Index of philosophy of law articles
Encyclopedia
This is an index of articles in jurisprudence
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Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
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- A Failure of CapitalismA Failure of CapitalismA Failure of Capitalism is a major 2009 nonfiction book by Judge Richard Posner, the most-cited American legal scholar in history, among the most respected judges in the United States , and a major proponent of the economic analysis of law...
- Alf RossAlf RossAlf Niels Christian Ross was a Danish legal and moral philosopher and scholar of international law. He is best known as one of the leading exponents of Scandinavian Legal Realism....
- American Society for Political and Legal PhilosophyAmerican Society for Political and Legal PhilosophyThe American Society for Political and Legal Philosophy, or ASPLP, is a learned society founded in 1955 by political theorist Carl Friedrich. The ASPLP's annual thematic conferences form the foundation for the Nomos series. The ASPLP operates according to a distinctive three-discipline structure...
- Analytical jurisprudenceAnalytical jurisprudenceAnalytical jurisprudence is a legal theory that draws on the resources of modern analytical philosophy to try to understand the nature of law. Since the boundaries of analytical philosophy are somewhat vague, it is difficult to say how far it extends. H. L. A...
- Anarchist lawAnarchist lawAnarchist law is a hypothetical body of norms regarding behavior and decision making that might be operative in an anarchist community. The term is used in a series of ongoing debates within the various branches of anarchist theory regarding if and how norms of individual and/or collective...
- AntinomianismAntinomianismAntinomianism is defined as holding that, under the gospel dispensation of grace, moral law is of no use or obligation because faith alone is necessary to salvation....
- António Castanheira NevesAntónio Castanheira NevesAntónio Castanheira Neves is a Portuguese legal philosopher and a professor emeritus at the law faculty of the University of Coimbra....
- ArchonArchonArchon is a Greek word that means "ruler" or "lord", frequently used as the title of a specific public office. It is the masculine present participle of the verb stem ἀρχ-, meaning "to rule", derived from the same root as monarch, hierarchy, and anarchy.- Ancient Greece :In ancient Greece the...
- Argumentation theoryArgumentation theoryArgumentation theory, or argumentation, is the interdisciplinary study of how humans should, can, and do reach conclusions through logical reasoning, that is, claims based, soundly or not, on premises. It includes the arts and sciences of civil debate, dialogue, conversation, and persuasion...
- AristotleAristotleAristotle was a Greek philosopher and polymath, a student of Plato and teacher of Alexander the Great. His writings cover many subjects, including physics, metaphysics, poetry, theater, music, logic, rhetoric, linguistics, politics, government, ethics, biology, and zoology...
- Arthur Linton CorbinArthur Linton CorbinArthur Linton Corbin was a professor at Yale Law School and a scholar of contract law. He helped to develop the philosophy of law known as legal realism, and wrote one of the most celebrated legal treatises of the Twentieth century, Corbin on Contracts.-Early life:Corbin was born in Linn County,...
- AuctoritasAuctoritasAuctoritas is a Latin word and is the origin of English "authority." While historically its use in English was restricted to discussions of the political history of Rome, the beginning of phenomenological philosophy in the twentieth century expanded the use of the word.In ancient Rome, Auctoritas...
- Bartolomé de las CasasBartolomé de Las CasasBartolomé de las Casas O.P. was a 16th-century Spanish historian, social reformer and Dominican friar. He became the first resident Bishop of Chiapas, and the first officially appointed "Protector of the Indians"...
- Basic normBasic normBasic norm is a concept in the Pure Theory of Law created by Hans Kelsen, a jurist and legal philosopher. Kelsen used this word to denote the basic norm, order, or rule that forms an underlying basis for a legal system...
- BasileusBasileusBasileus is a Greek term and title that has signified various types of monarchs in history. It is perhaps best known in English as a title used by the Byzantine Emperors, but also has a longer history of use for persons of authority and sovereigns in ancient Greece, as well as for the kings of...
- Biblical lawBiblical lawBiblical law refers to the legal aspects of the Bible, the holy scriptures of Judaism and Christianity.-Judaism:* 613 Mitzvot, the 613 commandments contained in the Torah* Mitzvah, divine commandment, act of human kindness, a good deed...
- Biblical law in ChristianityBiblical law in ChristianityChristian views of the Old Covenant have been central to Christian theology and practice since the circumcision controversy in Early Christianity. There are differing views about the applicability of the Old Covenant among Christian denominations...
- Boris FurlanBoris FurlanBoris Furlan was a Slovenian jurist, philosopher of law, translator and liberal politician. During World War II, he worked as a speaker on Radio London, and was known as the "London's Slovene voice". He served as a Minister in the Tito-Šubašić coalition government...
- Bruno LeoniBruno LeoniBruno Leoni was an Italian classical-liberal political philosopher and lawyer.Besides being editor for the political science journal Il Politico, Leoni was also involved as secretary and later president of the Mont Pelerin Society...
- Cafeteria ChristianityCafeteria Christianity"Cafeteria Christianity" is a derogatory term used by some Christians, and others, to accuse other Christian individuals or denominations of selecting which Christian doctrines they will follow, and which they will not.-First use in print:...
- Carl Joachim FriedrichCarl Joachim FriedrichCarl Joachim Friedrich was a German-American professor and political theorist....
- Carl SchmittCarl SchmittCarl Schmitt was a German jurist, philosopher, political theorist, and professor of law.Schmitt published several essays, influential in the 20th century and beyond, on the mentalities that surround the effective wielding of political power...
- Cautelary jurisprudenceCautelary jurisprudenceCautelary jurisprudence is law made in a precautionary way prior to or outside of the normal legislative enactment. It meant empirical, practical legal efforts aimed at solving individual cases, as distinguished from regular jurisprudence which sought to establish abstract rules under which...
