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Analytical Jurisprudence
Analytical jurisprudence is a philosophical approach to law that draws on the resources of modern analytical philosophy to try to understand the nature of law. It is a branch of jurisprudence, also called the philosophy of law. Since the boundaries of analytical philosophy are somewhat vague, it is difficult to say how far it extends. H. L. A. Hart is the most influential writer in the history of modern analytical jurisprudence, though the analytical approach to jurisprudence goes back at least to Jeremy Bentham. Analytical jurisprudence is not to be mistaken for legal formalism (the idea that legal reasoning is or can be modelled as a mechanical, algorithmic process). Indeed, it was the analytical jurists who first pointed out that legal formalism is fundamentally mistaken as a theory of law. Analytic, or 'clarificatory' jurisprudence uses a neutral point of view and descriptive language when referring to aspects of legal systems. It rejects natural law's fusing of what law i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Analytical Philosophy
Analytic philosophy is a broad movement within Western philosophy, especially English-speaking world, anglophone philosophy, focused on analysis as a philosophical method; clarity of prose; rigor in arguments; and making use of formal logic, mathematics, and to a lesser degree the natural sciences.Mautner, Thomas (editor) (2005) ''The Penguin Dictionary of Philosophy'', entry for "Analytic philosophy", pp. 22–23 It is further characterized by an interest in language, semantics and Meaning (philosophy), meaning, known as the linguistic turn. It has developed several new branches of philosophy and logic, notably philosophy of language, philosophy of mathematics, philosophy of science, modern predicate logic and mathematical logic. The proliferation of analysis in philosophy began around the turn of the 20th century and has been dominant since the latter half of the 20th century. Central figures in its historical development are Gottlob Frege, Bertrand Russell, G. E. Moore, and L ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Definition Of Law
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; and the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy. Modern jurisprudence began in the 18th century and was based on the first principles of natural law, civil law, and the law of nations. Contemporary philosophy of law addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists. Jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered: * Natural law holds that there are rational objective limits t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Theories Of Law
A theory is a systematic and rational form of abstract thinking about a phenomenon, or the conclusions derived from such thinking. It involves contemplative and logical reasoning, often supported by processes such as observation, experimentation, and research. Theories can be scientific, falling within the realm of empirical and testable knowledge, or they may belong to non-scientific disciplines, such as philosophy, art, or sociology. In some cases, theories may exist independently of any formal discipline. In modern science, the term "theory" refers to scientific theories, a well-confirmed type of explanation of nature, made in a way consistent with the scientific method, and fulfilling the criteria required by modern science. Such theories are described in such a way that scientific tests should be able to provide empirical support for it, or empirical contradiction (" falsify") of it. Scientific theories are the most reliable, rigorous, and comprehensive form of scientific k ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule According To Higher Law
The rule according to a higher law is a philosophical concept that no law may be enforced by the government unless it conforms with certain universal principles (written or unwritten) of fairness, morality, and justice. Thus, ''the rule according to a higher law'' may serve as a practical legal criterion to qualify the instances of political or economical decision-making, when a government, even though acting in conformity with clearly defined and properly enacted law, still produces results which many observers find unfair or unjust. Doctrine The idea of a law of ultimate justice over and above the momentary law of the state—a higher law—was first introduced into post-Roman Europe by the Canon law (Catholic Church), Catholic canon law jurists. "Higher law" can be interpreted in this context as the divine law, divine or natural law or basic legal values, established in the international law—the choice depending on the viewpoint; no matter the source, it is a law above the l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legality
Legality, in respect of an act, agreement, or contract is the state of being consistent with the law or of being lawful or unlawful in a given jurisdiction, and the construct of power. ''Merriam-Webster'' defines legality as "1: attachment to or observance of law. 2: the quality or state of being legal." BusinessDictionary.com, ''The Law Dictionary'', and ''My Law Dictionary'' definition explains concept of attachment to law as "Implied warranty that an act, agreement, or contract strictly adheres to the statutes of a particular jurisdiction. For example, in insurance contracts it is assumed that all risks covered under the policy are legal ventures." Definitions Vicki Schultz states that we collectively have a shared knowledge about most concepts. How we interpret the reality of our actual understanding of a concept manifests itself through the different individual narratives that we tell about the origins and meanings of a particular concept. The difference in narratives, abou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule Of Law
