146 relations: A Theory of Justice, A Treatise of Human Nature, Analytical jurisprudence, Ancient Rome, Applications of artificial intelligence to legal informatics, Atheism, Axel Hägerström, Basic norm, Belmont, California, Benjamin N. Cardozo, Brocard (law), Byzantine Empire, C.H. Beck, California, Carolina Academic Press, Catholic Church, Cautelary jurisprudence, Civil law (legal system), Comparative law, Constitution, Constitutional economics, Constitutional law, Constitutionalism, Corpus Juris Civilis, Critical legal studies, Critical race theory, Critical rationalism, David Hume, Defeasible reasoning, Democracy, Dharmaśāstra, Divine law, Doctor of the Church, English Civil War, Eric Heinze, Eudemian Ethics, Eugen Ehrlich, Feminist legal theory, Fiqh, Francisco de Vitoria, Francisco Suárez, Friedrich Carl von Savigny, Genitive case, Golden mean (philosophy), H. L. A. Hart, HarperCollins, Harvard University, Harvard University Press, Hendrik van Eikema Hommes, Hermann Kantorowicz, ..., Immanuel Kant, International law, International legal theories, Ius, Ius naturale, John Austin (legal philosopher), John Finnis, Joseph Raz, Judicial activism, Julius Stone, Jurist, Jus gentium, Justice, Justice as Fairness: A Restatement, Justinian I, Karl Llewellyn, Karl Popper, Latin, Law, Law and economics, Law and literature, Law's Empire, Legal formalism, Legal history, Legal pluralism, Legal positivism, Legal realism, Legalism (Chinese philosophy), Leviathan (Hobbes book), Lex ferenda, Lex iniusta non est lex, Lex lata, Libertarian theories of law, List of institutions named after Thomas Aquinas, List of national legal systems, Living Constitution, Louis Pojman, Man-made law, Mos maiorum, Natural justice, Natural law, Natural Law and Natural Rights, Natural theology, New legal realism, Nicomachean Ethics, Oral law, Originalism, Oxford English Dictionary, Oxford University Press, Peter Suber, Philosophy of law, Plato, Political jurisprudence, Political Liberalism, Political philosophy, Postmodern law, Precept, Professor, Publius Juventius Celsus, Pure Theory of Law, Reason, Reinhold Zippelius, Republic (Plato), Rhetoric (Aristotle), Roman Empire, Ronald Dworkin, Roscoe Pound, Routledge, Rule according to higher law, Rule of law, Sabinian school, Sanctions (law), Scholasticism, Social contract, Social science, Sociology of law, Socrates, State of nature, Strict constructionism, Summa Theologica, The Concept of Law, The Hague, The Law of Peoples, The Province of Jurisprudence Determined, Therapeutic jurisprudence, Thomas Aquinas, Thomism, United States, University of London, University of Oxford, University Press of America, Utilitarianism, Utilitarianism (book), Virtue ethics, Virtue jurisprudence, World War II. Expand index (96 more) » « Shrink index
A Theory of Justice is a work of political philosophy and ethics by John Rawls, in which the author attempts to solve the problem of distributive justice (the socially just distribution of goods in a society) by utilising a variant of the familiar device of the social contract.
A Treatise of Human Nature (1738–40) is a book by Scottish philosopher David Hume, considered by many to be Hume's most important work and one of the most influential works in the history of philosophy.
Analytical jurisprudence is a legal theory of jurisprudence that draws on the resources of modern analytical philosophy to try to understand the nature of law.
In historiography, ancient Rome is Roman civilization from the founding of the city of Rome in the 8th century BC to the collapse of the Western Roman Empire in the 5th century AD, encompassing the Roman Kingdom, Roman Republic and Roman Empire until the fall of the western empire.
Artificial intelligence and law (AI and law) is a subfield of artificial intelligence (AI) mainly concerned with applications of AI to legal informatics problems and original research on those problems.
