Jurisprudence

Jurisprudence is the scientific study of law, including:

Modern jurisprudence

Jurisprudence when referring to philosophy of law or legal theory is divided into two major parts: Analytic jurisprudence studies what law 'is' and normative jurisprudence studies what law 'ought to be' both of which study those attributes common to all legal systems. Jurisprudence can also refer to case law in common law, which is the law that is established through the decisions of the courts.

Related Topics:
Philosophy of law - Legal theory - Analytic jurisprudence - Normative jurisprudence - Case law - Common law

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Analytic jurisprudence

See main article: analytic jurisprudence.

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The focus of analytic jurisprudence is using a neutral point of view and descriptive language when referring to the aspects of legal systems. The focus is on what the system is, not on what it should or ought to be. Thus when engaging in analytic jurisprudence moral questions, questions of value are only considered in so far as to describe them as questions of consideration but goes no further.

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Among the most important questions of analytic jurisprudence are these: What is a law? What is a legal system? What is the relationship between law and power? What is the relationship between law and justice or morality? Does every society have a legal system? How should we understand concepts like legal rights and legal obligations or duties? The most influential works of analytic jurisprudence include: Jeremy Bentham, Of Laws in General; Hans Kelsen, The Pure Theory of Law; H.L.A. Hart, The Concept of Law; and Ronald Dworkin, Law's Empire.

Related Topics:
Law - Legal system - Power - Justice - Morality - Concept - Legal right - Legal obligations or duties - Jeremy Bentham - Of Laws in General - Hans Kelsen - The Pure Theory of Law - H.L.A. Hart - The Concept of Law - Ronald Dworkin - Law's Empire

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Normative jurisprudence

See main article: normative jurisprudence.

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The focus of normative jurisprudence is on what law ought to be, on what values are important and looks at questions of morality.

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Among the most important questions of normative jurisprudence are these: What is the proper function of law? What sorts of acts should be subject to punishment, and what sorts of punishment should be permitted? What is justice? What rights do we have? Is there a duty to obey the law? What value has the rule of law? The most influential works of normative jurisprudence include the classics of political philosophy, such as John Stuart Mill's On Liberty. Among contemporary writers, the following have been particularly influential: John Rawls, A Theory of Justice; H.L.A. Hart, Punishment and Responsibility; Joel Feinberg, The Moral Limits of the Criminal Law; Joseph Raz, The Morality of Freedom; Ronald Dworkin, A Matter of Principle.

Related Topics:
Punishment - Classics of political philosophy - John Stuart Mill - On Liberty - John Rawls - A Theory of Justice - H.L.A. Hart - Punishment and Responsibility - Joel Feinberg - The Moral Limits of the Criminal Law - Joseph Raz - The Morality of Freedom - Ronald Dworkin - A Matter of Principle

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