JurisprudenceJurisprudence is the philosophy and theory of law. It is concerned primarily with what the law is and what it ought to be. That includes questions of how persons and social relations are understood in legal terms, and of the values in and of law. Work that is counted as jurisprudence is mostly philosophical, but it includes work that also belongs to other disciplines, such as sociology, history, politics and economics. Modern jurisprudence began in the 18th century and was based on the first principles of natural law, civil law, and the law of nations.
LawLaw is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions.
Legal positivismLegal positivism (as understood in the Anglosphere) is a school of thought of analytical jurisprudence developed largely by legal philosophers during the 18th and 19th centuries, such as Jeremy Bentham and John Austin. While Bentham and Austin developed legal positivist theory, empiricism provided the theoretical basis for such developments to occur. The most prominent legal positivist writer in English has been H. L. A.
Virtue ethicsVirtue ethics (also aretaic ethics, from Greek ἀρετή [aretḗ]) is an approach to ethics that treats virtue as central. Virtue ethics is usually contrasted with two other major approaches in ethics, consequentialism and deontology, which make the goodness of outcomes of an action (consequentialism) and the concept of moral duty (deontology) central. While virtue ethics does not necessarily deny the importance to ethics of goodness of states of affairs or of moral duties, it emphasizes virtue, and sometimes other concepts, like eudaimonia, to an extent that other ethics theories do not.
Rule of lawThe rule of law is a political ideal that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The term rule of law is closely related to constitutionalism as well as Rechtsstaat. It refers to a political situation, not to any specific legal rule. The rule of law is defined in the Encyclopedia Britannica as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power.
ContractA contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more mutually agreeing parties. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. A binding agreement between actors in international law is known as a treaty.
Legal realismLegal realism is a naturalistic approach to law; it is the view that jurisprudence should emulate the methods of natural science, that is, it should rely on empirical evidence. Hypotheses must be tested against observations of the world. Legal realists believe that legal science should only investigate law with the value-free methods of natural sciences, rather than through philosophical inquiries into the nature and meaning of the law that are separate and distinct from the law as it is actually practiced.
Separation of powersSeparation of powers refers to the division of a state's government into "branches", each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typical division into three branches of government, sometimes called the trias politica model, includes a legislature, an executive, and a judiciary. It can be contrasted with the fusion of powers in parliamentary and semi-presidential systems where there can be overlap in membership and functions between different branches, especially the executive and legislative.
Sociology of lawThe sociology of law, legal sociology, or law and society is often described as a sub-discipline of sociology or an interdisciplinary approach within legal studies. Some see sociology of law as belonging "necessarily" to the field of sociology, but others tend to consider it a field of research caught up between the disciplines of law and sociology. Still others regard it as neither a subdiscipline of sociology nor a branch of legal studies but as a field of research on its own right within the broader social science tradition.
Critical legal studiesCritical legal studies (CLS) is a school of critical theory that developed in the United States during the 1970s. CLS adherents claim that laws are devised to maintain the status quo of society and thereby codify its biases against marginalized groups. Despite wide variation in the opinions of critical legal scholars around the world, there is general consensus regarding the key goals of Critical Legal Studies: to demonstrate the ambiguity and possible preferential outcomes of supposedly impartial and rigid legal doctrines.
Natural lawNatural law (ius naturale, lex naturalis) is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacted laws of a state or society). According to the theory of law called jusnaturalism, all people have inherent rights, conferred not by act of legislation but by "God, nature, or reason." Natural law theory can also refer to "theories of ethics, theories of politics, theories of civil law, and theories of religious morality.
