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.

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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.

Hart and Fuller Debate on Law and Morality
Judicial Law
Introduction: 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
Introduction: 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

Compare And Contrast The Classicist And Biological Positivism Approaches To Crim
Introduction: The following essay 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: 26th Aug 2021

Ethics in Criminal Justice
Introduction: 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
Introduction: 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
Introduction: 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
Introduction: 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
Introduction: 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
Introduction: 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
Introduction: 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

Comparison of Legal Formalism and Marxism
Introduction: 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

Legal Formalism Theory Analysis
Introduction: 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
Introduction: This coursework will be focusing on the Hart and Fuller debate and their views on morality in law.... Last modified: 11th Jun 2019