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Jurisprudence is the philosophy and theory of law. It is concerned primarily with what the law is and what it ought to be. That includes questions of how persons and social relations are understood in legal terms, and of the values in and of law. 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.
Natural law is a system of law based on a close observation of natural order and human nature, from which values thought by the proponents of this concept to be intrinsic to human nature can be deduced and applied independently of positive law. According to the theory of law called jusnaturalism, all people have inherent rights, conferred not by act of legislation but by "God, nature, or reason." Natural law theory can also refer to "theories of ethics, theories of politics, theories of civil law, and theories of religious morality."
Political philosophy or political theory is the philosophical study of government, addressing questions about the nature, scope, and legitimacy of public agents and institutions and the relationships between them. Its topics include politics, liberty, justice, property, rights, law, and the enforcement of laws by authority: what they are, if they are needed, what makes a government legitimate, what rights and freedoms it should protect, what form it should take, what the law is, and what duties citizens owe to a legitimate government, if any, and when it may be legitimately overthrown, if ever.
Civil disobedience is the active, professed refusal of a citizen to obey certain laws, demands, orders or commands of a government. By some definitions, civil disobedience has to be nonviolent to be called "civil". Hence, civil disobedience is sometimes equated with peaceful protests or nonviolent resistance.
The just war theory is a doctrine, also referred to as a tradition, of military ethics that aims to ensure that a war is morally justifiable through a series of criteria, all of which must be met for a war to be considered just. It has been studied by military leaders, theologians, ethicists and policymakers. The criteria are split into two groups: jus ad bellum and jus in bello. The first group of criteria concerns the morality of going to war, and the second group of criteria concerns the moral conduct within war. There have been calls for the inclusion of a third category of just war theory dealing with the morality of post-war settlement and reconstruction. The just war theory postulates the belief that war, while it is terrible but less so with the right conduct, is not always the worst option. Important responsibilities, undesirable outcomes, or preventable atrocities may justify war.
The just price is a theory of ethics in economics that attempts to set standards of fairness in transactions. With intellectual roots in ancient Greek philosophy, it was advanced by Thomas Aquinas based on an argument against usury, which in his time referred to the making of any rate of interest on loans. It gave rise to the contractual principle of laesio enormis.
The "Letter from Birmingham Jail", also known as the "Letter from Birmingham City Jail" and "The Negro Is Your Brother", is an open letter written on April 16, 1963, by Martin Luther King Jr. It says that people have a moral responsibility to break unjust laws and to take direct action rather than waiting potentially forever for justice to come through the courts. Responding to being referred to as an "outsider", King writes: "Injustice anywhere is a threat to justice everywhere."
Thomism is the philosophical and theological school which arose as a legacy of the work and thought of Thomas Aquinas (1225–1274), the Dominican philosopher, theologian, and Doctor of the Church.
In political philosophy, the phrase consent of the governed refers to the idea that a government's legitimacy and moral right to use state power is justified and lawful only when consented to by the people or society over which that political power is exercised. This theory of consent is historically contrasted to the divine right of kings and had often been invoked against the legitimacy of colonialism. Article 21 of the United Nations' 1948 Universal Declaration of Human Rights states that "The will of the people shall be the basis of the authority of government". Consensus democracy is the application of consensus decision-making and supermajority to democracy.
Resistance to Civil Government, also called On the Duty of Civil Disobedience or Civil Disobedience for short, is an essay by American transcendentalist Henry David Thoreau that was first published in 1849. In it, Thoreau argues that individuals should not permit governments to overrule or atrophy their consciences, and that they have a duty to avoid allowing such acquiescence to enable the government to make them the agents of injustice. Thoreau was motivated in part by his repulsion of slavery and the Mexican–American War (1846–1848).
The absence of good, also known as the privation theory of evil, is a theological and philosophical doctrine that evil, unlike good, is insubstantial, so that thinking of it as an entity is misleading. Instead, evil is rather the absence, or lack ("privation"), of good. This also means that everything that exists is good, insofar as it exists; and is also sometimes stated as that evil ought to be regarded as nothing, or as something non-existent.
Positive laws are human-made laws that oblige or specify an action. Positive law also describes the establishment of specific rights for an individual or group. Etymologically, the name derives from the verb to posit.
The satisfaction theory of atonement is a theory in Catholic theology which holds that Jesus Christ redeemed humanity through making satisfaction for humankind's disobedience through his own supererogatory obedience. The theory draws primarily from the works of Anselm of Canterbury, specifically his Cur Deus Homo. It has been traditionally taught in the Roman Catholic tradition of Western Christianity. Since one of God's characteristics is justice, affronts to that justice must be atoned for. It is thus connected with the legal concept of balancing out an injustice.
The Quinque viæ are five logical arguments for the existence of God summarized by the 13th-century Catholic philosopher and theologian Thomas Aquinas in his book Summa Theologica. They are:
- the argument from "first mover";
- the argument from universal causation;
- the argument from contingency;
- the argument from degree;
- the argument from final cause or ends.
The theology on the body is a broad term for Catholic teachings on the human body.
Thomas Aquinas was an Italian Dominican friar and priest, an influential philosopher and theologian, and a jurist in the tradition of scholasticism from the county of Aquino in the Kingdom of Sicily.
Thou shalt not kill, You shall not murder or Do not murder (CSB), is a moral imperative included as one of the Ten Commandments in the Torah.
Man-made law is law that is made by humans, usually considered in opposition to concepts like natural law or divine law.
Treatise on Law is Thomas Aquinas' major work of legal philosophy. It forms questions 90–108 of the Prima Secundæ of the Summa Theologiæ, Aquinas' masterwork of Scholastic philosophical theology. Along with Aristotelianism, it forms the basis for the legal theory of Catholic canon law.
The philosophy, theology, and fundamental theory of Catholic canon law are the fields of philosophical, theological (ecclesiological), and legal scholarship which concern the place of canon law in the nature of the Catholic Church, both as a natural and as a supernatural entity. Philosophy and theology shape the concepts and self-understanding of canon law as the law of both a human organization and as a supernatural entity, since the Catholic Church believes that Jesus Christ instituted the church by direct divine command, while the fundamental theory of canon law is a meta-discipline of the "triple relationship between theology, philosophy, and canon law".
References
- ↑ Brian Bix, "Jurisprudence: Theory and Context", (Sweet&Maxwell 2009) 70
- ↑ The Encyclopedia of language and linguistics, Volume 4
- ↑ St. Augustine, De libero arbitrio voluntatis, b. 1, s. 5., 1.5.11.33
- ↑ Norman Kretzmann, Lex Iniusta Non Est Lex: Laws on Trial in Aquinas' Court of Conscience, 33 Am. J. Juris. 99 (1988). Thomas Aquinas, Summa Theologiae I-II, q. 96, a. 4, c.
- ↑ "Letter from a Birmingham Jail [King, Jr.]". www.africa.upenn.edu.
- ↑ Day (1982:29–30).