Which theory of jurisprudence emphasizes that law should be based on inherent moral principles?
Understand the Problem
The question is asking which theory of jurisprudence argues that law should be founded on inherent moral principles. This requires an understanding of various legal theories to identify the correct one.
Answer
Natural law theory
The theory of jurisprudence that emphasizes law should be based on inherent moral principles is natural law theory.
Answer for screen readers
The theory of jurisprudence that emphasizes law should be based on inherent moral principles is natural law theory.
More Information
Natural law theory posits that laws should reflect inherent moral and ethical principles, which are derived from human nature and reason. It's contrasted with legal positivism, which argues that law's validity is not necessarily derived from its moral content.
Tips
A common mistake is to confuse natural law theory with legal positivism, which argues that laws must be based on socially accepted rules, not necessarily on inherent morality.
Sources
- Natural law jurisprudence - (Intro to Law and Legal Process) - Fiveable - library.fiveable.me
- Natural Law | Internet Encyclopedia of Philosophy - iep.utm.edu
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