- Charles de Secondat, baron de MontesquieuCharles de Secondat, baron de MontesquieuCharles-Louis de Secondat, baron de La Brède et de Montesquieu , generally referred to as simply Montesquieu, was a French social commentator and political thinker who lived during the Enlightenment...
- Compact theoryCompact theoryCompact theory is a theory relating to the development of some federal constitutions.-Compact theory in the United States:Regarding the Constitution of the United States, the compact theory holds that the nation was formed through a compact agreed upon by all the states, and that the federal...
- ConstitutionalismConstitutionalismConstitutionalism has a variety of meanings. Most generally, it is "a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited by a body of fundamental law"....
- ConventionalismConventionalismConventionalism is the philosophical attitude that fundamental principles of a certain kind are grounded on agreements in society, rather than on external reality...
- CorelativeCorelativeCorrelative is the term adopted by Wesley Newcomb Hohfeld to describe the philosophical relationships between fundamental legal concepts in jurisprudence.- Hohfeldian analysis :...
- Costas DouzinasCostas DouzinasCostas Douzinas is Professor of Law and Director of the Birkbeck Institute for the Humanities at Birkbeck, University of London. He is well known for his work in Human Rights, Aesthetics, Postmodern Legal Theory and Political Philosophy...
- Critical legal studiesCritical legal studiesCritical legal studies is a movement in legal thought that applied methods similar to those of critical theory to law. The abbreviations "CLS" and "Crit" are sometimes used to refer to the movement and its adherents....
- Critical race theoryCritical race theoryCritical Race Theory is an academic discipline focused upon the intersection of race, law and power.Although no set of canonical doctrines or methodologies defines CRT, the movement is loosely unified by two common areas of inquiry...
- Czesław ZnamierowskiCzesław ZnamierowskiCzesław Znamierowski was a Polish philosopher, jurist and sociologist.-Life:In 1924–39 and in 1945–65 Znamierowski was professor of law theory at Poznań University...
- Daniel N. RobinsonDaniel N. RobinsonDaniel N. Robinson is a Distinguished Professor Emeritus of Philosophy at Georgetown University and a Fellow of the Faculty of Philosophy, Oxford University.-Career:...
- DecisionismDecisionismDecisionism is a political, ethical and jurisprudential doctrine which states that moral or legal precepts are the product of decisions made by political or legal bodies...
- Declaration of DelhiDeclaration of DelhiThe New Delhi Congress or Declaration of Delhi was an international gathering of over 185 judges, lawyers, and law professors from 53 countries all over the world, united as the International Commission of Jurists that took place in New Delhi, India in 1959. The theme of the New Delhi Congress was...
- DeclarationismDeclarationismDeclarationism is a legal philosophy that incorporates the United States Declaration of Independence into the body of case law on level with the United States Constitution. It holds that the Declaration is a natural law document and so that natural law has a place within American jurisprudence. Its...
- Dignitas (Roman concept)
- Director primacyDirector primacyDirector Primacy is a theory of the firm that was introduced by Stephen M Bainbridge in an article in Northwestern University Law Review in 2003 Vol 97 No 2....
- Discourse ethicsDiscourse ethicsDiscourse ethics, sometimes called argumentation ethics, refers to a type of argument that attempts to establish normative or ethical truths by examining the presuppositions of discourse.-Habermas and Apel:...
- Divine command theoryDivine command theoryDivine command theory is the meta-ethical view about the semantics or meaning of ethical sentences, which claims that ethical sentences express propositions, some of which are true, about the attitudes of God...
- Dualism (law)
- Duncan KennedyDuncan KennedyDuncan Kennedy is the Carter Professor of General Jurisprudence at Harvard Law School and a founder of critical legal studies as movement and school of thought. Kennedy has been a member of the ACLU since 1967. According to his own testimony, he has never forgotten to pay his dues.-Education and...
- Earth jurisprudenceEarth jurisprudenceEarth jurisprudence is a philosophy of law and human governance that is based on the idea that humans are only one part of a wider community of beings and that the welfare of each member of that community is dependent on the welfare of the Earth as a whole...
- Emerich de VattelEmerich de VattelEmer de Vattel was a Swiss philosopher, diplomat, and legal expert whose theories laid the foundation of modern international law and political philosophy. He was born in Couvet in Neuchatel, Switzerland in 1714 and died in 1767 of edema...
- Ernesto Garzón ValdésErnesto Garzón ValdésErnesto Garzón Valdés is an Argentine philosopher.He has been professor of philosophy of law at the universities of Córdoba and La Plata in Argentina and, upon being exiled in Germany during the administration of Isabel Perón and the subsequent dictatorship in Argentina, at the universities of...
- Ethical arguments regarding tortureEthical arguments regarding tortureEthical arguments have arisen regarding torture, and its debated value to society. Despite worldwide condemnation and the existence of treaty provisions that forbid it, some countries still use it...
- Expounding of the LawExpounding of the LawThe Expounding of the Law is a highly structured part of the Sermon on the Mount in the New Testament...
- Eye for an eyeEye For An EyeEye for an Eye is a Polish hardcore punk rock band founded in 1997 in Bielsko-Biała. EFAE, as it is also known, plays an old school style of punk, more along the veins of The Exploited or even, some say, Agnostic Front. The punk stylings of EFAE has been compared to fellow countrymen Post Regiment,...
- Felix KaufmannFelix KaufmannFelix Kaufmann was an Austrian-American philosopher of law.Kaufmann studied jurisprudence and philosophy in Vienna. From 1922 to 1938 he was a Privatdozent there. During this time Kaufmann was associated with the Vienna Circle...
