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Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
Natural law is a system of law based on a close observation of natural order and human nature, from which values, thought by natural law's proponents 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, justice, liberty, property, rights, law, and 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, and 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. Henry David Thoreau's essay Resistance to Civil Government, published posthumously as Civil Disobedience, popularized the term in the US, although the concept itself has been practiced longer before.
Authority is commonly understood as the legitimate power of a person or group over other people. In a civil state, authority may be practiced by legislative, executive, and judicial branches of government, each of which has authority and is an authority. The term "authority" has many nuances and distinctions within various academic fields ranging from sociology to political science.
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. The just war theory presents a justifiable means of war with justice being an objective of armed conflict. Important responsibilities, undesirable outcomes, or preventable atrocities may justify war.
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."
Jus ad bellum, literally "right to war" in Latin, refers to "the conditions under which States may resort to war or to the use of armed force in general". Jus ad bellum is one pillar of just war theory. Just war theory states that war should only be condoned under 'just' conditions. Jus ad bellum simply limits the causes for which war can be considered justifiable. The other parts of just war theory include jus in bello and jus post bellum.
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 starkly contrasted with the divine right of kings and has 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).
Tyrannicide or tyrannomachia is the killing or assassination of a tyrant or unjust ruler, purportedly for the common good, and usually by one of the tyrant's subjects. Tyrannicide was legally permitted and encouraged in Classical Athens. Often, the term "tyrant" was a justification for political murders by rivals, but in some exceptional cases students of Platonic philosophy risked their lives against tyrants. The killing of Clearchus of Heraclea in 353 BC by a cohort led by his own court philosopher is considered a sincere tyrannicide. A person who carries out a tyrannicide is also called a "tyrannicide".
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.
Matthew 5:39 is the thirty-ninth verse of the fifth chapter of the Gospel of Matthew in the New Testament and is part of the Sermon on the Mount. This is the second verse of the antithesis on the command: "eye for an eye". In one of the most famous verses in the New Testament, Jesus here rejects revenge and retaliation, instead telling his followers to turn the other cheek.
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, the foremost Scholastic thinker, as well one of the most influential philosophers and theologians in the Western tradition. He was from the county of Aquino in the Kingdom of Sicily.
De libero arbitrio voluntatis, often shortened to De libero arbitrio, is a book by Augustine of Hippo which seeks to resolve the problem of evil in Christianity by asserting that free will is the cause of all suffering. The first of its three volumes was completed in 388; the second and third were written between 391 and 395. The work is structured as a dialogue between Augustine and his companion Evodius; it ranges over several topics, and includes an attempted proof of the existence of God.
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 not only for the legal theory of Catholic canon law, but provides a model for natural law theories generally.
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".
Christopher “Kit” Heath Wellman is an American philosopher. He teaches at Washington University in St. Louis, where he is also dean of academic planning for Arts & Sciences. He is best known for his distinctive views on core questions in political theory, including political legitimacy, secession, the duty to obey the law, immigration, and the permissibility of punishment.
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).