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Topic: Philosophy of law


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Law

  
  Jurisprudence - Wex
The word jurisprudence derives from the Latin term juris prudentia, whichmeans "the study, knowledge, or science of law." In the United States jurisprudence commonly means the philosophy of law.
Positivists argue that there is no connection between law and morality and the the only sources of law are rules that have been expressly enacted by a governmental entity or court of law.
The legal philosophy of a particular legal scholar may consist of a combination of strains from many schools of legal thought.
www.law.cornell.edu /topics/jurisprudence.html   (500 words)

  
 Legal Positivism (Stanford Encyclopedia of Philosophy)
Law is a distinctive form of political order, not a moral achievement, and whether it is necessary or even useful depends entirely on its content and context.
A theory of law is for Dworkin a theory of how cases ought to be decided and it begins, not with an account of political organization, but with an abstract ideal regulating the conditions under which governments may use coercive force over their subjects.
To identify the law of a given society we must engage in moral and political argument, for the law is whatever requirements are consistent with an interpretation of its legal practices (subject to a threshold condition of fit) that shows them to be best justified in light of the animating ideal.
plato.stanford.edu /entries/legal-positivism   (9472 words)

  
 Law, philosophy of : Routledge Encyclopedia of Philosophy Online
If laws characteristically carry punishments or awards of damages for their infraction, some theory to justify penal and compensatory institutions is called for (see Crime and punishment; Contract law, theories of; Justice, corrective).
Law’s independence, at least when underpinned by an independent judiciary, has been held to promise the possibility of effective control over arbitrary state action while at the same time guaranteeing at least the justice of formal equality to citizens and the degree of predictability allegedly desired by modern rational subjects.
One form of response has been to find that law is reckonable not on the basis of the official rules and standard doctrine, but rather on the basis of the ‘situation sense’ of a judiciary with a common understanding of political and policy objectives underlying law.
www.rep.routledge.com /article/T001   (2024 words)

  
 Penn Law - Institute for Law & Philosophy
The University of Pennsylvania Law School has one of the most active programs anywhere in law and philosophy, and encourages interdisciplinary work with Penn's philosophy department, as well as with the numerous philosophy departments at other universities in the area.
The Institute for Law and Philosophy brings together a large number of scholars for the purpose of discussing the application of legal theory to contemporary legal, moral and political issues.
Stephen Perry, Director of the Institute for Law and Philosophy
www.law.upenn.edu /academics/institutes/ilp   (333 words)

  
 Philosophy of Law [Internet Encyclopedia of Philosophy]
Accordingly, an unjust law can be legally valid, but cannot provide an adequate justification for use of the state coercive power and is hence not obligatory in the fullest sense; thus, an unjust law fails to realize the moral ideals implicit in the concept of law.
Hart understands his theory of law to be both descriptive and general in the sense that it provides an account of fundamental features common to all legal systems-which presupposes a point of view that is external to all legal systems.
Thus, for example, a law requiring use of a helmet when riding a motorcycle is a paternalistic interference insofar as it is justified by concerns for the safety of the rider.
www.iep.utm.edu /l/law-phil.htm   (6898 words)

  
 Philosophy Prelaw Program
The Department of Philosophy, CSU Long Beach, offers a Pre-Law Emphasis to provide undergraduates who are interested in a career in law with a course of study which emphasizes the development of skills in logical reasoning and argumentation, in linguistic and ethical analysis, and in clear and precise communication.
Philosophy of Law (3): Study of the historical development of the philosophy of law and examination of the problems in the field ranging from general theories to analysis of fundamental legal concepts and normative issues.
Law, Philosophy, and the Humanities(3): A comparison of how the law is considered by various disciplines; primary focus is on philosophical methods and legal methods, with some consideration of other humanities disciplines, such as literature.
www.csulb.edu /~jvancamp/prelaw.html   (1289 words)

  
 Natural Law [Internet Encyclopedia of Philosophy]
The second thesis constituting the core of natural law moral theory is the claim that standards of morality are in some sense derived from, or entailed by, the nature of the world and the nature of human beings.
On his view, a human law (i.e., that which is promulgated by human beings) is valid only insofar as its content conforms to the content of the natural law; as Aquinas puts the point: "[E]very human law has just so much of the nature of law as is derived from the law of nature.
To the extent that a definition of law can be given, then, it must include the idea that law's essential function is to "achiev[e] [social] order through subjecting people's conduct to the guidance of general rules by which they may themselves orient their behavior" (Fuller 1965, 657).
www.utm.edu /research/iep/n/natlaw.htm   (5769 words)