- Feminist legal theoryFeminist legal theoryFeminist legal theory is based on the belief that the law has been instrumental in women's historical subordination. The project of feminist legal theory is twofold. First, feminist jurisprudence seeks to explain ways in which the law played a role in women's former subordinate status...
- First possession theory of propertyFirst possession theory of propertyThe "first possession" theory of property holds that ownership of something is justified simply by someone seizing it before someone else does. This contrasts with the labor theory of property where something may become property only by applying productive labor to it, i.e. by making something out...
- Francesco D'AndreaFrancesco D'AndreaFrancesco D'Andrea was an Italian jurist and natural philosopher.Born to a patrician family in Naples, he worked as an advocate after obtaining his doctorate in law in 1641. He was active in philosophical circles, including in the Accademia degli Investiganti, which sought to promote modern...
- François HotmanFrançois HotmanFrançois Hotman was a French Protestant lawyer and writer, associated with the legal humanists and with the monarchomaques, who struggled against absolute monarchy. His first name is often written 'Francis' in English. His surname is Latinized by himself as Hotomanus, by others as Hotomannus and...
- Freedom of contractFreedom of contractFreedom of contract is the freedom of individuals and corporations to form contracts without government restrictions. This is opposed to government restrictions such as minimum wage, competition law, or price fixing...
- Friedrich von Hayek
- Fritz BerolzheimerFritz BerolzheimerFritz Berolzheimer, Juris Doctor was a German philosopher of law. He was the author of the five volume System der Rechts- und Wirtschaftsphilosophie...
- GeojurisprudenceGeojurisprudenceGeojurisprudence is "a systemic approach to the connections of legal science to geography and geopolitics" Geojurisprudence is "a systemic approach to the connections of legal science to geography and geopolitics" Geojurisprudence is "a systemic approach to the connections of legal science to...
- Georg Wilhelm Friedrich HegelGeorg Wilhelm Friedrich HegelGeorg Wilhelm Friedrich Hegel was a German philosopher, one of the creators of German Idealism. His historicist and idealist account of reality as a whole revolutionized European philosophy and was an important precursor to Continental philosophy and Marxism.Hegel developed a comprehensive...
- George BuchananGeorge BuchananGeorge Buchanan may refer to:*George Buchanan , Scottish humanist*Sir George Buchanan , Scottish soldier during the Wars of the Three Kingdoms*Sir George Buchanan , Chief Medical Officer...
- German Historical SchoolGerman Historical SchoolThe German Historical School of Law is a 19th century intellectual movement in the study of German law. With Romanticism as its background, it emphasized the historical limitations of the law...
- Giorgio Del VecchioGiorgio Del VecchioGiorgio Del Vecchio was a prominent Italian legal philosopher of the early 20th century. Among others he influenced the theories of Norberto Bobbio. He is famous for his book Justice....
- Global Justice or Global RevengeGlobal Justice or Global RevengeGlobal Justice or Global Revenge? International Criminal Justice at the Crossroads is a book by Austrian philosopher Hans Köchler, who was appointed by the United Nations as observer of the Lockerbie bombing trial in the Netherlands...
- Gottfried LeibnizGottfried LeibnizGottfried Wilhelm Leibniz was a German philosopher and mathematician. He wrote in different languages, primarily in Latin , French and German ....
- Gray DorseyGray DorseyGray L. Dorsey was an American law professor. He was professor emeritus of international law at Washington University in St. Louis, and had been the Charles Nagel Professor of Jurisprudence in International Law...
- H. L. A. HartH. L. A. HartHerbert Lionel Adolphus Hart was an influential legal philosopher of the 20th century. He was Professor of Jurisprudence at Oxford University and the Principal of Brasenose College, Oxford. He authored The Concept of Law....
- Habeas corpusHabeas corpusis a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
- Hans Kelsen
- Hans KöchlerHans KöchlerHans Köchler is a professor of philosophy at the University of Innsbruck, Austria, and president of the International Progress Organization, a non-governmental organization in consultative status with the United Nations...
- Hart–Dworkin debate
- Hart–Fuller debate
- Herman OliphantHerman OliphantHerman Oliphant was a professor of law. He started at the University of Chicago, going to Columbia University in 1922. Shortly after arriving there, he wrote to the university's president, Nicholas Murray Butler, outlining some plans he had for reorganizing the curriculum of the law school...
- Homo sacerHomo sacerHomo sacer is a figure of Roman law: a person who is banned, may be killed by anybody, but may not be sacrificed in a religious ritual....
- Hozumi NobushigeHozumi NobushigeBaron was a Japanese statesman and legal expert in Meiji period.Hozumi was born in Uwajima Domain, Iyo Province as the second son to a family of kokugaku scholars. He graduated from the Kaisei Gakko, , and studied overseas from 1876-1881...
- Hugo GrotiusHugo GrotiusHugo Grotius , also known as Huig de Groot, Hugo Grocio or Hugo de Groot, was a jurist in the Dutch Republic. With Francisco de Vitoria and Alberico Gentili he laid the foundations for international law, based on natural law...
- Immanuel KantImmanuel KantImmanuel Kant was a German philosopher from Königsberg , researching, lecturing and writing on philosophy and anthropology at the end of the 18th Century Enlightenment....
- ImperiumImperiumImperium is a Latin word which, in a broad sense, translates roughly as 'power to command'. In ancient Rome, different kinds of power or authority were distinguished by different terms. Imperium, referred to the sovereignty of the state over the individual...
- Indeterminacy debate in legal theoryIndeterminacy debate in legal theoryThe indeterminacy debate in legal theory can be summed up as follows: Can the law constrain the results reached by adjudicators in legal disputes? Some members of the critical legal studies movement — primarily legal academics in the United States — argued that the answer to this question is "no."...
