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Besides utilitarianism and Kantianism, natural law jurisprudence has in common with virtue ethics that it is a live option for a first principles ethics theory in analytic philosophy. The concept of natural law was very important in the development of the English common law.
Though the dialogue is often noted as introducing a theory of natural law, [3] the word "nature" (Greek: φύσις phusis) is never used in the dialogue. [19] Mark Lutz argues that Socrates's account of the problematic character of law shows that the concept of natural law is incoherent. [20]
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.
Plato was not the only Ancient Greek author writing about the law systems of his day, and making comparisons between the Athenian and the Spartan laws. Notably, the Constitution of the Spartans by Xenophon , the Constitution of the Athenians , wrongly attributed to Xenophon, and the Constitution of the Athenians , possibly by Aristotle or one ...
Letter and spirit of the law; Libertarian theories of law; Lon L. Fuller; Lorenzo Peña; Manuel de Lardizábal y Uribe; Mark Wrathall; Metaconstitution; Monarchomachs; Monism and dualism in international law; Monopoly on violence; Muhammad Hamidullah; Mutual liberty; Natural justice; Natural law; Natural order (philosophy) Natural-law argument ...
Iusnaturalism is associated with the notion of natural law proposed by Thomas Hobbes, John Locke, Baruch Spinoza, and Samuel von Pufendorf. [5] It emerged from the view that emphasizes how the ideas of nature and divinity or reason are the sources of the validity of natural and positive laws. [5]
Theoretical legal positivism is a cluster of theories about the nature of law related to a "statalist" conception of law. [10] They include the theory that the law is a set of commands issued by the sovereign authority, whose binding force is guaranteed by the threat of sanctions (coercitive imperativism); a theory of legal sources, in which ...
Legal realism is a naturalistic approach to law; it is the view that jurisprudence should emulate the methods of natural science; that is, it should rely on empirical evidence. Hypotheses must be tested against observations of the world.