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.
Reason is the capacity of consciously applying logic by drawing valid conclusions from new or existing information, with the aim of seeking the truth. It is associated with such characteristically human activities as philosophy, religion, science, language, mathematics, and art, and is normally considered to be a distinguishing ability possessed by humans. Reason is sometimes referred to as rationality.
Moral absolutism, commonly known as black-and-white morality, is an ethical view that most, if not all actions are intrinsically right or wrong, regardless of context or consequence.
Hugo Grotius, also known as Hugo de Groot or Huig de Groot, was a Dutch humanist, diplomat, lawyer, theologian, jurist, statesman, poet and playwright. A teenage prodigy, he was born in Delft and studied at Leiden University. He was imprisoned in Loevestein Castle for his involvement in the controversies over religious policy of the Dutch Republic, but escaped hidden in a chest of books that was regularly brought to him and was transported to Gorinchem. Grotius wrote most of his major works in exile in France.
Divine command theory is a meta-ethical theory which proposes that an action's status as morally good is equivalent to whether it is commanded by God. The theory asserts that what is moral is determined by God's commands and that for a person to be moral he is to follow God's commands. Followers of both monotheistic and polytheistic religions in ancient and modern times have often accepted the importance of God's commands in establishing morality.
Virtue ethics is a philosophical approach that treats virtue and character as the primary subjects of ethics, in contrast to other ethical systems that put consequences of voluntary acts, principles or rules of conduct, or obedience to divine authority in the primary role.
Some philosophers distinguish two types of rights, natural rights and legal rights.
The Euthyphro dilemma is found in Plato's dialogue Euthyphro, in which Socrates asks Euthyphro, "Is the pious loved by the gods because it is pious, or is it pious because it is loved by the gods?" (10a)
Early modern philosophy The early modern era of philosophy was a progressive movement of Western thought, exploring through theories and discourse such topics as mind and matter, is a period in the history of philosophy that overlaps with the beginning of the period known as modern philosophy. It succeeded the medieval era of philosophy. Early modern philosophy is usually thought to have occurred between the 16th and 18th centuries, though some philosophers and historians may put this period slightly earlier. During this time, influential philosophers included Descartes, Locke, Hume, and Kant, all of whom contributed to the current understanding of philosophy.
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.
John Mitchell Finnis is an Australian legal philosopher and jurist specializing in jurisprudence and the philosophy of law. He is an original interpreter of Aristotle and Aquinas, and counts Germain Grisez as a major influence and collaborator. He has made contributions to epistemology, metaphysics, and moral philosophy.
Legal naturalism is a term coined by Olufemi Taiwo to describe a current in the social philosophy of Karl Marx which can be interpreted as one of natural law. Taiwo considered it the manifestation of Natural Law in a dialectical materialist context. The concept recognizes the existence of legal priorities or principles, which form an intrinsic part of an economic system.
Kantian ethics refers to a deontological ethical theory developed by German philosopher Immanuel Kant that is based on the notion that "I ought never to act except in such a way that I could also will that my maxim should become a universal law." It is also associated with the idea that "it is impossible to think of anything at all in the world, or indeed even beyond it, that could be considered good without limitation except a good will." The theory was developed in the context of Enlightenment rationalism. It states that an action can only be moral if it is motivated by a sense of duty, and its maxim may be rationally willed a universal, objective law.
Common sense is "knowledge, judgement, and taste which is more or less universal and which is held more or less without reflection or argument". As such, it is often considered to represent the basic level of sound practical judgement or knowledge of basic facts that any adult human being ought to possess. It is "common" in the sense of being shared by nearly all people. The everyday understanding of common sense is ultimately derived from historical philosophical discussions. Relevant terms from other languages used in such discussions include the aforementioned Latin, itself translating Ancient Greek κοινὴ αἴσθησις, and French bon sens. However, these are not straightforward translations in all contexts, and in English different shades of meaning have developed. In philosophical and scientific contexts, since the Age of Enlightenment the term "common sense" has been used for rhetorical effect both approvingly and disapprovingly. On the one hand it has been a standard for good taste, good sense, and source of scientific and logical axioms. On the other hand it has been equated to conventional wisdom, vulgar prejudice, and superstition.
Natural Law and Natural Rights is a book by John Finnis first published by Oxford University Press, as part of the Clarendon Law Series. Finnis develops a philosophy of Law in the tradition of Aristotle and Thomas Aquinas – Natural Law. His presentation and defence of Natural Law can be explored from three perspectives. First, polemical, by contradistinction with other philosophies of Law. Second, through its particular methodology, based on practical reasoning. Third, through its substantive content in the form of basic human goods. In addition, his 2011 edition included an extensive postscript, which is briefly discussed in the fourth section. The book is written as a collection of essays on a wide range of topics guided by an overall theme.
This is an index of articles in jurisprudence.
The philosophy of human rights attempts to examine the underlying basis of the concept of human rights and critically looks at its content and justification. Several theoretical approaches have been advanced to explain how and why the concept of human rights developed.
Man-made law is law that is made by humans, usually considered in opposition to concepts like natural law or divine law.