Atheism is, in the broadest sense, the absence of belief in the existence of deities.
Axel Anders Theodor Hägerström (6 September 1868, Vireda – 7 July 1939, Uppsala) was a Swedish philosopher.
Basic norm (Grundnorm) is a concept in the Pure Theory of Law created by Hans Kelsen, a jurist and legal philosopher.
Belmont is a city in San Mateo County in the U.S. state of California.
Benjamin Nathan Cardozo (May 24, 1870 – July 9, 1938) was an American lawyer and jurist who served as an Associate Justice of the Supreme Court of the United States.
A brocard is a legal maxim in Latin that is, in a strict sense, derived from traditional legal authorities, even from ancient Rome.
The Byzantine Empire, also referred to as the Eastern Roman Empire and Byzantium, was the continuation of the Roman Empire in its eastern provinces during Late Antiquity and the Middle Ages, when its capital city was Constantinople (modern-day Istanbul, which had been founded as Byzantium).
Verlag C.H.BECK oHG, doing business as Publishers C.H. Beck (Verlag C. H. Beck), is a German publisher with its headquarters in Munich and a branch office in Frankfurt.
California is a state in the Pacific Region of the United States.
Carolina Academic Press (also known as CAP) is an academic publisher of books and software.
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with more than 1.299 billion members worldwide.
Cautelary jurisprudence is law made in a precautionary way prior to or outside of the normal legislative enactment.
Civil law, civilian law, or Roman law is a legal system originating in Europe, intellectualized within the framework of Roman law, the main feature of which is that its core principles are codified into a referable system which serves as the primary source of law.
Comparative law is the study of differences and similarities between the law of different countries.
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed.
Constitutional economics is a research program in economics and constitutionalism that has been described as explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the choices and activities of economic and political agents".
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries such as the United States and Canada, the relationship between the central government and state, provincial, or territorial governments.
Constitutionalism 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".
The Corpus Juris (or Iuris) Civilis ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Eastern Roman Emperor.
Critical legal studies (CLS) is a school of critical theory that first emerged as a movement in the United States during the 1970s.
Critical race theory (CRT) is a theoretical framework in the social sciences that uses critical theory to examine society and culture as they relate to categorizations of race, law, and power.
Critical rationalism is an epistemological philosophy advanced by Karl Popper.
David Hume (born David Home; 7 May 1711 NS (26 April 1711 OS) – 25 August 1776) was a Scottish philosopher, historian, economist, and essayist, who is best known today for his highly influential system of philosophical empiricism, skepticism, and naturalism.
In logic, defeasible reasoning is a kind of reasoning that is rationally compelling, though not deductively valid.
Democracy (δημοκρατία dēmokraa thetía, literally "rule by people"), in modern usage, has three senses all for a system of government where the citizens exercise power by voting.
Dharmaśāstra (धर्मशास्त्र) is a genre of Sanskrit texts, and refers to the treatises (shastras) of Hinduism on dharma.
Divine law is any law that is understood as deriving from a transcendent source, such as the will of God or gods, in contrast to man-made law.
Doctor of the Church (Latin doctor "teacher") is a title given by the Catholic Church to saints whom they recognize as having been of particular importance, particularly regarding their contribution to theology or doctrine.
The English Civil War (1642–1651) was a series of armed conflicts and political machinations between Parliamentarians ("Roundheads") and Royalists ("Cavaliers") over, principally, the manner of England's governance.
Eric Heinze is Professor of Law and Humanities at the School of Law Queen Mary, University of London.
The Eudemian Ethics (Ἠθικὰ Εὐδήμεια; Ethica Eudemia), sometimes abbreviated EE in scholarly works, is a work of philosophy by Aristotle.
Eugen Ehrlich (14 September 1862 – 2 May 1922) was an Austrian legal scholar and sociologist of law.
Feminist legal theory, also known as feminist jurisprudence, is based on the belief that the law has been fundamental in women's historical subordination.
