Jurisprudence and Natural Law Theories

The only recognized natural right by Kant is the right to freedom, which must harmoniously coexist with the right to freedom of other individuals.

The decline was influenced by advancements in empirical methods and scientific behavioralism, which denounced the divine sources of natural law.

Hume argued that what was considered inherent reason in natural law is actually confusion, undermining its legitimacy.

<p>The revival was a reaction to positivist legal theories and was accelerated by the societal changes following the First World War, which revealed the inadequacy of positive law.</p> Signup and view all the answers

<p>Revived natural law theories adopted analytical, historical, and sociological approaches, focusing on practical problems rather than abstract ideas.</p> Signup and view all the answers

<p>The analytical school, also known as the Austinian school, treats law as the command of the sovereign, focusing primarily on positive law.</p> Signup and view all the answers

<p>Bentham and Austin criticized natural law as 'simple nonsense' and 'nonsense upon stilts', dismissing its foundational concepts as invalid.</p> Signup and view all the answers

<p>Natural law has supported the emergence of various ideologies throughout history by promoting the idea that law must reflect relational and societal needs.</p> Signup and view all the answers

<p>Jurisprudence is defined by Keeton as 'the study and systematic arrangement of the general principles of law.'</p> Signup and view all the answers

<p>Modern jurisprudence is tied to sociology on one end and philosophy on the other.</p> Signup and view all the answers

<p>Friedmann argues that jurisprudence studies legal concepts while legal theory deals with the philosophical aspects of law.</p> Signup and view all the answers

<p>Defining jurisprudence is challenging because various ideas regarding its meaning are influenced by the social and political conditions in different countries.</p> Signup and view all the answers

<p>Salmond explains that jurisprudence investigates law and brings important principles and legal concepts to light.</p> Signup and view all the answers

<p>Roman civilization contributed to jurisprudence by questioning the meaning and nature of law, although the concepts of law, morals, and justice were then confused.</p> Signup and view all the answers

<p>Legal theory is concerned with natural law and natural rights, as well as legal positivism.</p> Signup and view all the answers

<p>Ancient Greek philosophers like Socrates, Plato, and Aristotle contributed to jurisprudence by exploring fundamental questions about law, morals, and justice.</p> Signup and view all the answers

<p>Bentham rejected natural law, emphasizing the principle of utility instead, which focuses on the law as it is rather than idealistic notions of how it ought to be.</p> Signup and view all the answers

<p>Expository jurisprudence, developed by Bentham, deals with the law as it is, contrasting with censorial jurisprudence that addresses how law ought to be.</p> Signup and view all the answers

<p>Austin expanded upon Bentham's theory of positive law, applying a more detailed and empirical analysis to expository jurisprudence.</p> Signup and view all the answers

<p>The analytical school reacted against the principles of natural law, challenging its subjective and often vague assumptions in favor of clearer, positive legal structures.</p> Signup and view all the answers

<p>Allen characterized Austin as impervious to 18th-century individualism, suggesting that Austin did not rebel against it but rather approached law from a positivistic and empirical perspective.</p> Signup and view all the answers

<p>Bentham distinguished jurisprudence into expository and censorial categories, but he is not considered the father of the analytical school because his discussion still acknowledged the influence of natural law through the concept of utility.</p> Signup and view all the answers

<p>Reason was advocated by thinkers like Descartes and Locke as a guiding principle, but utilitarian thought, as emphasized by Bentham, prioritized practical outcomes over abstract reasoning about justice.</p> Signup and view all the answers

<p>Prominent exponents include Bentham, Austin, Holland, and Hart, who contributed to a shift in legal thought towards positivism and an analysis of law based on its actual application rather than abstract principles.</p> Signup and view all the answers

<p>Questions of fact can later be converted into questions of law, highlighting the interplay between legal theory and reality.</p> Signup and view all the answers

<p>Coke's statement implies that the collective wisdom of law and justice surpasses individual human judgment, ensuring fairness.</p> Signup and view all the answers

<p>The evolution of law is intertwined with an expanding concept of justice, which aims to ensure uniformity and respect for rights and duties.</p> Signup and view all the answers

<p>The state, through law, enforces justice and punishes violations of it, maintaining order in society.</p> Signup and view all the answers

<p>An external force is necessary because individuals' inherent selfishness may lead to a lack of mutual justice.</p> Signup and view all the answers

<p>Derived from 'Jungere,' meaning to bind together, justice emphasizes the importance of societal cohesion.</p> Signup and view all the answers

<p>Blackstone's definition implies that justice serves as a source from which rights, duties, and equity develop.</p> Signup and view all the answers

<p>Justice embodies impartiality and uniformity, ensuring that rights and duties are equally respected and enforced.</p> Signup and view all the answers

<p>The Analytical School believes law's hallmark is its enforcement by the sovereign, while the Historical School argues that law's existence does not depend on such enforcement.</p> Signup and view all the answers

<p>The Historical School regards custom as a formal source of law, unlike the Analytical School.</p> Signup and view all the answers

<p>The Historical School emphasizes the historical context of laws, while the Analytical School focuses strictly on their textual contents.</p> Signup and view all the answers

<p>Legal history studies the origin and development of entire legal systems, whereas the Historical School focuses on the history of legal principles within those systems.</p> Signup and view all the answers

<p>The Sociological School emerged in response to societal changes following the Industrial Revolution, emphasizing social conditions and individual welfare.</p> Signup and view all the answers

<p>Duguit viewed social interdependence as a crucial reality, asserting that individuals cannot survive independently without their communities.</p> Signup and view all the answers

<p>The Sociological School is unconcerned with the ethical constituents of law, focusing instead on the circumstances influencing legal institutions.</p> Signup and view all the answers

<p>This balance is essential for ensuring justice, as both elements are integral to the individual's role within society.</p> Signup and view all the answers

<p>To claim a debt or right against the State through a court of law.</p> Signup and view all the answers

<p>When their rights are uncertain but have not been violated.</p> Signup and view all the answers

<p>Management and distribution of property, such as trust administration or company liquidation.</p> Signup and view all the answers

<p>They create, extinguish, or transfer rights without serving as a remedy for wrongs.</p> Signup and view all the answers

<p>Legislation and judicial precedents.</p> Signup and view all the answers

<p>They refer to the sovereign or State that makes and enforces the laws.</p> Signup and view all the answers

<p>It refers to the origins of law.</p> Signup and view all the answers

<p>A judge interprets and applies certain rules to decide upon a case.</p> Signup and view all the answers