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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; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
Thomas Aquinas conflated man-made law (lex humana) and positive law (lex posita or ius positivum). [3] [4] [5] However, there is a subtle distinction between them.Whereas human-made law regards law from the position of its origins (i.e. who it was that posited it), positive law regards law from the position of its legitimacy.
2.4 Philosophy of law. 2.5 International law. 2.6 History of art. 2.7 Poetry. 3 See also. 4 Notes. 5 References. Toggle the table of contents. ... Download as PDF ...
Treatise on Law is Thomas Aquinas' major work of legal philosophy. It forms questions 90–108 of the Prima Secundæ ("First [Part] of the Second [Part]") of the Summa Theologiæ , [ 1 ] Aquinas' masterwork of Scholastic philosophical theology .
Natural Law and Natural Rights (1980; second edition 2011) is a book by John Finnis first published by Oxford University Press, as part of the Clarendon Law Series. Finnis develops a philosophy of Law in the tradition of Aristotle and Thomas Aquinas – Natural Law. His presentation and defence of Natural Law can be explored from three ...
In jurisprudence and legal philosophy, legal positivism is the theory that the existence of the law and its content depend on social facts, such as acts of legislation, judicial decisions, and customs, rather than on morality. This contrasts with natural law theory, which holds that law is necessarily connected to morality in such a way that ...
The English most close analogue is «rule of law». [2] Rechtsstaat is a concept in continental European legal thinking, originally borrowed from German legal philosophy, which can be translated as “legal state” or "state of law", or "state of rights", "constitutional state" in which the exercise of governmental power is constrained by the law.