Political Jurisprudence
Political jurisprudence is a legal theory that some judicial decisions are best understood as part of a political process, with judges operating as political actors. That is, judges are sometimes influenced by public opinion, political activists, and government officials, and their work can be understood as a way of legitimizing and institutionalizing the preferences of these political actors. Description According to Professor Martin Shapiro of University of California, Berkeley, who first noted the theory in 1964: "The core of political jurisprudence is a vision of courts as political agencies and judges as political actors." Legal decisions are no longer focused on a judge's analytical analysis (as in Analytical jurisprudence), but rather it is the judges themselves that become the focus for determining how the decision was reached. Political jurisprudence advocates that judges are not machines but are influenced and swayed by the political system and by their own personal ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
|
Legal Theory
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 ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
|
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]   |
|
Alec Stone Sweet
Alec Stone Sweet is an American political scientist and jurist. He is Professor and Chair of Comparative and International Law at The University of Hong Kong. Scholarship Stone Sweet graduated from Western Washington University (BA, Political Science), the Johns Hopkins SAIS (MA, International Relations), and the University of Washington (Ph.D., Political Science). In January 2016, Stone Sweet became the first Saw Swee Hock Centennial Professor in Law, a tenured full-time position at National University of Singapore Law, leaving his tenured position at Yale in order to focus on Asian law and institutions and to be close to the Singapore International Mediation Institute (SIMI) and the new Singapore International Commercial Court. From 2004 to 2014, he was Leitner Professor of Law, Politics, and International Studies at the Yale Law School. Prior to Yale, he was Official Fellow and Chair of Comparative Government at Nuffield College (1998–2005), and Professor of Political Sc ... [...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]   |
|
Federation Of Pakistan V
A federation (also called a federal state) is an entity characterized by a union of partially self-governing provinces, states, or other regions under a federal government (federalism). In a federation, the self-governing status of the component states, as well as the division of power between them and the central government, is constitutionally entrenched and may not be altered by a unilateral decision, neither by the component states nor the federal political body without constitutional amendment. Sovereign power is formally divided between a central authority and a number of constituent regions so that each region retains some degree of control over its internal affairs. Overriding powers of a central authority theoretically can include the constitutional authority to suspend a constituent state's government by invoking gross mismanagement or civil unrest, or to adopt national legislation that overrides or infringes on the constituent states' powers by invoking the cen ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
|
Federal Court Of Pakistan
The Federal Court of India was a judicial body, established in India in 1937 under the provisions of the ''Government of India Act 1935'', with original, appellate and advisory jurisdiction. It functioned until the Supreme Court of India was established in 1950. Although the seat of the Federal Court was at Delhi, however, a separate Federal Court of Pakistan was established in Pakistan at Karachi after the Partition of India. There was a right of appeal to the Judicial Committee of the Privy Council in London from the Federal Court of India. The Federal Court had exclusive original jurisdiction in any dispute between the Central Government and the Provinces. Initially, it was empowered to hear appeals from the High Courts of the provinces in the cases which involved the interpretation of any Section of the Government of India Act, 1935. From 5 January 1948 it was also empowered to hear appeals in those cases, which did not involve any interpretation of the Government of India Ac ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
|
1953 Pakistani Constitutional Coup
Events January * January 6 – The Asian Socialist Conference opens in Rangoon, Burma. * January 12 – Estonian émigrés found a Estonian government-in-exile, government-in-exile in Oslo. * January 14 ** Marshal Josip Broz Tito is chosen President of Socialist Federal Republic of Yugoslavia, Yugoslavia. ** The Central Intelligence Agency, CIA-sponsored Robertson Panel first meets to discuss the Unidentified flying object, UFO phenomenon. * January 15 ** Georg Dertinger, foreign minister of East Germany, is arrested for spying. ** British security forces in West Germany arrest 7 members of the Naumann Circle, a clandestine Neo-Nazi organization. * January 19 – 71.1% of all television sets in the United States are tuned into ''I Love Lucy'', to watch Lucy give birth to Little Ricky, which is more people than those who tune into Dwight Eisenhower's inauguration the next day. This record is never broken. * January 24 ** Mau Mau Uprising: Rebels in Kenya kill th ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
|
Stare Decisis
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of ''stare decisis'' ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability. Precedent is a defining feature that sets common law systems apart from civil law systems. In common law, precedent can either be something courts must follow (binding) or something they can consider but do not have to follow (persuasive). Civil law systems, in contrast, are characterized by comprehensive codes and detailed statutes, with no emphasis on precedent, and where judges primarily focus on fact-finding and applying codified law. Courts in common law systems rely heavily on case law, which refers to the collection of precedents and legal principles established by previous judicial decisions on s ... [...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]   |
|
Judicial
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Meaning The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
|
University Of California, Berkeley
The University of California, Berkeley (UC Berkeley, Berkeley, Cal, or California), is a Public university, public Land-grant university, land-grant research university in Berkeley, California, United States. Founded in 1868 and named after the Anglo-Irish philosopher George Berkeley, it is the state's first land-grant university and is the founding campus of the University of California system. Berkeley has an enrollment of more than 45,000 students. The university is organized around fifteen schools of study on the same campus, including the UC Berkeley College of Chemistry, College of Chemistry, the UC Berkeley College of Engineering, College of Engineering, UC Berkeley College of Letters and Science, College of Letters and Science, and the Haas School of Business. It is Carnegie Classification of Institutions of Higher Education, classified among "R1: Doctoral Universities – Very high research activity". Lawrence Berkeley National Laboratory was originally founded as par ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |
|
Institutionalizing
In sociology, institutionalisation (or institutionalization) is the process of embedding some conception (for example a belief, norm, social role, particular value or mode of behavior) within an organization, social system, or society as a whole. The term may also be used to refer to committing a particular individual or group to an institution, such as a mental or welfare institution. The term may also be used in a political sense to apply to the creation or organization of governmental institutions or particular bodies responsible for overseeing or implementing policy, for example in welfare or development. During the period of the Industrial Revolution in Europe many countries went through a period of "institutionalization", which saw a large expansion and development of the role of government within society, particularly into areas seen previously as the private sphere. Institutionalization is also seen as an important part of the process of modernization in developing coun ... [...More Info...]       [...Related Items...]     OR:     [Wikipedia]   [Google]   [Baidu]   |