Jurisprudence and Law Principles

Law Overview

• Also referred to as "Lex Matura," meaning "mature law" associated with parchment.

Jurisprudence

• Focuses on legal ideas and concepts; no single idea is universally accepted.
• Individuals interpret laws uniquely, similar to how they think.

Law Origins

• Derived from "Juns and predemtial," emphasizing the subjective nature of law.
• Reflects that legal understanding varies from person to person.

Superiority of Law

• Law must be grounded in reason and regulated appropriately.
• The philosophy suggests that if a divine presence is acknowledged, law should also be rational and systematic.
• Reinforces the notion of a supreme authority dictating law based on moral reasoning.

Imperialist/Positive School (Theory)

• Commonly referred to as "positivism," also known as "Les positiual."
• Emerges as a counterargument to natural law theories.
• Influential figures include Jeremy Bentham, John Austin, and Hans Kelsen, who assert that law is fundamentally about "how" it operates.

Content of the Law

• Positivists assert that law derives from societal constructs and must be explicitly documented in written form.

John Austin's Perspective on Law

• Describes law as a set of rules issued by a superior authority, enforced through sanctions.