Articles tagged as Jurisprudence
Jurisprudence, or legal theory, is the theoretical study of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and provide a deeper understanding of legal reasoning and analogy, legal systems, legal institutions, and the role of law in society.
Latest Law Papers tagged as Jurisprudence
Including law essays, dissertations, problem questions, case summaries, and law lectures, suitable for law students working towards their LLB / LLM qualifications or those studying for the new SQE.
The Classicist and Biological Positivism Approaches to Crime
Criminology
The following assignment focuses upon the classicist and biological positivist approaches to criminology, comparing and contrasting the two theories. It is, however, important to investigate the history of crime and punishment briefly in order to understand fully the development of each theory....
Last modified: 21st Sep 2023
Hart and Fuller Debate on Law and Morality
Judicial Law
Is there a necessary connection between the law and morality? We must first understand what theorists think of law itself and how it relates to morality....
Last modified: 21st Sep 2021
Jurisprudence - The Doctrine of Prospective Overruling
Administrative Law
Doctrine of Prospective Overruling originated in the American Judicial System. The literal meaning of the term ‘overruling’ is to overturn or set aside a precedent by expressly deciding that it should no longer be controlling law....
Last modified: 31st Aug 2021
Ethics in Criminal Justice
Criminology
The Deontological Ethical system, or otherwise called the nonconsequentialist system which relates to moral theories can be best described as a system which was dependent not on the result of the action but on the reason why the act was committed....
Last modified: 11th Jun 2021
Retribution & Reparation
Criminal Law
Retribution & Reparation. This discussion is going explore the issues of retribution and reparation; it will consider the works of theorists such as Dworkin, Hart, Austin, Bentham, Rawls and Nozick and explore......
Last modified: 7th Aug 2019
Mills Harm Principle
Criminal Law
Mills Harm Principle. he harm principle, which seeks to express this crucial qualifier of traditional Hobbesian libertarianism, appears in John Stuart Mill's philosophical work, 'On Liberty', first published in 1859....
Last modified: 7th Aug 2019
Why Defining Law Has Become Problematic
Constitutional Law
The British philosopher Richard Wollheim has pointed out that the reason why defining law has become problematic is due to the fact that it sought to achieve different purposes....
Last modified: 6th Aug 2019
Critical Legal Studies (CLS)
Constitutional Law
This essay is a critical examination of this critique of legal rules, in particular its assertion that the law is indeterminate...
Last modified: 6th Aug 2019
The Law Is Made to Govern People
Civil Law
The Law is made to govern people in a society and so these laws ought to be understood and adhered to so as to prevent individuals from acting without thinking of merits or demerits of their actions and prevent impartiality in a society....
Last modified: 23rd Jul 2019
Legal Positivism of Law
Jurisprudence
If there is one doctrine that is distinctively associated with legal positivism, it is the separation of law and morality. The principal aim of jurisprudential positivists has been to establish that the essential properties of law...
Last modified: 23rd Jul 2019
Influence of Political and Moral Values of Judge Reasoning
English Legal System
This paper will attempt to establish the ubiquitous influence of political and moral values on judges’ reasoning....
Last modified: 11th Jun 2019
Comparison of Legal Formalism and Marxism
Jurisprudence
By comparing and contrasting the theories of formalism and Marxism it shall be considered that whilst both positions suffer from their extremism....
Last modified: 11th Jun 2019
Theories of Property Law: Labour, Occupation and Economic
Properties and Trusts
The State will suppress the civil liberties of the third person to the extent they fail within the scope of the property held....
Last modified: 11th Jun 2019
Legal Formalism Theory Analysis
Jurisprudence
Whether formalism presents an uncompromising version of law’s internal coherence, one must first determine the approaches taken by formalist and non-formalist. ...
Last modified: 11th Jun 2019
Should There Be Morality in the Law?
English Legal System
This coursework will be focusing on the Hart and Fuller debate and their views on morality in law....
Last modified: 11th Jun 2019