- International Association for Philosophy of Law and Social PhilosophyInternational Association for Philosophy of Law and Social PhilosophyInternational Association for Philosophy of Law and Social Philosophy , known as IVR from its initials in German, is a learned society.It holds an international conference every two years...
- International legal theory
- Interpretivism (legal)
- InterregnumInterregnumAn interregnum is a period of discontinuity or "gap" in a government, organization, or social order...
- Jean-Étienne-Marie PortalisJean-Étienne-Marie PortalisJean-Étienne-Marie Portalis was a French jurist and politician in time of the French Revolution and the First Empire...
- Jeremy BenthamJeremy BenthamJeremy Bentham was an English jurist, philosopher, and legal and social reformer. He became a leading theorist in Anglo-American philosophy of law, and a political radical whose ideas influenced the development of welfarism...
- John Austin (legal philosopher)John Austin (legal philosopher)John Austin was a noted British jurist and published extensively concerning the philosophy of law and jurisprudence....
- John FinnisJohn FinnisJohn Finnis , is an Australian legal scholar and philosopher, specializing in the philosophy of law. He is Professor of Law at University College, Oxford and at the University of Notre Dame, teaching jurisprudence, political theory, and constitutional law...
- John LockeJohn LockeJohn Locke FRS , widely known as the Father of Liberalism, was an English philosopher and physician regarded as one of the most influential of Enlightenment thinkers. Considered one of the first of the British empiricists, following the tradition of Francis Bacon, he is equally important to social...
- John Macdonell (jurist)John Macdonell (jurist)Sir John Macdonell K.C.B. was a British jurist. He was King's Remembrancer and a Knight Commander in the Order of the Bath.-External links:...
- John RawlsJohn RawlsJohn Bordley Rawls was an American philosopher and a leading figure in moral and political philosophy. He held the James Bryant Conant University Professorship at Harvard University....
- Joseph H. H. WeilerJoseph H. H. WeilerJoseph Halevi Horowitz Weiler is Joseph Straus Professor of Law and European Union Jean Monnet Chair at New York University Law School. He holds a diploma from the Hague Academy of International Law, Weiler is the author of works relating to the sui generis character of the European Union...
- Joseph RazJoseph RazJoseph Raz is a legal, moral and political philosopher. He is one of the most prominent advocates of legal positivism. He has spent most of his career as professor of philosophy of law and a fellow of Balliol College, Oxford, and simultaneously as professor of law at Columbia University Law...
- Juan de MarianaJuan de MarianaJuan de Mariana, also known as Father Mariana , was a Spanish Jesuit priest, Scholastic, historian, and member of the Monarchomachs....
- Judicial philosophyJudicial philosophyJudicial philosophy is the set of ideas and beliefs which dictate how Justices and judges of the United States federal courts may rule in many cases....
- Julius BinderJulius BinderJulius Binder was a German philosopher of law.- Literary works :* * Rechtsbegriff und Rechtsidee, 1915* Philosophie der Rechts, 1925* Grundlegung zur Rechtsphilosophie, 1935...
- JurisprudenceJurisprudenceJurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
- JusticeJusticeJustice is a concept of moral rightness based on ethics, rationality, law, natural law, religion, or equity, along with the punishment of the breach of said ethics; justice is the act of being just and/or fair.-Concept of justice:...
- JustitiumJustitiumJustitium is a concept of Roman law, equivalent to the declaration of the state of emergency. It was usually declared following a sovereign's death, during the troubled period of interregnum, but also in case of invasions...
- Labor theory of propertyLabor theory of propertyThe labor theory of property or labor theory of appropriation or labor theory of ownership is a natural law theory that holds that property originally comes about by the exertion of labor upon natural resources...
- Law and economicsLaw and economicsThe economic analysis of law is an analysis of law applying methods of economics. Economic concepts are used to explain the effects of laws, to assess which legal rules are economically efficient, and to predict which legal rules will be promulgated.-Relationship to other disciplines and...
- Law and GospelLaw and GospelIn Christianity the relationship between God's Law and the Gospel is a major topic in Lutheran and Reformed theology. In these traditions, the distinction between the doctrines of Law, which demands obedience to God's ethical will, and Gospel, which promises the forgiveness of sins in light of the...
- Law and literatureLaw and literatureThe law and literature movement focuses on the interdisciplinary connection between law and literature. This field has roots in two major developments in the intellectual history of law -- first, the growing doubt about whether law in isolation is a source of value and meaning, or whether it must...
- Law as integrityLaw as integrityIn philosophy of law, law as integrity is a theory of law put forward by the legal philosopher Ronald Dworkin.- External links :*http://law.queensu.ca/facultyAndStaff/facultyDirectory/walters/legalHumanismAndLawAsIntegrityPublishedEd.pdf...
- Law in actionLaw in actionLaw in action is a legal theory, associated with legal realism, that examines the role of law, not just as it exists in the statutes and cases, but as it is actually applied in society. Law in action scholars often start with observations about the behavior of institutions and work "backwards"...
- Law of Christ
- Law, Legislation and LibertyLaw, Legislation and LibertyLaw, Legislation and Liberty is the 1973 magnum opus in three volumes by Nobel laureate economist and political philosopher Friedrich Hayek. In it, Hayek further develops the philosophical principles he discussed earlier in The Road to Serfdom, The Constitution of Liberty, and other writings...
- Laws (dialogue)Laws (dialogue)The Laws is Plato's last and longest dialogue. The question asked at the beginning is not "What is law?" as one would expect. That is the question of the Minos...
