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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.
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.
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 ...
The Archive for Philosophy of Law and Social Philosophy (Archiv für Rechts- und Sozialphilosophie, ARSP) contains scholarly peer-reviewed articles in various languages (inter alia German, English, French and Spanish) on legal and social philosophy. It is published in annual volumes as well as special issues (Beihefte).
Law and economics; Law and Gospel; Law and literature; Law as integrity; Law in action; Law of Christ; Law, Legislation and Liberty; Laws (dialogue) Learned Hand; Legal Education and the Reproduction of Hierarchy; Legal formalism; Legal humanists; Legal moralism; Legal naturalism; Legal origins theory; Legal pluralism; Legal positivism; Legal ...
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 .
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.
Analytical jurisprudence is a philosophical approach to law that draws on the resources of modern analytical philosophy to try to understand its nature. Since the boundaries of analytical philosophy are somewhat vague, it is difficult to say how far it extends. H. L. A.