NATURAL LAW – DUTY TO OBEY UNJUST LAWS Important aspects of natural law can be traced back to Aristotle‚ Plato and the stories of Sophocles‚ Antigone & Oedipus. They offered arguments for the existence of a higher form of law‚ a set of standards against which existing legal norms can be compared and judged. Plato argued that individual objects (e.g. individual trees and chairs and individual instances of equality or beauty) were imperfect reflections or instances of an eternal Idea or Form
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(that of Dworkin) suggest that the manner in which any and every particular law becomes part of a legal system can only be understood in terms of the enterprise of law at its most general level Natural Law The development of natural law as a jurisprudence usually brings together a range of theories or theoretical insights from early Greek thinkers right up to the present day that are labelled as Natural Law theories Selecting the legal aspects of such theories and attempting to unify them under
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the term ‘jurisprudence’. However‚ no one single definition can be said to be universally acceptable. Perhaps‚ the exact connotation of this term is not possible because as a method‚ jurisprudence deals with concepts which regulate human conduct in accordance with the values‚ needs and goals of every society. These values‚ needs and goals etc. vary from time to time and from society to society as also within the same society at different times and hence the meaning and scope of jurisprudence also varies
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1.Evaluate the views of the Critical Legal Studies School of jurisprudence. What are the benefits and drawbacks of using broad notions of fairness in deciding cases? The theory of Critical Legal Studies removes the common held standards and aspects of general legal practices and looks to establish a more rounded and equitable remedy in all concerned situations. It is perceived that the law and its makers look only to protect the interests of those that are in power and that of the overwhelming
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The thing that most clearly differentiates the various feminist theories of law is the extent to which they regard the female body as the focal location of male oppression & female subordination. 2012 ZB Highlighting women’s injuries and actual harm Although a centre of focus has been on the prevalence of rape and the treatment of rape victims‚ rape is not viewed as an isolated phenomenon but as the most prominent example of activities which maintain women in a subjugated position and which have
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statutes or reported cases but the activities of society itself....” M.D.A Freeman‚ Lloyd’s Introduction to Jurisprudence (7th Ed.)‚ page 670. Bearing the above extract in mind‚ discuss the origin of law as conceived by proponents of sociological school of thought. INTRODUCTION Sociology is the study of human interaction and the rules that govern them in the society. Jurisprudence is the study and theory of law and it concerns; The nature of law The purposes of law and the means used
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JURISPRUDENCE NATURAL LAW INDEX . Meaning of natural law. . Theories of natural law :-> Ancient theories 1- Socrates 2- Aristotle 3- Stoics 4- Dark age :-> Medieval theories 1- Acquinas :-> Renaissance theories 1- Social contract theory 2- Hobbes 3- Rousseau :-> Modern theories 1- Hart 2- Finnis . Conclusion . Meaning of natural law. In jurisprudence‚ the term Natural Law means those rules and principles which are considered to have emanated from some supreme
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Jurisprudence – Meaning and Scope Jurisprudence is the study and theory of law. Bentham was the first one to analyse what is law. He divided his study into two parts: 1. Examination of Law as it is- Expositorial Approach- Command of Sovereign. 2. Examination of Law as it ought to be- Censorial Approach- Morality of Law. Two main streams are: 1. Natural Law: or the law of nature. Human laws that come from enternal (never ending) and unchangable. It is a system of law that is determined by nature
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Seriously‚ London: Duckworth. At p22 Morrison‚ W. (1997) Jurisprudence: from the Greeks to Post-Modernism‚ London: Cavendish. At p422 3 A concept where the law seems to run out‚ they arise where it is not clear what the legal answer is‚ or where by the existing rules of law provide no answer. Riddall‚ J. G. (1999) Jurisprudence‚ 2nd ed.‚ London: Butterworths. At p98 4 Supra‚ n ‚ no1 at p81 5 McCoubrey‚ H. & White‚ N. D. (1999) Textbook on Jurisprudence‚ 3rd ed.‚ London Blackstone Press. At p158 2 1
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Volume 7 | Issue 1 Article 1 1-1-1961 The Sociological Jurisprudence of Roscoe Pound (Part I) James A. Gardner Follow this and additional works at: http://digitalcommons.law.villanova.edu/vlr Part of the Jurisprudence Commons‚ and the Law and Society Commons Recommended Citation James A. Gardner‚ The Sociological Jurisprudence of Roscoe Pound (Part I)‚ 7 Vill. L. Rev. 1 (1961). Available at: http://digitalcommons.law.villanova.edu/vlr/vol7/iss1/1 This Article is brought to you for free and open
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