The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". According to ''Encyclopædia Britannica'', it is defined as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." Legal scholars have expanded the basic rule of law concept to encompass, first and foremost, a requirement that laws apply equally to everyone. "Formalists" add that the laws must be stable, accessible and clear. More recently, "substantivists" expand the concept to include rights, such as human rights, and compliance with international law. Use of the phrase can be traced to Tudor period, 16th-century Britain. In the following century, Scottish theologian Samuel Rutherfor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Morality
Morality () is the categorization of intentions, Decision-making, decisions and Social actions, actions into those that are ''proper'', or ''right'', and those that are ''improper'', or ''wrong''. Morality can be a body of standards or principles derived from a code of conduct from a particular philosophy, religion or culture, or it can derive from a standard that is Universal morality, understood to be universal. Morality may also be specifically synonymous with "goodness", "appropriateness" or "rightness". Moral philosophy includes meta-ethics, which studies abstract issues such as moral ontology and moral epistemology, and normative ethics, which studies more concrete systems of moral decision-making such as deontological ethics and consequentialism. An example of normative Ethics, ethical philosophy is the Golden Rule, which states: "One should treat others as one would like others to treat oneself." Immorality is the active opposition to morality (i.e., opposition to that w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Power (social And Political)
In political science, power is the ability to influence or direct the actions, beliefs, or conduct of actors. Power does not exclusively refer to the threat or use of force (coercion) by one actor against another, but may also be exerted through diffuse means (such as institutions). Power may also take structural forms, as it orders actors in relation to one another (such as distinguishing between a Master–slave dialectic, master and an enslaved person, a householder and their relatives, an employer and their employees, a parent and a child, a political representative and their voters, etc.), and discursive forms, as categories and language may lend legitimacy to some behaviors and groups over others. The term ''authority'' is often used for power that is perceived as Legitimacy (political), legitimate or socially approved by the social structure. Scholars have distinguished between soft power and hard power. Types One can classify such power types along three differen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Is–ought Problem
The is–ought problem, as articulated by the Scottish philosopher and historian David Hume, arises when one makes claims about what ''ought'' to be that are based solely on statements about what ''is''. Hume found that there seems to be a significant difference between descriptive statements (about what is) and prescriptive statements (about what ought to be), and that it is not obvious how one can coherently transition from descriptive statements to prescriptive ones. Hume's law or Hume's guillotine is the thesis that an ethical or judgmental conclusion cannot be inferred from purely descriptive factual statements. A similar view is defended by G. E. Moore's open-question argument, intended to refute any identification of moral properties with natural properties, which is asserted by ethical naturalists, who do not deem the naturalistic fallacy a fallacy. The is–ought problem is closely related to the fact–value distinction in epistemology. Though the terms are often ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisprudence
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; and the relationship between law and other fields of study, including Law and economics, economics, Applied ethics, ethics, Legal history, history, Sociology of law, sociology, and political philosophy. Modern jurisprudence began in the 18th century and was based on the first principles of natural law, Civil law (legal system), civil law, and the law of nations. Contemporary philosophy of law addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists. Jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
A Treatise Of Human Nature
'' A Treatise of Human Nature: Being an Attempt to Introduce the Experimental Method of Reasoning into Moral Subjects'' (1739–40) is a book by Scottish philosopher David Hume, considered by many to be Hume's most important work and one of the most influential works in the history of philosophy. The book has appeared in many editions since the death of the author in 1776. The ''Treatise'' is a classic statement of philosophical empiricism, scepticism, and naturalism. In the introduction Hume presents the idea of placing all science and philosophy on a novel foundation: namely, an empirical investigation into human nature. Impressed by Isaac Newton's achievements in the physical sciences, Hume sought to introduce the same experimental method of reasoning into the study of human psychology, with the aim of discovering the "extent and force of human understanding". Against the philosophical rationalists, Hume argues that the passions, rather than reason, cause human behaviour. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
David Hume
David Hume (; born David Home; – 25 August 1776) was a Scottish philosopher, historian, economist, and essayist who was best known for his highly influential system of empiricism, philosophical scepticism and metaphysical naturalism. Beginning with '' A Treatise of Human Nature'' (1739–40), Hume strove to create a naturalistic science of man that examined the psychological basis of human nature. Hume followed John Locke in rejecting the existence of innate ideas, concluding that all human knowledge derives solely from experience. This places him with Francis Bacon, Thomas Hobbes, John Locke, and George Berkeley as an empiricist. Cranston, Maurice, and Thomas Edmund Jessop. 2020 999br>David Hume" ''Encyclopædia Britannica''. Retrieved 18 May 2020. Hume argued that inductive reasoning and belief in causality cannot be justified rationally; instead, they result from custom and mental habit. We never actually perceive that one event causes another but only experience ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