  
 Philosophy Department :: Pre-Law
Philosophy is an excellent major for students who intend to go to law school, and the department offers both a wide range of courses for pre-law students and a resident pre-law advisor, Professor William Shaw.
Philosophy of science is particularly valuable for those intending to practice in the technological or scientific sectors.
On the basis of information from law school faculty, from philosophers who have kept track of their students who have gone into the law, and from independent studies, it is clear that philosophical training tends to be of great value both in law school and in legal practice.
www.sjsu.edu /philosophy/Curriculum/DegreePrograms/Pre-Law   (516 words)

  
 Philosophy and Law
Before attending graduate school (in philosophy) at The University of Arizona, where I earned M.A. and Ph.D. degrees, I sat for (and passed) the Michigan Bar Examination and was admitted to the Michigan bar (both state and federal courts).
I teach courses in philosophy of law and several other subjects, mostly in axiology (a fancy name for value theory).
It seems to me, however, that the skills one acquires during the study of philosophy are useful in any number of areas, ranging from business to politics to religion to art to science to academia to the military.
www.unc.edu /depts/phildept/law.html   (3016 words)

  
 Pre-law information   (Site not responding. Last check: 2007-11-04)
Philosophy: consists of Logic (PHIL 102), Moral Philosophy (PHIL 304) or Social and Political Philosophy (PHIL 320), Ancient and Modern Philosophy (PHIL 315 and 316), Philosophy of Law (PHIL 343), and a senior Philosophy seminar (PHIL 401 or 402).
In fact, the philosophy major is the eleventh most common pre-law major and philosophy students handily beat out all the more popular majors in their average LSAT performance.
Therefore, Philosophy truly is one of the best undergraduate majors for students intending to go to law school.
www.clemson.edu /caah/philosophy/website/html/prelaw.html   (556 words)

  
 Philosophy of Law
Justice Foster and I are the appointed judges of a court of the Commonwealth of Newgarth, sworn and empowered to administer the laws of that Commonwealth.
It may well also be true that generations of law students have been taught that the true explanation of the exception lies in the fact that a man who acts in self-defense does not act "willfully," and that the same students have passed their bar examinations by repeating what their professors told them.
We have heard this afternoon learned disquisitions on the distinction between positive law and the law of nature, the language of the statute and the purpose of the statute, judicial functions and executive functions, judicial legislation and legislative legislation.
people.brandeis.edu /~teuber/lawspelunk.html   (21628 words)

  
 Feminist jurisprudence - Wex
Feminist jurisprudence is a philosophy of law based on the political, economic, and social equality of sexes.
Laws affecting employment, divorce, reproductive rights, rape, domestic violence, and sexual harassment have all benefited from the analysis and insight of feminist jurisprudence.
The language, logic, and structure of the law are male created and reinforce male values.
www.law.cornell.edu /topics/feminist_jurisprudence.html   (536 words)

  
 What is Law: A Language Game analysis
Law is a social practice of a particular sort.
The reason for this survey is to locate the language game of law in this family of prescriptive games and see what its special properties are.
One key question in philosophy of law is this: is law "closed on facts." Clearly, law is relative in some ways -- what is against the law in one state need not be against the law in another.
www.hku.hk /philodep/courses/law/Lawgame.htm   (1156 words)

  
 Philosophy of Law, University of West Georgia - Robert Lane, Ph.D.
Philosophy of Law, University of West Georgia - Robert Lane, Ph.D. Philosophy of Law
February 5: Theories of Law 2: Speluncean Explorerers
January 8: Introduction to the Philosophy of Law
www.westga.edu /~rlane/law/index.html   (98 words)

  
 Amazon.com: Philosophy of Law: Books: Joel Feinberg   (Site not responding. Last check: 2007-11-04)
His research has focused on the philosophy of law, political philosophy and the methodology of the social sciences.
Within the philosophy of law, his scholarship has emphasized issues in jurisprudence and the nature of responsibility in the law.
philosophy of law (2), law (2), jurisprudence (3), liberalism (1), philosophy (1), economics (1), judge (1), pragmatism (1)
www.amazon.com /Philosophy-Law-Joel-Feinberg/dp/0534061982   (1040 words)

  
 Law and Philosophy Program
The School of Law and Department of Philosophy at The University of Texas at Austin established in 1998–99 the "Law and Philosophy Program" (LPP), a combined degree program which leads to the J.D. and the Ph.D. in philosophy.
The Philosophy Department offers competitive financial aid for the PhD program, and the Law School offers a limited number of fellowships each year to students at the dissertation stage, as well as in-state tuition waivers qualifying non-residents for in-state tuition during the first year of law school.
Tuition at the Law School continues to be the lowest of any of the nation's leading law schools.
www.utexas.edu /law/academics/centers/philosophy   (272 words)