- Laws without ethical contentLaws without ethical contentA law without ethical content is one that does not proscribe or mandate an act because of the act's moral or ethical value, but for some other reason...
- Learned HandLearned HandBillings Learned Hand was a United States judge and judicial philosopher. He served on the United States District Court for the Southern District of New York and later the United States Court of Appeals for the Second Circuit...
- Legal Education and the Reproduction of HierarchyLegal Education and the Reproduction of HierarchyLegal Education and the Reproduction of Hierarchy: A Polemic Against the System is an essay by Duncan Kennedy on legal education in the United States of America. The work is a critique of American legal education and argues that legal education reinforces class, race, and gender...
- Legal formalismLegal formalismLegal formalism is a legal positivist view in philosophy of law and jurisprudence. While Jeremy Bentham's can be seen as appertaining to the legislature, legal formalism appertains to the Judge; that is, formalism does not suggest that the substantive justice of a law is irrelevant, but rather,...
- Legal humanistsLegal humanistsThe legal humanists were a group of scholars of Roman law, which arose in 16th century France as a reaction against the Commentators. They had a general disdain for the Middle Ages and felt nothing good could come from then. They also had a great love of antiquarianism and were greatly concerned...
- Legal moralismLegal moralismLegal moralism is the theory of jurisprudence which holds that laws may be used to prohibit or require behavior based on whether or not society's collective moral judgment is that it is immoral or moral...
- Legal naturalismLegal naturalismLegal naturalism is a term coined by Olufemi Taiwo to describe a current in the social philosophy of Karl Marx which can be interpreted as one of Natural Law. Taiwo considered it the manifestation of Natural Law in a dialectical materialist context.-Books:...
- Legal origins theoryLegal origins theoryIn economics, the legal origins theory states that many aspects of a country's economic state of development are the result of their legal system, most of all where a particular country received its law from...
- Legal pluralismLegal pluralismLegal pluralism is the existence of multiple legal systems within one geographic area. Plural legal systems are particularly prevalent in former colonies, where the law of a former colonial authority may exist alongside more traditional legal systems...
- Legal positivismLegal positivismLegal positivism is a school of thought of philosophy of law and jurisprudence, largely developed by nineteenth-century legal thinkers such as Jeremy Bentham and John Austin. However, the most prominent figure in the history of legal positivism is H.L.A...
- Legal process (jurisprudence)
- Legal realismLegal realismLegal realism is a school of legal philosophy that is generally associated with the culmination of the early-twentieth century attack on the orthodox claims of late-nineteenth-century classical legal thought in the United States...
- Legal scienceLegal scienceLegal Science is one of the social sciences which deals with the institutions and principles that particular societies have developed:Legal science is one of the main components in the civil law tradition .Legal science is primarily the creation of German legal scholars of the middle and late...
- Legalism (Chinese philosophy)Legalism (Chinese philosophy)In Chinese history, Legalism was one of the main philosophic currents during the Warring States Period, although the term itself was invented in the Han Dynasty and thus does not refer to an organized 'school' of thought....
- Legalism (theology)Legalism (theology)Legalism, in Christian theology, is a sometimes-pejorative term referring to an over-emphasis on discipline of conduct, or legal ideas, usually implying an allegation of misguided rigour, pride, superficiality, the neglect of mercy, and ignorance of the grace of God or emphasizing the letter of...
- Legalism (Western philosophy)Legalism (Western philosophy)Legalism, in the Western sense, is an approach to the analysis of legal questions characterized by abstract logical reasoning focusing on the applicable legal text, such as a constitution, legislation, or case law, rather than on the social, economic, or political context...
- Leon PetrazyckiLeon PetrazyckiLeon Petrazycki was a Polish philosopher, legal scholar and sociologist. He is considered one of the important forerunners of the sociology of law.- Life :Leon Petrażycki was born into the Polish gentry of the Vitebsk region in the Russian Empire...
- Letter and spirit of the lawLetter and spirit of the lawThe letter of the law versus the spirit of the law is an idiomatic antithesis. When one obeys the letter of the law but not the spirit, one is obeying the literal interpretation of the words of the law, but not the intent of those who wrote the law...
- Libertarian theories of lawLibertarian theories of lawLibertarian theories of law build upon classical liberal and individualist anarchist doctrines.The defining characteristics of libertarian legal theory are its insistence that the amount of government intervention should be kept to a minimum and the primary functions of law should be enforcement of...
- Lon L. FullerLon L. Fuller-Selected secondary bibliography:* Robert S Summers .* W. J. Witteveen and Wibren van der Burg .-External links:* from Harvard University Library*...
- Lorenzo PeñaLorenzo PeñaLorenzo Peña is a Spanish philosopher, lawyer, logician and political thinker. His rationalism is a neo-Leibnizian approach both in metaphysics and law.-Life:Lorenzo Peña was born in Alicante, Spain, on August 29, 1944...
- Manuel de Lardizábal y UribeManuel de Lardizábal y UribeManuel Miguel de Lardizábal y Uribe was a Mexican penologist who was an academician of the Real Academia Española de la Lengua from 1775 to 1820...
- Mark WrathallMark WrathallMark Wrathall is professor of Philosophy at the University of California, Riverside. His main interests include phenomenology, existentialism, the philosophy of popular culture, and the philosophy of law. He is considered a leading interpreter of the philosophy of Martin Heidegger...
- MetaconstitutionMetaconstitutionA metaconstitution is a set of pre-constitutional rules. It is in lieu of a formalized constitution and consists of accepted axiomatic policy. The constitution is similar to or developed from this. A metaconstitution is also less binding, and can be used to a less rigid form of government...
- MonarchomachsMonarchomachsThe Monarchomachs were originally French Huguenot theorists who opposed absolute monarchy at the end of the 16th century, known in particular for having theoretically justified tyrannicide...
