  • Economy Discipline.
  • Legal Practice.
  • Procedural Law.
• See: Mental Health, Science, Education, Theory, Law, Jurist, Legal Systems, Natural Law, Civil Law (Legal System), Law of Nations, Legal Positivism, Legal Realism.

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References

2021

• (Wikipedia, 2021) ⇒ https://en.wikipedia.org/wiki/jurisprudence Retrieved:2021-3-4.
  • Jurisprudence, or legal theory, is the theoretical study of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and provide a deeper understanding of legal reasoning, legal systems, legal institutions, and the role of law in society. Modern jurisprudence began in the 18th century and was focused 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, which deals with general jurisprudence, 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. This article addresses three distinct branches of thought in general jurisprudence. 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, and it is from these laws of nature that human laws gain whatever force they have. Analytic jurisprudence (Clarificatory jurisprudence) rejects natural law's fusing of what law is and what it ought to be. It espouses the use of a neutral point of view and descriptive language when referring to aspects of legal systems. It encompasses such theories of jurisprudence as "legal positivism", which holds that there is no necessary connection between law and morality and that the force of law comes from basic social facts; and "legal realism", which 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. Normative jurisprudence is concerned with "evaluative" theories of law. It deals with 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.

1986

• (Dworkin, 1986) ⇒ Ronald Dworkin. (1986). “Law's Empire." Harvard University Press.

1961

• (Hart, 2012) ⇒ Herbert L. Hart. (2012). “The Concept of Law.” Oxford University Press.

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