Jurisprudence

Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal philosophers, hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions. As jurisprudence has developed, there are three main aspects with which scholarly writing engages:

• natural law is the idea that there are unchangeable laws of nature which govern us, and that our institutions ought to match this natural law
• analytic jurisprudence asks questions like, "what is law?" "What are the criteria for legal validity?" or "what is the relationship between law and morality?" are other questions that legal philosophers may engage with
• normative jurisprudence asks what law should be like. It overlaps with moral and political philosophy, and includes questions of whether we should obey the law, on what grounds law-breakers might properly be punished, the proper uses and limits of regulation

Modern jurisprudence and philosophy of law is dominated today primarily by Western academics. The ideas of the Western legal tradition have become so pervasive throughout the world that it is tempting to see them as universal. Historically, however, many philosophers from other traditions have discussed the same questions, from Islamic scholars to the ancient Greeks.

Jurisprudence Media

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  Philosophers of law ask "what is law, and what should it be?"

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  Aristotle, by Francesco Hayez

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  Thomas Aquinas was the most influential Western medieval legal scholar.

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  Bentham's utilitarian theories remained dominant in law until the twentieth century.

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  Oliver Wendell Holmes was a self-styled legal realist.

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  Plato (left) and Aristotle (right), a detail of The School of Athens

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  Mill believed law should create happiness.

Related pages

• Constitution
• Constitutional economics

Other websites

• [1] Archived 2005-04-06 at the Wayback Machine Navigate to page for Encyclopedia of the Science of Law (Mellen, 2002).
• John Witte, Jr: A Brief Biography of Dooyeweerd, based on Hendrik van Eikema Hommes, Inleiding tot de Wijsbegeerte van Herman Dooyeweerd (The Hague, 1982; pp 1-4,132)[2] Archived 2006-04-11 at the Wayback Machine
• LII Law about... Jurisprudence
• The Case of the Speluncean Explorers: Nine New Opinions Archived 2008-06-02 at the Wayback Machine, by Peter Suber (Routledge, 1998.) Lon Fuller's classic of jurisprudence brought up to date 50 years later.
• The Roman Law Library, incl. Responsa prudentium Archived 2012-08-31 at the Wayback Machine by Professor Yves Lassard and Alexandr Koptev.
• Evgeny Pashukanis - General Theory of Law and Marxism
• Internet Encyclopedia: Philosophy of Law
• Engle, Eric (2010). Lex Naturalis, Ius Naturalis: Law as Positive Reasoning & Natural Rationality. Elias Clark Group. ISBN 978-0-9807318-4-2.