- Monism and dualism in international lawMonism and dualism in international lawThe terms monism and dualism are used to describe two different theories of the relationship between international law and national law.- Monism :Monists assume that the internal and international legal systems form a unity. Both national legal rules and international rules that a state has...
- Monopoly on violenceMonopoly on violenceThe monopoly on violence is the conception of the state expounded by Max Weber in Politics as a Vocation. According to Weber, the state is that entity which claims a monopoly on the legitimate use of violence, which it may therefore elect to delegate as it sees fit...
- Muhammad HamidullahMuhammad HamidullahMuhammad Hamidullah or Muhammad Hameedullah, D. Phil., D. Litt., HI., was a Hyderabadi from Hyderabad State , Muhaddith, Faqih, scholar of Islam and International Law, and foremost a prolific academic author Muhammad Hamidullah or Muhammad Hameedullah, D. Phil., D. Litt., HI., (Urdu: محمد...
- Mutual libertyMutual libertyMutual liberty is an idea first coined by Alexis de Tocqueville in his 1835 work Democracy in America. In effect, Tocqueville was referring to the general nature of American society during the 19th century. It appeared to him, at least on the surface, that every citizen in the United States had the...
- Natural-law argumentNatural-law argumentNatural-law argument for the existence of God was especially popular in the eighteenth century as a result of the influence of Sir Isaac Newton. Observers concluded that things are the way they are because God intended them to be that way, though He operated outside of the natural law, Himself, as...
- Natural justiceNatural justiceNatural justice is a term of art that denotes specific procedural rights in the English legal system and the systems of other nations based on it. Whilst the term natural justice is often retained as a general concept, it has largely been replaced and extended by the more general "duty to act fairly"...
- Natural lawNatural lawNatural law, or the law of nature , is any system of law which is purportedly determined by nature, and thus universal. Classically, natural law refers to the use of reason to analyze human nature and deduce binding rules of moral behavior. Natural law is contrasted with the positive law Natural...
- Natural order (philosophy)
- NaturalizationNaturalizationNaturalization is the acquisition of citizenship and nationality by somebody who was not a citizen of that country at the time of birth....
- New CovenantNew CovenantThe New Covenant is a concept originally derived from the Hebrew Bible. The term "New Covenant" is used in the Bible to refer to an epochal relationship of restoration and peace following a period of trial and judgment...
- New legal realismNew legal realismNew Legal Realism [NLR] is an emerging school of thought in U.S. legal philosophy.Although it draws on the older Legal Realism from the first half of the twentieth century, New Legal Realism differs in important ways. Notably, it moves beyond the older field’s emphasis on judges, courts, and...
- Nicolas BarnaudNicolas BarnaudNicolas Barnaud was a French Protestant writer, physician and alchemist, from Crest, in Dauphiné, from which he took the name Delphinas . He was a member of the Monarchomaques.He is associated with a number of mysteries...
- Norm (philosophy)Norm (philosophy)Norms are concepts of practical import, oriented to effecting an action, rather than conceptual abstractions that describe, explain, and express. Normative sentences imply “ought-to” types of statements and assertions, in distinction to sentences that provide “is” types of statements and assertions...
- Oliver Wendell Holmes, Jr.Oliver Wendell Holmes, Jr.Oliver Wendell Holmes, Jr. was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1902 to 1932...
- Organic lawOrganic lawAn organic or fundamental law is a law or system of laws which forms the foundation of a government, corporation or other organization's body of rules. A constitution is a particular form of organic law for a sovereign state....
- Organic statuteOrganic statuteOrganic statute is a calque from the French "Règlement Organique"; literally "regulations for an organ", with "organ" meaning an organization or governmental body...
- Original intentOriginal intentOriginal intent is a theory in law concerning constitutional and statutory interpretation. It is frequently—and usually spuriously—used as a synonym for originalism generally; while original intent is indeed one theory in the originalist family, it has some extremely salient differences which has...
- Original meaningOriginal meaningIn the context of United States constitutional interpretation, original meaning is the dominant form of the legal theory of originalism today...
- PandectistsPandectistsPandectists were German university legal scholars in the early 19th century who studied and taught Roman law as a model of what they called Konstruktionsjurisprudenz as codified in the Pandects of Justinian ....
- PaternalismPaternalismPaternalism refers to attitudes or states of affairs that exemplify a traditional relationship between father and child. Two conditions of paternalism are usually identified: interference with liberty and a beneficent intention towards those whose liberty is interfered with...
- Paul Johann Anselm Ritter von FeuerbachPaul Johann Anselm Ritter von FeuerbachPaul Johann Anselm Ritter von Feuerbach was a German legal scholar. His major work was a reform of the Bavarian penal code which became a model for several other countries.-Biography:...
- Pauline privilegePauline privilegeThe Pauline Privilege is a Christian concept drawn from the apostle Paul's instructions in theFirst Epistle to the Corinthians.-Origin:In Paul's epistle it states:...
- Peter GabelPeter GabelPeter Gabel, Ph.D., is an American law academic and associate editor of Tikkun, a bi-monthly Jewish critique of politics, culture, and society and has written a number of articles for the magazine on subjects ranging from the original intent of the framers of the Constitution to the...
- Petrus CunaeusPetrus CunaeusPetrus Cunaeus was the pen name of the Dutch Christianscholar Peter van der Kun. His book The Hebrew Republic is considered "the most powerful statement of republican theory in the early years of the Dutch Republic." -Biography:Cunaeus enrolled at the University of Leyden at the age of fourteen,...
