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Jurisprudence (administrative state)

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Jurisprudence, in the context of administrative law, refers to the science or philosophy of law. The term is derived from the Latin juris prudentia, meaning "the study, knowledge, or science of law." There are four main types of jurisprudence and four primary schools of jurisprudence, each of which presents a distinct approach to examining the development and application of the law.[1][2]

Background

Jurisprudence is the science or philosophy of law. The term is derived from the Latin juris prudentia, meaning "the study, knowledge, or science of law."[1][2]

Types of jurisprudence

There are four main types of jurisprudence, each of which aims to approach the study of law from a different scholarly perspective. The following list outlines the four main types of jurisprudence, according to the Wex Legal Dictionary:[1][3]

“

1. The first and the most prevalent form of jurisprudence seeks to analyze, explain, classify, and criticize entire bodies of law. Law school textbooks and legal encyclopedias represent this type of scholarship.
2. The second type of jurisprudence compares and contrasts law with other fields of knowledge such as literature, economics, religion, and the social sciences.
3. The third type of jurisprudence seeks to reveal the historical, moral, and cultural basis of a particular legal concept.
4. The fourth body of jurisprudence focuses on finding the answer to such abstract questions as 'What is law?' and 'How do judges (properly) decide cases?'[1][4]

”

Schools of jurisprudence

In addition to the four main types of jurisprudence, there are four primary schools of jurisprudence. Each school of jurisprudence offers a different context through which scholars examine the development and application of the law. The following list provides a summary of the four primary schools of jurisprudence:[1][3]

  • Formalism: Law is a science in which legal principles are applied to the facts of a case to reach a logical conclusion.
  • Realism: Law is shaped by politics, economics, and the philosophical inclinations of individual judges.
  • Positivism: Law is limited to the rules and regulations enacted by the government or to the social facts.[5]
  • Naturalism: Law is not limited to government rules but also includes normative facts, including universal principles influenced by morality, reason, religion, and philosophy.[5]

See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 1.4 Legal Information Institute, "Jurisprudence," accessed August 20, 2018
  2. ↑ 2.0 2.1 Encyclopedia Britannica, "Jurisprudence," accessed August 22, 2018
  3. ↑ 3.0 3.1 The Free Legal Dictionary, "Jurisprudence," accessed August 20, 2018
  4. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  5. ↑ 5.0 5.1 Yale Law Journal, "The End of Jurisprudence," 2015
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