Theory or Science of the Law

The jurisprudence concept is often used to describe what was once called the philosophy of law and what Continental legal authors now call the theory or science of law.

“An English or U.S. treatise on jurisprudence defines the essential elements in our conception of law; the relation that law bears to the cognate social sciences, politics, ethics, and economics; the way in which law originates-in popular customs, judicial usage, and legislation-and the way in which it ceases to exist-by desuetude, change of usage, abrogation, or repeal; its application with reference to persons, time, and place; and the way in which it is enforced. Jurisprudence formulates legal relations, rights, and duties. It may undertake to classify law and to construct a system in which every rule of law may find an appropriate place. It may also attempt to classify all the relations that the law recognizes or creates and which it regulates or orders, that is, the relations of state and government to individuals and groups, and of individuals and groups to each other. It may even analyze the fundamental conceptions of the family, of property, and of succession.”(1)

Philosophy and theory of law

For theory of specific legal systems, see law in general.

Historical, geographic, persons treatment of legal theories and schools

Special topics of philosophy and theory of law

This section covers origin, sources, nature, limits of law; rule of law; legal reasoning; justice, injustice; and equal protection of the law. However, the section does not cover systems; neither interdisciplinary works on equal protection of the law.

Law and ethics

This section includes civil rights, law and morality, legal positivism, and natural law.

Law and society

This section covers distributive justice and sociological jurisprudence.

Specific aspects of philosophy and theory

This section includes the classification of law.

Resources

Notes

1. “Jurisprudence,”Microsoft® Encarta® Online Encyclopedia 2000. Contributed By William O. Douglas, M.A., LL.B., LL.D. Late Associate Justice of the U.S. Supreme Court.

Theory of Law