- Philippe de MornayPhilippe de MornayPhilippe de Mornay , seigneur du Plessis Marly, usually known as Du-Plessis-Mornay or Mornay Du Plessis, was a French Protestant writer and member of the Monarchomaques .- Biography :...
- Philosophy of copyrightPhilosophy of copyrightThe philosophy of copyright might be said to include several philosophical issues which are fundamentally linked to copyright policy, and other jurisprudential problems that arise in legal systems' interpretation and application of copyright law....
- PlatoPlatoPlato , was a Classical Greek philosopher, mathematician, student of Socrates, writer of philosophical dialogues, and founder of the Academy in Athens, the first institution of higher learning in the Western world. Along with his mentor, Socrates, and his student, Aristotle, Plato helped to lay the...
- Political jurisprudencePolitical jurisprudencePolitical jurisprudence is a legal theory that some judicial decisions are motivated more by politics than by unbiased judgment. According to Professor Martin Shapiro of University of California, Berkeley, who first noted the theory in 1964: "The core of political jurisprudence is a vision of...
- Political naturalismPolitical naturalismPolitical naturalism is a minor political ideology and legal system which believes that there is a natural law, just and obvious to all, that crosses ideologies, faiths and personal thinking, that naturally guaranties justice...
- Political sociologyPolitical sociologyContemporary political sociology involves much more than the study of the relations between state and society . Where a typical research question in political sociology might have been: "Why do so few American citizens choose to vote?" or even, "What difference does it make if women get elected?" ...
- Polycentric lawPolycentric lawPolycentric law is a legal structure in which providers of legal systems compete or overlap in a given jurisdiction, as opposed to monopolistic statutory law according to which there is a sole provider of law for each jurisdiction. Devolution of this monopoly occurs by the principle of...
- Positive lawPositive lawPositive law is the term generally used to describe man-made laws which bestow specific privileges upon, or remove them from, an individual or group...
- PositivismPositivismPositivism is a a view of scientific methods and a philosophical approach, theory, or system based on the view that, in the social as well as natural sciences, sensory experiences and their logical and mathematical treatment are together the exclusive source of all worthwhile information....
- PostglossatorPostglossatorThe postglossators or commentators formed a European legal school which arose in France in the fourteenth century. They form the highest point of development of medieval Roman law....
- Prediction theory of lawPrediction theory of lawThe prediction theory of law was a key component of the Oliver Wendell Holmes' jurisprudential philosophy. At its most basic, the theory is a refutation of most previous definitions of the law. Holmes believed that the law should be defined as a prediction, most specifically, a prediction of how...
- Principles of Islamic jurisprudencePrinciples of Islamic JurisprudencePrinciples of Islamic jurisprudence is a subject that provides a critical analysis of the sources and principles that Islamic jurisprudence is built upon....
- ProhibitionismProhibitionismProhibitionism is a legal philosophy and political theory often used in lobbying which holds that citizens will abstain from actions if the actions are typed as unlawful and the prohibitions are enforced by law enforcement...
- Public policy doctrine (conflict of laws)
- Purposive theoryPurposive theoryPurposive theory is a theory of statutory interpretation that holds that common law courts should interpret legislation in light of the purpose behind the legislation. Purposive theory stands in contrast to textualism or statutory derogation, two other prominent common law interpretation...
- R. Kent GreenawaltR. Kent GreenawaltR. Kent Greenawalt is a University Professor at Columbia Law School. His primary interests involve constitutional law, especially First Amendment jurisprudence, and legal philosophy....
- Radomir LukićRadomir LukicRadomir Lukić was a prolific Serbian jurist, a scholar of philosophy and sociology of law. He was born in Miloševac near Velika Plana, Serbia....
- RechtsstaatRechtsstaatRechtsstaat is a concept in continental European legal thinking, originally borrowed from German jurisprudence, which can be translated as "legal state", "state of law", "state of justice", or "state of rights"...
- Restorative justiceRestorative justiceRestorative justice is an approach to justice that focuses on the needs of victims, offenders, as well as the involved community, instead of satisfying abstract legal principles or punishing the offender...
- Retributive justiceRetributive justiceRetributive justice is a theory of justice that considers that punishment, if proportionate, is a morally acceptable response to crime, with an eye to the satisfaction and psychological benefits it can bestow to the aggrieved party, its intimates and society....
- Richard PosnerRichard PosnerRichard Allen Posner is an American jurist, legal theorist, and economist who is currently a judge on the United States Court of Appeals for the Seventh Circuit in Chicago and a Senior Lecturer at the University of Chicago Law School...
- Robert AlexyRobert AlexyRobert Alexy is a jurist and a legal philosopher.Alexy studied law and philosophy at the University of Göttingen...
- Robert P. GeorgeRobert P. GeorgeRobert P. George is McCormick Professor of Jurisprudence at Princeton University, where he lectures on constitutional interpretation, civil liberties and philosophy of law. He also serves as the director of the James Madison Program in American Ideals and Institutions...
- Roberto Mangabeira UngerRoberto Mangabeira UngerRoberto Mangabeira Unger is a philosopher and politician. He has written widely on social, political, legal, and economic theory, much of which has laid the philosophical and theoretical groundwork for reimagining and remaking the social and political order...
- Ronald DworkinRonald DworkinRonald Myles Dworkin, QC, FBA is an American philosopher and scholar of constitutional law. He is Frank Henry Sommer Professor of Law and Philosophy at New York University and Emeritus Professor of Jurisprudence at University College London, and has taught previously at Yale Law School and the...
- Rule by decreeRule by decreeRule by decree is a style of governance allowing quick, unchallenged creation of law by a single person or group, and is used primarily by dictators and absolute monarchs, although philosophers such as Giorgio Agamben have argued that it has been generalized since World War I in all modern states,...
