Search results for: “schools of jurisprudence”
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Karl Marx
Karl Marx Introduction Marx, Karl (1818-1883), German political philosopher and revolutionist, cofounder with Friedrich Engels of scientific socialism (modern communism), and, as such, one of the most influential thinkers of all times. Marx was born in Trier and was educated at the universities of Bonn, Berlin, and Jena. In 1842, shortly after contributing his first…
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Sociological School
The Sociological School The sociological school of jurisprudence is, in general, “a product of the 20th century. Its approach to the analysis of law differs from that of the other schools in that it is concerned less with the nature and origin of law than with its actual functions and end results. The proponents of…
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Comparative School
The Comparative School The comparative school, “of which the leading early exponents were the German legal scholar Rudolf von Jhering and Albert Hermann Post, represents a widening of the field of investigation. Each national law is studied historically and the various national systems are compared at similar stages of development. As a result of this…
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Historical School
The Historical School “The historical school dates from the 19th century, as a reaction against natural-law ideas. Its principles were first clearly defined in 1814 by the German jurist Friedrich Karl von Savigny.”(1) Other Schools of Jurisprudence In the last decades, others principal schools of jurisprudence are: the analytical school, the natural-law school, the comparative…
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Analytical School
The Analytical School “To the analytical jurist, a law that commands what is ethically wrong or forbids what is ethically right is no less a law if it proceeds from the political sovereign… To the analytical jurist, customary law, including judicial custom, is an anomaly that should be abolished by covering the whole field of…
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Natural-law School
Natural-law School The natural-law school has its roots in Stoic philosophy and Roman jurisprudence; it was increasingly dominant in Europe from the Reformation to the close of the 18th century. The theory of the analytical school was first sharply formulated by the English philosopher Thomas Hobbes in his Leviathan (1651). The views of this school,…
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Jurispruedence
Jurisprudence Introduction to Jurisprudence “Jurisprudence (Latin jurisprudentia, from jus,”law,”and prudentia,”knowledge”), knowledge of the law and its interpretation, or the science and philosophy of law. In ancient Rome the term was used in the former sense. Those who were so skilled in the law that they could decide a novel or doubtful case were called juris…
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Legal Pluralism
Legal Pluralism Legal Pluralism Hooker (1975: 1) highlighted that ‘[l]egal systems typically combine in themselves ideas, principles, rules, and procedures originating from a variety of sources’, adding that ‘[b]oth in the contemporary world and historically the law manifests itself in a variety of forms and a variety of levels’ (p. 1). Studying legal pluralism clearly…
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Rule of Law
Rule of law Definition Rule of law means that any act of the government must be done through laws, that no one is above the law. However this principle has many controversial aspects, the core of it requires that fair laws should apply to all persons in a given jurisdiction. It also means […]
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Rule of Law
Rule of law Definition Rule of law means that any act of the government must be done through laws, that no one is above the law. However this principle has many controversial aspects, the core of it requires that fair laws should apply to all persons in a given jurisdiction. It also means […]
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Roman Law
Introduction to Roman Law Roman Law, in general usage, legal system developed by the Romans from the time of their first codification of law, known as the Law of the Twelve Tables (see Twelve Tables, Law of the), in 450 bc to the death of Justinian I, ruler of the Byzantine Empire, in ad […]