Jurisprudence, or legal theory, is the theoretical study of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and provide a deeper understanding of legal reasoning, legal systems, legal institutions, and the role of law in society.
Postmodernism is a broad movement that developed in the mid- to late 20th century across philosophy, the arts, architecture, and criticism, marking a departure from modernism. The term has been more generally applied to describe a historical era said to follow after modernity and the tendencies of this era.
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.
Hermeneutics is the theory and methodology of interpretation, especially the interpretation of biblical texts, wisdom literature, and philosophical texts. Hermeneutics is more than interpretative principles or methods used when immediate comprehension fails and includes the art of understanding and communication.
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:
Critical legal studies (CLS) is a school of critical theory that first emerged as a movement in the United States during the 1970s. Critical Legal Studies adherents claim that laws are used to maintain the status quo of society's power structures; it is also held that the law is a codified form of society's biases against marginalized groups. Despite wide variation in the opinions of critical legal scholars around the world, there is general consensus regarding the key goals of Critical Legal Studies:
Legal realism is a naturalistic approach to law. It is the view that jurisprudence should emulate the methods of natural science, i.e., rely on empirical evidence. Hypotheses must be tested against observations of the world.
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 renowned 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."
Legal formalism is both a descriptive theory and a normative theory of how judges should decide cases. In its descriptive sense, formalists believe that judges reach their decisions by applying uncontroversial principles to the facts. Although the numerous decided cases imply numerous principles, formalists believe that there is an underlying logic to these principles that is straightforward and which legal experts can readily discover. The ultimate goal of formalism would be to formalise the underlying principles in a single and determinate system that could be applied mechanically. Formalism has been called 'the official theory of judging'. It is the thesis to which legal realism is the antithesis.
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 former 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.
Legality can be defined as an act, agreement, or contract that is consistent with the law or state of being lawful or unlawful in a given jurisdiction.
Jeremy Waldron is a New Zealand professor of law and philosophy. He holds a University Professorship at the New York University School of Law and was formerly the Chichele Professor of Social and Political Theory at All Souls College, Oxford University. Waldron also holds an adjunct professorship at Victoria University of Wellington. Waldron is regarded as one of the world's leading legal and political philosophers.
The law and literature movement focuses on the interdisciplinary connection between law and literature. This field has roots in two major developments in the intellectual history of law—first, the growing doubt about whether law in isolation is a source of value and meaning, or whether it must be plugged into a large cultural or philosophical or social-science context to give it value and meaning; and, second, the growing focus on the mutability of meaning in all texts, whether literary or legal. Those who work in the field stress one or the other of two complementary perspectives: Law in literature and law as literature.
Costas Douzinas is a professor of law, a founder of the Birkbeck School of Law and the Department of Law of the University of Cyprus, the founding director of the Birkbeck Institute for the Humanities at Birkbeck, University of London, the President of the Nikos Poulantzas Institute and a former politician.
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. Peter Goodrich was one of the founding academic staff in the Birkbeck Law School.
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.
Jurisprudence of values or jurisprudence of principles is a school of legal philosophy. This school represents, according to some authors, a step in overcoming the contradictions of legal positivism and, for this reason, it has been considered by some authors as a post-positivism school. Jurisprudence of values is referred to in various works all over the world.
Critical theory is a Marxist approach to social philosophy that focuses on reflective assessment and critique of society and culture in order to reveal and challenge power structures. With origins in sociology and literary criticism, it argues that social problems are influenced and created more by societal structures and cultural assumptions than by individual and psychological factors. Maintaining that ideology is the principal obstacle to human liberation, critical theory was established as a school of thought primarily by the Frankfurt School theoreticians Herbert Marcuse, Theodor Adorno, Walter Benjamin, Erich Fromm, and Max Horkheimer. Horkheimer described a theory as critical insofar as it seeks "to liberate human beings from the circumstances that enslave them."
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 notably 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.