Fiqh (فقه) is Islamic jurisprudence.
Francisco de Vitoria (– 12 August 1546; also known as Francisco de Victoria) was a Roman Catholic philosopher, theologian, and jurist of Renaissance Spain.
Francisco Suárez (5 January 1548 – 25 September 1617) was a Spanish Jesuit priest, philosopher and theologian, one of the leading figures of the School of Salamanca movement, and generally regarded among the greatest scholastics after Thomas Aquinas.
Friedrich Carl von Savigny (21 February 1779 – 25 October 1861) was a German jurist and historian.
In grammar, the genitive (abbreviated); also called the second case, is the grammatical case that marks a word, usually a noun, as modifying another word, also usually a noun.
In ancient Greek philosophy, especially that of Aristotle, the golden mean or golden middle way is the desirable middle between two extremes, one of excess and the other of deficiency.
Herbert Lionel Adolphus Hart, FBA (18 July 1907 – 19 December 1992), usually cited as H. L. A. Hart, was a British legal philosopher, and a major figure in political and legal philosophy.
HarperCollins Publishers L.L.C. is one of the world's largest publishing companies and is one of the Big Five English-language publishing companies, alongside Hachette, Macmillan, Penguin Random House, and Simon & Schuster.
Harvard University is a private Ivy League research university in Cambridge, Massachusetts.
Harvard University Press (HUP) is a publishing house established on January 13, 1913, as a division of Harvard University, and focused on academic publishing.
Hendrik Jan van Eikema Hommes (May 3, 1930, IJlst – September 3, 1984, Bussum) was a noted Dutch legal scholar and successor to Herman Dooyeweerd in the post of philosopher and judicial scholar at Vrije Universiteit, Amsterdam, Netherlands.
Hermann Ulrich Kantorowicz (November 18, 1877, Posen, German Empire – February 12, 1940, Cambridge) was a German jurist.
Immanuel Kant (22 April 1724 – 12 February 1804) was a German philosopher who is a central figure in modern philosophy.
International law is the set of rules generally regarded and accepted as binding in relations between states and between nations.
International legal theory comprises a variety of theoretical and methodological approaches used to explain and analyse the content, formation and effectiveness of public international law and institutions and to suggest improvements.
Ius or Jus (Latin, plural iura) in ancient Rome was a right to which a citizen (civis) was entitled by virtue of his citizenship (civitas).
Ius naturale is Latin for natural right, the laws common to all beings.
John Austin (3 March 1790 – 1 December 1859) was a noted English legal theorist who strongly influenced British and American law with his analytical approach to jurisprudence and his theory of legal positivism.
John Mitchell Finnis (born 28 July 1940) is an Australian legal philosopher, jurist and scholar specializing in jurisprudence and the philosophy of law.
Joseph Raz (יוסף רז; born 21 March 1939) is an Israeli legal, moral and political philosopher.
Judicial activism refers to judicial rulings that are suspected of being based on personal opinion, rather than on existing law.
Julius Stone (7 July 1907 – 1985) was Challis Professor of Jurisprudence and International Law at the University of Sydney from 1942 to 1972, and thereafter a visiting Professor of Law at the University of New South Wales and concurrently Distinguished Professor of Jurisprudence and International Law at the Hastings College of Law, University of California.
A jurist (from medieval Latin) is someone who researches and studies jurisprudence (theory of law).
The ius gentium or jus gentium (Latin for "law of nations") is a concept of international law within the ancient Roman legal system and Western law traditions based on or influenced by it.
Justice is the legal or philosophical theory by which fairness is administered.
Justice as Fairness: A Restatement is a 2001 work of political philosophy by John Rawls, a revision of his 1971 classic A Theory of Justice (1971).
Justinian I (Flavius Petrus Sabbatius Iustinianus Augustus; Flávios Pétros Sabbátios Ioustinianós; 482 14 November 565), traditionally known as Justinian the Great and also Saint Justinian the Great in the Eastern Orthodox Church, was the Eastern Roman emperor from 527 to 565.
