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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.
A belief in the instrumental nature of the law. Like Dewey and Pound, the realists believed that law does and should serve social ends. Judges take account of considerations of fairness and public policy, and they are right to do so. [15] A desire to separate legal from moral elements in the law. The realists were legal positivists who believed ...
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 .
He was a law professor, a writer of law books, bar reviewer and lecturer and political commentator in the Philippines. Fernandez was an authority on constitutional law and labor law , being part of the Philippine jurisprudence project (UP Law Center) and wrote a number of papers on labor law, constitutional law and libel Law.
Commentaries on the Common Law, 1856. fourth London edition 1873 [4] Constitutional Law viewed in relation to Common Law and exemplified by Cases, 1st edition 1866; 2nd edition 1885. [5] Commentaries on the Laws of England (with E. Hadley), 1869. [6] Philosophy of Law; Notes of Lectures, 1876-8. [7] Novels. The Missing Will, 1877; The Unjust ...
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.
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The history of the journal is intertwined with the modern history of the Philippine legal system. Founded in the earlier part of the American Occupation, only three years after the University of the Philippines College of Law’s establishment in 1911, the journal served as a platform for the country's first legal scholars and luminaries to discuss highly contentious issues which would later ...