Jurisprudence (Legal Philosophy) in a Nutshell
Author:
Sinha, Surya Prakash
Edition:
1st
Copyright Date:
1993
14 chapters
have results for Jurisprudence
Chapter 8. Sociological Theories of Law 10 results (showing 5 best matches)
- The jurisprudence of interests suffers from the problems that exist in the sociological jurisprudence generally. In addition, the jurisprudence of interests points to the balancing of interests but does not give much assistance to the crucial question of how that balancing is to be done.
- The sociological theories about the nature of law may be classified into three categories: (A) law viewed in sociological aspects, (B) the jurisprudence of interests, and (C) the free law.
- JURISPRUDENCE OF INTERESTS: PHILIP HECK (1858–1943) AND ROSCOE POUND (1870–1964)
- German jurist Philip Heck originally conceived of the jurisprudence of interests. American jurist Roscoe Pound elaborated it with striking similarity.
- The jurisprudence of interests focuses upon the problem of legal interpretation.
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Chapter 4. Natural Law Theories 6 results (showing 5 best matches)
- Normative jurisprudence depends upon ethics. Ethics is an attempt to organize all our judgments of approval or preference into a coherent system. It includes not only judgments concerning the traditional issues of individual morals but also questions concerning the ultimate values of all human activities. The relation of technical standards to human life and welfare necessarily involves ethics. Hence the dependence of normative jurisprudence upon ethics.
- Natural Law as Ethical Jurisprudence: Morris Raphael Cohen (1880–1947)
- s ethical jurisprudence seems inadequate without laying down its basic assumptions. Only when these assumptions are laid down in detail with content that a judge would have a criterion for choosing one normative principle over another.
- Furthermore, this jurisprudence, in order to be adequate, must include the scientific method for specifying the ethical content. However, this is impossible if the ethical is taken, as Cohen does, as a primitive (irreducible) concept.
- There has been a resurgence in natural law thinking in the past few decades. The modern formulations of natural law include viewing this law as objectively given value (Gény), as morals (Dabin), as deontology (D’Entrèves), as related to sociology (Selznick), as based on anthropology (Mead, and Edel and Edel), as ethical jurisprudence (Cohen), as
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Title Page 1 result
Outline 4 results
- Lundstedt believes that the only possible approach to coping empirically with questions of law is his method of social welfare. That method rejects the method of justice of the traditional jurisprudence. It is based on historic facts, logical criticism of legal ideology, and psychological experience.
- Lundstedt notes the treatment of interests by the proponents of the jurisprudence of interests, discussed above, and denounces their categories as another legal ideology. He wishes to establish as a fact what can be observed in general, namely, that the overwhelming majority of people wish to live and develop their lives’ possibilities. Thus, the area of social welfare comprises the general spirit of enterprise and a general sense of security. From this he derives such postulates as the common production and exchange of commodities, the reliability of promises, the sense of safety to life, limb, and so on.
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Copyright Page 2 results
Chapter 1. Introduction 1 result
Half Title 1 result
Chapter 13. The Critical Legal Studies Movement and Its Offshoots 11 results (showing 5 best matches)
- In this chapter, we shall make a note of a jurisprudential movement called Critical Legal Studies (CLS) and its two offshoots, namely, the feminist jurisprudence and the critical race theory.
- FEMINIST JURISPRUDENCE
- We now have a considerable literature and a number of writers in this field, analyzing women’s subordination and seeking ways of changing the situation. There is diversity in their work. We shall take note, below, of the common feminist themes, the various schools of feminist jurisprudence, and the feminist methodology.
- Critique of Patriarchal Jurisprudence
- The feminist scholars regard mainstream jurisprudence as patriarchal, from which they distance themselves. They show that legal doctrine defines men and protects them, not women, and they argue that by discounting gender differences, the prevailing conceptions of law perpetuate patriarchal power.
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Index 14 results (showing 5 best matches)
- The theories about law that are based in the empiricist epistemology believe that the source of knowledge lies in experience, not in reason, nor in mind. These theories include the positivist theories, the historical theories, the sociological theories, the psychological theory, the American Realist theories, the Scandinavian Realist theories, and the phenomenological theories. Modern movements such as the Critical Legal Studies and its offshoots of the feminist jurisprudence and the critical race theory, too, proceed from the empiricist epistemology.
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- etiquettes, relations of lovers, relations of criminal gangs, and so on. However, it is one thing not to let ordinary language restrict the scientific inquiry but quite another, and not a very satisfactory one, to use the term law for matters so far afield as relations between lovers or gangsters. There may very well be a common psychological element in all of the above relations and law as commonly understood in ordinary language, but is law of jurisprudence the correct notion to designate that element?
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- instead, are united in nature and represent the particular tendencies and faculties of a people. The common conviction of the people binds them into one whole. Therefore, law excludes all notions of an accidental and arbitrary origin. It is located in the consciousness of an inward necessity. It grows with a people and dies when a nation loses its nationality. It is developed first by custom and popular faith and next by jurisprudence.
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- The essential aspect of the realist jurisprudence is a movement in thought and work about law. He enumerates nine features of this movement: (1) the conception of law as a judicial creation and as being constantly in flux; (2) the conception of law as a means to social ends so that it needs be continually examined for its purpose and effects; (3) the conception
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- Publication Date: February 6th, 2006
- ISBN: 9780314013798
- Subject: Jurisprudence
- Series: Nutshells
- Type: Overviews
- Description: Examines the central questions about the nature of law. What is law? How is it defined? What are the essential aspects? Divided into three sections, this authoritative text investigates the various theories of law-metaphysical-rational epistemology, idealistic epistemology, and empiricist epistemology.