Karl Nickerson Llewellyn (May 22, 1893 – February 13, 1962) was a prominent American jurisprudential scholar associated with the school of legal realism.
Sir Karl Raimund Popper (28 July 1902 – 17 September 1994) was an Austrian-British philosopher and professor.
Latin (Latin: lingua latīna) is a classical language belonging to the Italic branch of the Indo-European languages.
Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior.
Law and economics or economic analysis of law is the application of economic theory (specifically microeconomic theory) to the analysis of law that began mostly with scholars from the Chicago school of economics.
The law and literature movement focuses on the interdisciplinary connection between law and literature.
Law's Empire is a 1986 text in legal philosophy by the late Oxford scholar Ronald Dworkin which continues his criticism of the philosophy of legal positivism as promoted by H.L.A. Hart during the middle to late 20th century.
Legal formalism is both a positive or descriptive theory of adjudication and a normative theory of how judges ought to decide cases.
Legal history or the history of law is the study of how law has evolved and why it changed.
Legal pluralism is the existence of multiple legal systems within one (human) population and/or geographic area.
Legal positivism is a school of thought of analytical jurisprudence, largely developed by eighteenth- and nineteenth-century legal thinkers such as Jeremy Bentham and John Austin.
Legal realism is a naturalistic approach to law, and is the view that jurisprudence should emulate the methods of natural science, i.e., rely on empirical evidence.
Fajia or Legalism is one of Sima Tan's six classical schools of thought in Chinese philosophy.
Leviathan or The Matter, Forme and Power of a Common-Wealth Ecclesiasticall and Civil—commonly referred to as Leviathan—is a book written by Thomas Hobbes (1588–1679) and published in 1651 (revised Latin edition 1668). Its name derives from the biblical Leviathan. The work concerns the structure of society and legitimate government, and is regarded as one of the earliest and most influential examples of social contract theory. Leviathan ranks as a classic western work on statecraft comparable to Machiavelli's The Prince. Written during the English Civil War (1642–1651), Leviathan argues for a social contract and rule by an absolute sovereign. Hobbes wrote that civil war and the brute situation of a state of nature ("the war of all against all") could only be avoided by strong, undivided government.
Lex ferenda is a Latin expression that means "future law" used in the sense of "what the law should be" (as opposed to lex lata - "the current law").
Lex iniusta non est lex (English: An unjust law is no law at all), is a standard legal maxim.
Lex lata (also called de lege lata) is a Latin expression that means "the law as it exists" (as opposed to lex ferenda).
Libertarian theories of law build upon classical liberal and individualist doctrines.
Institutions of learning named after Thomas Aquinas include the following.
The contemporary legal systems of the world are generally based on one of four basic systems: civil law, common law, statutory law, religious law or combinations of these.
In United States constitutional interpretation, the living Constitution (or loose constructionism) is the claim that the Constitution has a dynamic meaning or that it has the properties of an animate being in the sense that it changes.
Louis Paul Pojman (April 22, 1935-October 15, 2005) was an American philosopher and professor, whose name is most recognized as the author of over a hundred philosophy texts and anthologies which he himself read at more than sixty universities around the world and which continue to be used widely for educational purposes.
Man-made law is law that is made by humans, usually considered in opposition to concepts like natural law or divine law.
The mos maiorum ("ancestral custom" or "way of the ancestors," plural mores, cf. English "mores"; maiorum is the genitive plural of "greater" or "elder") is the unwritten code from which the ancient Romans derived their social norms.
In English law, natural justice is technical terminology for the rule against bias (nemo iudex in causa sua) and the right to a fair hearing (audi alteram partem).
Natural law (ius naturale, lex naturalis) is a philosophy asserting that certain rights are inherent by virtue of human nature, endowed by nature—traditionally by God or a transcendent source—and that these can be understood universally through human reason.
