Lac weekly.docx - Week 2 Pages 302-303 What is'jurisprudence’ theory of philosophy of law – related to legal thinking and legal analysis – needed

Lac weekly.docx - Week 2 Pages 302-303 What...

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Week 2: Pages 302-303 What is 'jurisprudence’? theory of philosophy of law – related to legal thinking and legal analysis – needed to understand why laws are made and how they are made and how people are influenced to make laws and how people are entitled to make laws – how to decode laws * Jurisprudence generally involves the philosophical and scientific examination into the social phenomena of law and legal system What is 'analytical jurisprudence'? meaning of law – analytical jurisprudence analyses questions concerning the meaning of the law in general, as well as major concepts of law, in an attempt to elucidate the fundamental elements that comprise law What is 'normative jurisprudence'? moral evaluation of legal structure and determines what law ought to be – legal feminism - normative jurisprudence undertakes a moral evaluation of legal rules and structures, and attempts to determine what the law ought to be Outline the ways in which an understanding of jurisprudence can assist law students and legal practitioners to engage in a critical evaluation/analysis of the law and commentary about the law. * Critically analysing law from the jurisprudence perspective – working out what theory their using can help you work out how strong their argument is. * Legal theory is a tool of legal analysis – to analyse a legal argument because it helps us to identify assumptions which maybe be made about what law is or what role law should play – > Natural law – an idea that law has some innate higher principles beyond human choices > Liberalism – a philosophical approach where the interests of individuals are promoted above the collective needs. > Positivism – an idea that law is what humans declare it to be > Feminism – a view that the law favours the interest of men and should be reconceived to include female voices and provide for gender equality > Jurisprudence – the theory and philosophy of law and study the nature of god. > Liberalism – a philosophical approach where the interest of individuals are promoted above the collective needs.
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> Realism – an assessment of what really happens in legal practice and decision making, which underlies legal doctrine and reasoning Natural law – natural law exists whether anyone has declared it a law – natural law is seen as superior – it is universal because it applies to all people and can’t be changed by human intervention • Natural law; an idea that law has some innate higher principles beyond human choices.
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