Jurisprudence Questions and Answers Already Passed

Jurisprudence Questions and Answers Already Passed Definition of jurisprudence: * This is described as the philosophy or theory of law. It derives from the Latin word, juries prudentia (which means to study *Aquinas in 1809: "the principal and most perfect branch of ethics" *It has been used as a mechanism to set limits to law and also to provide justification for its means by being aware of its ends Normative jurisprudence: *This has already established what jurisprudence is, it aims to understand the moral basis for law *What the law ought to be *It seeks to provide a theory which determines which is morally right *What rights to we have? *What rights are we ought to have? *Cierco: "law is right reason in accordance with nature" *Aquinas: "law is an order of reason serving the common good" Analytical jurisprudence: * This is the study of law at its most abstract level *This seeks to ask questions of what actually is the law? and what the relationship of law and morality is? *Looks at areas of legislating and judging *Those who are analytical jurisprudists are typically legal positivists *Kelsen: "Law is a unified hierarchy of norms" *Hart: "law is the union of primary and secondary norms" Sociological approaches: *This is how law differs from or is related to other areas such as economics or as a society as a whole *Max Weber: "an order will be called law if it is externally guaranteed by the probability that coercion, to bring about conformity or avenge violation, will be applied by a staff of people holding themselves specially ready for that purpose" Can there is a single conception of law?: *it can be described as a meta-theory *Like an apple: they have an essence defined by genus and differential *Like a triangle: these exist, but never exist perfectly in reality, they are an archetype an ideal Natural Law: *This deals with what are valid legal rules or sources of law and is based on the idea that the sources of law include a moral test of validity *Theorists like Aquinas and John Finnis have appealed to a higher authority if law because it is determined by reason and is capable of producing just and fair laws which have moral authority Legal positivism: *Classical, there is no connection between law and morality *only law enacted by government or the state have legal authority *Modern, like Raz, there can be some link between morality and law but it is unnecessary to use moral arguments to discover the law Legal realism: *Only the real word legal practices of judiciary influence and the development of law, as judges determine the content of legal rights and duties according to public policy and prevailing interests of the wider society rather than compliance with abstract moral rules Help with answering such questions: (1) Explain what is law, not just a simple matter of judicial precedent (2) Address the idea of law in context, influenced and interpreted culturally, socially, theologically, politically and historically significant (3) Explain how these belong to certain distinctive schools of jurisprudence (4) Mention examples or issues form the past or modern issues which illustrate the continuing need for jurisprudence, like the permitting of torture or legalising euthanasia Thomas Aquinas (