Natural Law and Natural Rights is a 1980 book by the philosopher John Finnis.
Natural theology, once also termed physico-theology, is a type of theology that provides arguments for the existence of God based on reason and ordinary experience of nature.
New legal realism (NLR) is an emerging school of thought in American legal philosophy.
The Nicomachean Ethics (Ἠθικὰ Νικομάχεια) is the name normally given to Aristotle's best-known work on ethics.
An oral law is a code of conduct in use in a given culture, religion or community application, by which a body of rules of human behaviour is transmitted by oral tradition and effectively respected, or the single rule that is orally transmitted.
In the context of United States constitutional interpretation, originalism is a way to interpret the Constitution's meaning as stable from the time of enactment, which can be changed only by the steps set out in Article Five.
The Oxford English Dictionary (OED) is the main historical dictionary of the English language, published by the Oxford University Press.
Oxford University Press (OUP) is the largest university press in the world, and the second oldest after Cambridge University Press.
Peter Dain Suber (born November 8, 1951) is a philosopher specializing in the philosophy of law and open access to knowledge.
Philosophy of law is a branch of philosophy and jurisprudence that seeks to answer basic questions about law and legal systems, such as "What is law?", "What are the criteria for legal validity?", "What is the relationship between law and morality?", and many other similar questions.
Plato (Πλάτων Plátōn, in Classical Attic; 428/427 or 424/423 – 348/347 BC) was a philosopher in Classical Greece and the founder of the Academy in Athens, the first institution of higher learning in the Western world.
Political jurisprudence is a legal theory that some judicial decisions are motivated more by politics than by unbiased judgment.
Political Liberalism is a 1993 book by John Rawls,John Rawls (1993). Political Liberalism.
Political philosophy, or political theory, is the study of topics such as politics, liberty, justice, property, rights, law, and the enforcement of laws by authority: what they are, why (or even if) they are needed, what, if anything, makes a government legitimate, what rights and freedoms it should protect and why, what form it should take and why, what the law is, and what duties citizens owe to a legitimate government, if any, and when it may be legitimately overthrown, if ever.
Postmodern law, and postmodern jurisprudence, relates to interpretations of the legal system using postmodern philosophy and the theories of postmodernism.
A precept (from the præcipere, to teach) is a commandment, instruction, or order intended as an authoritative rule of action.
Professor (commonly abbreviated as Prof.) is an academic rank at universities and other post-secondary education and research institutions in most countries.
Publius Juventius Celsus Titus Aufidius Hoenius Severianus (AD 67– AD 130) — the son of a little-known jurist of the same name, hence also Celsus filius — was, together with Julian, the most influential ancient Roman jurist of the High Classical era.
Pure Theory of Law (Reine Rechtslehre) is a book by legal theorist Hans Kelsen, first published in 1934 and in a greatly expanded "second edition" (effectively a new book) in 1960.
Reason is the capacity for consciously making sense of things, establishing and verifying facts, applying logic, and changing or justifying practices, institutions, and beliefs based on new or existing information.
Reinhold Zippelius (born 19 May 1928) is a German jurist and law scholar.
The Republic (Πολιτεία, Politeia; Latin: Res Publica) is a Socratic dialogue, written by Plato around 380 BC, concerning justice (δικαιοσύνη), the order and character of the just, city-state, and the just man.
Aristotle's Rhetoric (Rhētorikḗ; Ars Rhetorica) is an ancient Greek treatise on the art of persuasion, dating from the 4th century BC.
The Roman Empire (Imperium Rōmānum,; Koine and Medieval Greek: Βασιλεία τῶν Ῥωμαίων, tr.) was the post-Roman Republic period of the ancient Roman civilization, characterized by government headed by emperors and large territorial holdings around the Mediterranean Sea in Europe, Africa and Asia.
Ronald Myles Dworkin, FBA (December 11, 1931 – February 14, 2013) was an American philosopher, jurist, and scholar of United States constitutional law.
