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Analytical jurisprudence seeks to systematically and logically clarify legal concepts and structures, focusing on the meanings of legal terms and the nature of law itself instead of the moral or social implications. It emphasizes understanding the abstract principles underpinning legal systems and the logical relationships between legal norms, providing a foundation for interpreting and comparing different legal theories and systems.
Legal Positivism is a school of thought in jurisprudence that holds that laws are rules created by human authorities and have no inherent connection to morality. It asserts that the validity of a law is not dependent on its moral correctness but rather on its proper enactment by a recognized legal authority.
Normativity refers to the phenomenon of standards or norms that guide, evaluate, or prescribe behaviors, actions, and beliefs, often implying a sense of obligation or correctness. It is central to discussions in ethics, law, and epistemology, as it addresses questions about what ought to be rather than what is.
Legal Realism is a theory that suggests law is not a set of abstract rules but is shaped by social, economic, and political forces and the actions of judges. It emphasizes that judicial decisions are influenced by personal biases and societal contexts rather than solely by legal precedents and statutes.
Legal Formalism is a theory that emphasizes the importance of legal rules and principles being applied consistently and without consideration of social or political influences. It advocates for judges to interpret and apply the law strictly as written, maintaining objectivity and predictability in legal outcomes.
Conceptual analysis is a philosophical method used to break down complex concepts into their constituent parts to better understand their meaning and application. It involves examining the usage, implications, and interrelationships of concepts to clarify their role in language and thought.
Legal interpretation involves the process by which judges and legal practitioners determine the meaning of statutes, regulations, and constitutional provisions. It is essential for resolving ambiguities and applying legal texts to specific cases, ensuring that the law is applied consistently and fairly.
Legal validity refers to the characteristic of a rule or law that makes it binding and enforceable within a legal system. It is determined by the rule's conformity to established procedural and substantive criteria, often rooted in a jurisdiction's constitution or legal framework.
Legal philosophy, or jurisprudence, is the theoretical study of law, exploring its nature, purposes, sources, and the principles that govern legal systems. It critically examines the relationship between law, morality, and society, and seeks to understand how legal norms are created, interpreted, and enforced.
Jurisprudence is the theoretical study of law, seeking to understand its nature, sources, and purposes. It involves analyzing legal systems, legal reasoning, and the role of law in society, often bridging philosophy, ethics, and social sciences.
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