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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.
Postmodernism is a term used to refer to a variety of artistic, cultural, and philosophical movements that claim to mark a break from modernism. They have in common the conviction that it is no longer possible to rely upon previous ways of depicting the world. Still, there is disagreement among experts about its more precise meaning even within narrow contexts.
Hermeneutics is the theory and methodology of interpretation, especially the interpretation of biblical texts, wisdom literature, and philosophical texts. As necessary, hermeneutics may include the art of understanding and communication.
Criticism is the construction of a judgement about the negative or positive qualities of someone or something. Criticism can range from impromptu comments to a written detailed response. Criticism falls into several overlapping types including "theoretical, practical, impressionistic, affective, prescriptive, or descriptive".
In jurisprudence and legal philosophy, legal positivism is the theory that the existence of the law and its content depend on social facts, such as acts of legislation, judicial decisions, and customs, rather than on morality. This contrasts with natural law theory, which holds that law is necessarily connected to morality in such a way that any law that contradicts morality lacks legal validity.
Critical legal studies (CLS) is a school of critical theory that developed in the United States during the 1970s. CLS adherents claim that laws are devised to maintain the status quo of society and thereby codify its biases against marginalized groups.
Legal realism is a naturalistic approach to law; it is the view that jurisprudence should emulate the methods of natural science; that is, it should rely on empirical evidence. Hypotheses must be tested against observations of the world.
Ronald Myles Dworkin was an American legal 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.
Originalism is a legal theory that bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its adoption. Proponents of the theory object to judicial activism and other interpretations related to a living constitution framework. Instead, originalists argue for democratic modifications of laws through the legislature or through constitutional amendment.
Critique is a method of disciplined, systematic study of a written or oral discourse. Although critique is frequently understood as fault finding and negative judgment, it can also involve merit recognition, and in the philosophical tradition it also means a methodical practice of doubt. The contemporary sense of critique has been largely influenced by the Enlightenment critique of prejudice and authority, which championed the emancipation and autonomy from religious and political authorities.
Feminist legal theory, also known as feminist jurisprudence, is based on the belief that the law has been fundamental in women's historical subordination. Feminist jurisprudence the philosophy of law is based on the political, economic, and social inequality of the sexes and feminist legal theory is the encompassment of law and theory connected. The project of feminist legal theory is twofold. First, feminist jurisprudence seeks to explain ways in which the law played a role in women's subordinate status. Feminist legal theory was directly created to recognize and combat the legal system built primarily by the and for male intentions, often forgetting important components and experiences women and marginalized communities face. The law perpetuates a male valued system at the expense of female values. Through making sure all people have access to participate in legal systems as professionals to combating cases in constitutional and discriminatory law, feminist legal theory is utilized for it all.
Pure Theory of Law is a book by jurist and legal theorist Hans Kelsen, first published in German in 1934 as Reine Rechtslehre, and in 1960 in a much revised and expanded edition. The latter was translated into English in 1967 as Pure Theory of Law. The title is the name of his general theory of law, Reine Rechtslehre.
Joseph Raz was an Israeli legal, moral and political philosopher. He was an advocate of legal positivism and is known for his conception of perfectionist liberalism. Raz spent most of his career as a professor of philosophy of law at Balliol College, Oxford, and was latterly a part-time professor of law at Columbia University Law School and a part-time professor at King's College London. He received the Tang Prize in Rule of Law in 2018.
Peter Goodrich is a Professor of Law at the Benjamin N. Cardozo School of Law, Yeshiva University. He is the managing editor of Law and Literature and serves on the editorial board of Law and Critique. He is co-editor of the critical legal studies book series 'Discourses of Law' published by Routledge. Goodrich was one of the founding academic staff in the Birkbeck Law School.
David Lyons is an American moral, political and legal philosopher who is emeritus professor of philosophy and of law at Boston University after having spent much of his career at Cornell University where he held joint appointment in the College and Arts and Sciences and School of Law.
Postmodern religion is any type of religion that is influenced by postmodernism and postmodern philosophies. Examples of religions that may be interpreted using postmodern philosophy include Postmodern Christianity, Postmodern Neopaganism, and Postmodern Buddhism. Postmodern religion is not an attempt to banish religion from the public sphere; rather, it is a philosophical approach to religion that critically considers orthodox assumptions. Postmodern religious systems of thought view realities as plural, subjective, and dependent on the individual's worldview. Postmodern interpretations of religion acknowledge and value a multiplicity of diverse interpretations of truth, being, and ways of seeing. There is a rejection of sharp distinctions and global or dominant metanarratives in postmodern religion, and this reflects one of the core principles of postmodern philosophy. A postmodern interpretation of religion emphasises the key point that religious truth is highly individualistic, subjective, and resides within the individual.
A critical theory is any approach to humanities and social philosophy that focuses on society and culture to attempt to reveal, critique, and challenge or dismantle power structures. With roots in sociology and literary criticism, it argues that social problems stem more from social structures and cultural assumptions than from individuals. Some hold it to be an ideology, others argue that ideology is the principal obstacle to human liberation. Critical theory finds applications in various fields of study, including psychoanalysis, film theory, literary theory, cultural studies, history, communication theory, philosophy, and feminist theory.
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.
Experimental jurisprudence (X-Jur) is an emerging field of legal scholarship that explores the nature of legal phenomena through psychological investigations of legal concepts. The field departs from traditional analytic legal philosophy in its ambition to elucidate common intuitions in a systematic fashion employing the methods of social science. Equally, unlike research in legal psychology, X-Jur emphasises the philosophical implications of its findings, such as whether, how, and in what respects the law's content is a matter of moral perspective. Whereas some legal theorists have welcomed X-Jur's emergence, others have expressed reservations about the contributions it seeks to make.
References
- ↑ Gary, Minda (1995). Postmodern legal movements : law and jurisprudence at century's end. New York: New York University Press. ISBN 0814755100. OCLC 31436150.
- ↑ Mathieu, Deflem (2008). Sociology of Law: Visions of a Scholarly Tradition. Cambridge, UK: Cambridge University Press. ISBN 9780521857253. OCLC 173368722.
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