Nathan Roscoe Pound (October 27, 1870 – June 30, 1964) was a distinguished American legal scholar and educator.
Routledge is a British multinational publisher.
The rule according to a higher law means that no law may be enforced by the government unless it conforms with certain universal principles (written or unwritten) of fairness, morality, and justice.
The rule of law is the "authority and influence of law in society, especially when viewed as a constraint on individual and institutional behavior; (hence) the principle whereby all members of a society (including those in government) are considered equally subject to publicly disclosed legal codes and processes".
The Sabinian school was one of the two important schools of Law in Rome during the 1st and 2nd centuries CE.
Sanctions, in law and legal definition, are penalties or other means of enforcement used to provide incentives for obedience with the law, or with rules and regulations.
Scholasticism is a method of critical thought which dominated teaching by the academics ("scholastics", or "schoolmen") of medieval universities in Europe from about 1100 to 1700, and a program of employing that method in articulating and defending dogma in an increasingly pluralistic context.
In both moral and political philosophy, the social contract is a theory or model that originated during the Age of Enlightenment.
Social science is a major category of academic disciplines, concerned with society and the relationships among individuals within a society.
The sociology of law (or legal sociology) is often described as a sub-discipline of sociology or an interdisciplinary approach within legal studies.
Socrates (Sōkrátēs,; – 399 BC) was a classical Greek (Athenian) philosopher credited as one of the founders of Western philosophy, and as being the first moral philosopher, of the Western ethical tradition of thought.
The state of nature is a concept used in moral and political philosophy, religion, social contract theories and international law to denote the hypothetical conditions of what the lives of people might have been like before societies came into existence.
In the United States, strict constructionism refers to a particular legal philosophy of judicial interpretation that limits or restricts judicial interpretation.
The Summa Theologiae (written 1265–1274 and also known as the Summa Theologica or simply the Summa) is the best-known work of Thomas Aquinas (c. 1225–1274).
The Concept of Law is the most famous work of the legal philosopher H. L. A. Hart.
The Hague (Den Haag,, short for 's-Gravenhage) is a city on the western coast of the Netherlands and the capital of the province of South Holland.
The Law of Peoples is American philosopher John Rawls' work on international relations.
The Province of Jurisprudence Determined is a book written by John Austin, first published in 1832, in which he sets out his theory of law generally known as the 'command theory'.
Therapeutic jurisprudence ("TJ") studies law as a social force (or agent) which inevitably gives rise to unintended consequences, which may be either beneficial (therapeutic) or harmful (anti-therapeutic).
Saint Thomas Aquinas (1225 – 7 March 1274) was an Italian Dominican friar, Catholic priest, and Doctor of the Church.
Thomism is the philosophical school that arose as a legacy of the work and thought of Thomas Aquinas (1225–1274), philosopher, theologian, and Doctor of the Church.
The United States of America (USA), commonly known as the United States (U.S.) or America, is a federal republic composed of 50 states, a federal district, five major self-governing territories, and various possessions.
The University of London (abbreviated as Lond. or more rarely Londin. in post-nominals) is a collegiate and a federal research university located in London, England.
The University of Oxford (formally The Chancellor Masters and Scholars of the University of Oxford) is a collegiate research university located in Oxford, England.
University Press of America is an academic publisher based in the United States.
Utilitarianism is an ethical theory that states that the best action is the one that maximizes utility.
John Stuart Mill's book Utilitarianism is a classic exposition and defence of utilitarianism in ethics.
Virtue ethics (or aretaic ethics, from Greek ἀρετή (arete)) are normative ethical theories which emphasize virtues of mind and character.
In the philosophy of law, virtue jurisprudence is the set of theories of law related to virtue ethics.
World War II (often abbreviated to WWII or WW2), also known as the Second World War, was a global war that lasted from 1939 to 1945, although conflicts reflecting the ideological clash between what would become the Allied and Axis blocs began earlier.
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