Related Research Articles
Gustav Radbruch was a German legal scholar and politician. He served as Minister of Justice of Germany during the early Weimar period. Radbruch is also regarded as one of the most influential legal philosophers of the 20th century.
The term Jurisprudence is almost synonymous with legal theory and legal philosophy. Jurisprudence as scholarship is principally concerned with what, in general, law is and 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.
Philosophy of law is a branch of philosophy that examines the nature of law and law's relationship to other systems of norms, especially ethics and political philosophy. It asks questions like "What is law?", "What are the criteria for legal validity?", and "What is the relationship between law and morality?" Philosophy of law and jurisprudence are often used interchangeably, though jurisprudence sometimes encompasses forms of reasoning that fit into economics or sociology.
Legal positivism is a school of thought of analytical jurisprudence developed largely by legal philosophers during the 18th and 19th centuries, such as Jeremy Bentham and John Austin. While Bentham and Austin developed legal positivist theory, empiricism provided the theoretical basis for such developments to occur. The most prominent legal positivist writer in English has been H. L. A. Hart, who, in 1958, found common usages of "positivism" as applied to law to include the contentions that:
Ronald Myles Dworkin was an American philosopher, jurist, and scholar of United States constitutional law. At the time of his death, he was Frank Henry Sommer Professor of Law and Philosophy at New York University and Professor of Jurisprudence at University College London. Dworkin had taught previously at Yale Law School and the University of Oxford, where he was the Professor of Jurisprudence, successor to philosopher H.L.A. Hart. An influential contributor to both philosophy of law and political philosophy, Dworkin received the 2007 Holberg International Memorial Prize in the Humanities for "his pioneering scholarly work" of "worldwide impact." According to a survey in The Journal of Legal Studies, Dworkin was the second most-cited American legal scholar of the twentieth century. After his death, the Harvard legal scholar Cass Sunstein said Dworkin was "one of the most important legal philosophers of the last 100 years. He may well head the list."
Legality, in respect of an act, agreement, or contract is the state of being consistent with the law or of being lawful or unlawful in a given jurisdiction, and the construct of power.
Hans Kelsen was an Austrian jurist, legal philosopher and political philosopher. He was the author of the 1920 Austrian Constitution, which with amendments is still in operation. Due to the rise of totalitarianism in Austria, Kelsen left for Germany in 1930 but was forced out of his university post after the Nazi seizure of power in 1933 because of his Jewish ancestry. That year he left for Geneva and in 1940 he moved to the United States. In 1934, Roscoe Pound lauded Kelsen as "undoubtedly the leading jurist of the time". While in Vienna, Kelsen met Sigmund Freud and his circle, and wrote on social psychology and sociology.
Robert Alexy is a jurist and a legal philosopher.
Pure Theory of Law is a book by legal theorist Hans Kelsen, first published in 1934 and in a greatly expanded "second edition" in 1960. The second edition appeared in English translation in 1967, as Pure Theory of Law, the first edition in English translation in 1992, as Introduction to the Problems of Legal Theory. The theory proposed in this book has probably been the most influential theory of law produced during the 20th century. It is, at the least, one of the high points of modernist legal theory.
The Concept of Law is a 1961 book by the legal philosopher H. L. A. Hart and his most famous work. The Concept of Law presents Hart's theory of legal positivism—the view that laws are rules made by humans and that there is no inherent or necessary connection between law and morality—within the framework of analytic philosophy. Hart sought to provide a theory of descriptive sociology and analytical jurisprudence. The book addresses a number of traditional jurisprudential topics such as the nature of law, whether laws are rules, and the relation between law and morality. Hart answers these by placing law into a social context while at the same time leaving the capability for rigorous analysis of legal terms, which in effect "awakened English jurisprudence from its comfortable slumbers".
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.
Articles in social and political philosophy include:
This is an index of articles in jurisprudence.
The jurisprudence of concepts was the first sub-school of legal positivism, according to which, the written law must reflect concepts, when interpreted. Its main representatives were Ihering, Savigny and Puchta.
Theory of Legal Norms is a book, published in 1958, by the Italian jurist Norberto Bobbio about one of the ontological elements of foundations of law — the legal norm.
A Theory of Legal Order is a book of the Italian jurist Norberto Bobbio about one of the ontological elements of foundations of law — the juridical order.
Legal Positivism is a book by the Italian jurist Norberto Bobbio about one of the ontological elements of foundations of law — the jusphilosophical school called juspositivism or legal positivism.
In philosophy of law, free scientific research is a precursor of the jurisprudence of values. Free scientific research asserts that, in order to discover the origins of law's principles and rules, the interpreter's studies may have support on various "sciences" such as sociology, economics, linguistics, philosophy and theology, that previous law teachers had not used before.
Law's Empire is a 1986 text in legal philosophy by Ronald Dworkin, in which the author continues his criticism of the philosophy of legal positivism as promoted by H.L.A. Hart during the middle to late 20th century. The book introduces Dworkin's Judge Hercules as an idealized version of a jurist with extraordinary legal skills who is able to challenge various predominating schools of legal interpretation and legal hermeneutics prominent throughout the 20th century. Judge Hercules is eventually challenged by Judge Hermes, another idealized version of a jurist who is affected by an affinity to respecting historical legal meaning arguments which do not affect Judge Hercules in the same manner. Judge Hermes' theory of legal interpretation is found by Dworkin in the end to be inferior to the approach of Judge Hercules.
A legal norm is a binding rule or principle, or norm, that organisations of sovereign power promulgate and enforce in order to regulate social relations. Legal norms determine the rights and duties of individuals who are the subjects of legal relations within the governing jurisdiction at a given point in time. Competent state authorities issue and publish basic aspects of legal norms through a collection of laws that individuals under that government must abide by, which is further guaranteed by state coercion. There are two categories of legal norms: normativity, which regulates the conduct of people, and generality, which is binding on an indefinite number of people and cases. Diplomatic and legislative immunity refers to instances where legal norms are constructed to be targeted towards a minority and are specifically only binding on them, such as soldiers and public officials.
References
- ↑ Teixeira Júnior, Senomar (1 January 2007). "Velhos Novos Direitos". OAB. Retrieved 30 November 2011.
- ↑ Shapiro, Martin (4 December 1983). "Recent Developments in Political Jurisprudence". The Western Political Quarterly. 36 (4): 541–548. doi:10.2307/448582. JSTOR 448582.
- ↑ Linntam, Marika (1 January 2002). "Building a Just Society: the Role of the Constitutional Judge. Idea of Justice in the Contemporary Value Jurisprudence and the Process of Argumentation". International Law Magazine. Archived from the original on 4 October 2013. Retrieved 1 November 2011.
- ↑ Meyer, Emílio Pesulo (1 March 2006). "O Caráter Normativo Dos Princípios Jurídicos". Jus Navigandi. Retrieved 1 November 2011.
- ↑ Pontes de Miranda, 1973:3