  
 20th WCP: Constitutional Paideia: Remarks on Hegel's Philosophy of Law
In a philosophy of law understood at once as Naturrecht und Staatswissenschaft, a political culture is sustainable only if ordinary legislation is capable of broaching constitutional questions and constitutional politics is not exempt from the formal constraints regulating ordinary parliamentary activity.
It may be argued that, while Hegel's notion of constitutional theory may be governed by mechanisms that preclude constitutional populism, it is still be bound to the context of a particular legal community and thus incapable of thematizing those "higher" norms and principles whose accommodation is the task of any legitimate modern constitution.
Hegel's appeal to the concept of Volksgeist, far from binding law to the existing values of a particular community, is meant to accommodate normative structures able to differentiate between genuine and spurious expressions of constitutional life.
www.bu.edu /wcp/Papers/Poli/PoliBuch.htm   (3658 words)

  
 Links for "Philosophy of Law"
The only excuse for me to make another one is to customize it for (1) undergraduate students (2) studying law as a liberal art (3) in Indiana (4) for my course, Philosophy of Law.
An interdisciplinary journal of moral and political philosophy, economic theory, jurisprudence, and intellectual history.
Law Student Division of the American Bar Association.
www.earlham.edu /~peters/courses/law/lawlinks.htm   (944 words)

  
 Department of Philosophy, Indiana University, Bloomington
Philosophy of Law: Marcia Baron and Kevin Toh.
David Charles McCarty (Logic, Philosophy of Mathematics, History of Logic—especially nineteenth and twentieth century, Philosophy of Language).
The Department of History and Philosophy of Science (HPSC) is a separate department at Indiana University, not part of the Philosophy Department.
www.indiana.edu /~phil   (638 words)

  
 Philosophy of Law
Juergen Habermas: Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy (The MIT Press, 1996).
The second part of the course examines, in some detail, a contemporary challenge to the traditional idea that "the rule of law" should be impartial and objective: the Critical Legal Studies movement.
John Austin: "A Positivist Conception of Law, from The Province of Jurisprudence Determined" (1832).
www.kzoo.edu /phil/LawW05.htm   (581 words)

  
 Philosophy and the Law
Coleman says that we can distinguish what is law in the sense of legal systems, in the sense of what differentiates a law from other rules, and in the sense of what the local laws are.
However, the source of the law, not the content, is supposed to give us reason to act on the law.
Thomas Aquinas thought that an unjust law is not a law at all.
www.philosophytalk.org /pastShows/Law.html   (583 words)

  
 University of Baltimore School of Law: Philosophy of Law Seminar   (Site not responding. Last check: 2007-11-04)
University of Baltimore School of Law: Philosophy of Law Seminar
A law is legitimate if it conforms to the basic procedural and substantive norms set out in the basic constitution of a jurisdiction.
We will approach these questions by reading some classic 20th Century materials on jurisprudence, including Hart, Raz and Dworkin; doing a bit of comparative constitutional law; and then reading contemporary writings in constitutional theory by such authors as Fried, Fallon, and Scalia.
law.ubalt.edu /courses/philosophy.html   (125 words)

  
 Chapman University - Law - Societies - Philosophy
LAW > Societies and Organizations > Law Philosophy Societies
Chapman University School of Law supports the continuous study of all interpretations of the Constitution and the law.
Organizations on campus help keep the discussion fresh by bringing in speakers and holding debates on a myriad of subjects in various areas of the law.
www.chapman.edu /law/students/philosophy.asp   (73 words)

  
 Philosophy of Law
An interesting link to contemporary federalist philosophy and liinks to historical documents can be found at The Constitution Society.
This is an open Forum for all students in my Political Science courses at CBU to post their comments, questions, and observations about any aspect of the courses - whether sparked by thoughts or events in or out of the classroom.
Skubik seeks to overcome the divide between the legal positivist and natural law traditions by showing Hart's own theory to be a version of natural law.
www.calbaptist.edu /dskubik/phillaw.htm   (1436 words)

  
 EpistemeLinks: Website results for Philosophy of Law
Description: A lengthy collection of tort cases from the United States and Great Britain as well as cases and essays on Morality and the Law, the History of Law, and Responsibility.
Description: dedicated to furthering legal education by providing a virtual classroom where law professors can share information and exchange ideas with colleagues, law students, lawyers and members of the public.
Just one of dozens of designs including philosophy quotes, philosophy humor, and more...
www.epistemelinks.com /Main/Topics.aspx?TopiCode=Law   (399 words)

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