- Rule of FaithRule of FaithThe rule of faith or analogy of faith is a phrase rooted in the Apostle Paul's admonition to the Christians in Rome in the Epistle to the Romans 12:6, which says, "We have different gifts, according to the grace given us. If a man's gift is prophesying, let him use it in proportion to his faith."...
- Rule of lawRule of lawThe rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
- Scepticism in lawScepticism in lawScepticism in law has arisen in late nineteenth century, not merely as a protest against idea of natural law, but also as a reaction against formalism of legal positivists. Legal Scepticism, is also commonly known as Legal Realism. This is an inept label in the context of philosophy because the...
- Soft lawSoft lawThe term "soft law" refers to quasi-legal instruments which do not have any legally binding force, or whose binding force is somewhat "weaker" than the binding force of traditionallaw, often contrasted with soft law by being referred to as "hard law"...
- Soft tyrannySoft tyrannySoft tyranny is an idea first coined by Alexis de Tocqueville in his 1835 work entitled Democracy in America. In effect, soft tyranny occurs whenever the social conditions of a particular community hinder any prospect of hope among its members. For Tocqueville, hope is the driving force behind all...
- SovereigntySovereigntySovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
- State of emergencyState of emergencyA state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
- State of exceptionState of exceptionState of Exception may mean:* State of exception* State of Exception , a book written by Giorgio Agamben...
- Stephen GuestStephen GuestStephen Guest, Barrister and Barrister and Solicitor , is the Professor of Legal Philosophy at the University College London Faculty of Laws.-Education:...
- Strict constructionismStrict constructionismIn the United States, Strict constructionism refers to a particular legal philosophy of judicial interpretation that limits or restricts judicial interpretation. The phrase is also commonly used more loosely as a generic term for conservatism among the judiciary.- Strict sense of the term :Strict...
- SupersessionismSupersessionismSupersessionism is a term for the dominant Christian view of the Old Covenant, also called fulfillment theology and replacement theology, though the latter term is disputed...
- TextualismTextualismTextualism is a formalist theory of statutory interpretation, holding that a statute's ordinary meaning should govern its interpretation, as opposed to inquiries into non-textual sources such as the intention of the legislature in passing the law, the problem it was intended to remedy, or...
- The Case of the Speluncean ExplorersThe Case of the Speluncean ExplorersThe Case of the Speluncean Explorers is a famous hypothetical legal case used in the study of law, which was written by Lon Fuller in 1949 for the Harvard Law Review....
- The Concept of LawThe Concept of LawThe Concept of Law is the most famous work of the legal philosopher H. L. A. Hart. It was first published in 1961 and develops Hart's theory of legal positivism within the framework of analytic philosophy...
- The Golden Rule
- Theodor SternbergTheodor SternbergTheodor Hermann Sternberg was a German legal philosopher serving as a foreign advisor in Meiji period Japan, where he was an important contributor to the development of civil law in Japan.-Biography:...
- Theodore BezaTheodore BezaTheodore Beza was a French Protestant Christian theologian and scholar who played an important role in the Reformation...
- Therapeutic jurisprudenceTherapeutic jurisprudenceTherapeutic jurisprudence is a term first used by Professor David Wexler, and University of Puerto Rico School of Law, in a paper delivered to the National Institute of Mental Health in 1987...
- Thomas HobbesThomas HobbesThomas Hobbes of Malmesbury , in some older texts Thomas Hobbs of Malmsbury, was an English philosopher, best known today for his work on political philosophy...
- Tony HonoréTony HonoréAnthony Maurice Honoré is a British lawyer and jurist, known for his work on ownership, causation and Roman law.Honoré was born in London but was brought up in South Africa. He served in the army during the Second World War and was severely wounded in the Battle of Alamein...
- TortureTortureTorture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
- Transitional justiceTransitional justiceTransitional justice generally refers to a range of approaches that states may use to address past human rights violations and includes both judicial and non-judicial approaches. They include series of actions or policies and their resulting institutions, which may be enacted at a point of...
- Translating "law" to other European languages
- Underdeterminacy (law)
- Unitary executive theoryUnitary executive theoryThe unitary executive theory is a theory of American constitutional law holding that the President controls the entire executive branch. The doctrine is based upon Article Two of the United States Constitution, which vests "the executive power" of the United States in the President.Although that...
- Virtue jurisprudenceVirtue jurisprudenceIn the philosophy of law, virtue jurisprudence is the name given to theories of law related to virtue ethics. By making the aretaic turn in legal theory, virtue jurisprudence focuses on the importance of character and human excellence or virtue to questions about the nature of law, the content of...
- Wesley Alba SturgesWesley Alba SturgesWesley Alba Sturges was a professor of law at the Yale Law School from 1924 to 1961, and served as dean of the law school from 1945 to 1954. He received his LL.B. from Yale in 1923. He retired from Yale in 1961 to become dean of the University of Miami Law School. He was a prominent figure in...
- Wesley Newcomb HohfeldWesley Newcomb HohfeldWesley Newcomb Hohfeld was an American jurist. He was the author of the seminal Fundamental Legal Conceptions as Applied in Judicial Reasoning and Other Legal Essays .During his life he published only a handful of law journal articles...
- Wild lawWild lawThe term ‘wild law’ was first coined by Cormac Cullinan, to refer to human laws that are consistent with Earth jurisprudence. A wild law is a law made by people to regulate human behaviour that privileges maintaining the integrity and functioning of the whole Earth community in the long term, over...
- Zechariah ChafeeZechariah ChafeeZechariah Chafee, Jr. was an American judicial philosopher and civil libertarian. An advocate for free speech, he was described by Senator Joseph McCarthy as "dangerous" to the United States...