Jurisprudence as a Theory Term Paper

Pages: 7 (2009 words)  ·  Bibliography Sources: ≈ 5  ·  File: .docx  ·  Level: College Senior  ·  Topic: Business - Law

SAMPLE EXCERPT . . .

In this way, legal realism is subject to differing, subjective interpretations because that is the nature of man.

Critical legal studies

As a critique of the well established norms and mores in a society, the critical legal studies school of legal theories suggests that logic and structure of the law are derived from relationships of power in a given society. In this way, the critical legal studies school theory seems similar to a Marxist ideology concerning social power struggles. In fact, proponents of the critical legal studies camp believe that the law is a primary mechanism used to support and foster certain socially desirable outcomes, even to the detriment of less powerful, less authoritative groups or classes of people. Thus, law is simply an amalgamation of the ruling classes collective belief systems; the rich, the powerful, the well-connected legitimize laws and provide for sanctions to give authority to legal strictures. However, because man can be a whimsical creature, with self-serving interests, the law, according to the critical legal studies advocate, can be a bastardized creation of justice. In this way, those in power use the law and the legal system to suppress the desires and needs of the less powerful in an effort to maintain power and prestige; law is thus a tool for repression to ensure status quo.

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Thus, to those advocating a critical legal studies approach to jurisprudence believe that no law, no manmade legislation is ever content neutral and free of value judgments. The critical legal studies camp encompasses several other like-minded, social-struggles based theories in legal circles; feminist legal theory, critical race theory, and post-modernism theories are all aligned with the critical legal studies theory in an effort to call attention to the vagaries, nuisances, indiscretions, and whims of the politically connected.

Conclusion:

TOPIC: Term Paper on Jurisprudence as a Theory in Assignment

While theories of law, theories of legal systems and of the nature of law vs. The nature of man are convoluted, with little consensus between the respective schools of thought, it seems that the field of jurisprudence, of legal theories will continue to develop and provide greater insights into the nature of man. While manmade laws are certainly not perfect, like man, they are subject to interpretations and provide a foundation for socially desired behaviors. With the effects that laws have in our American society on the weak, on the poor, on the disadvantaged and downtrodden, there is room for improvement. Perhaps legislators can avoid the inevitable pitfalls of codified laws in an effort to understand the meaning of laws in a just and free society. To suggest otherwise is tantamount to advocating the repression, subjugation and suppression of other competing interests in society.

References:

Austin, John (1832/1995), The Province of Jurisprudence Determined, W. Rumble (ed.), Cambridge: Cambridge University Press) (first published, 1832).

Nmsu (2010). Online article found at http://web.nmsu.edu/~dscoccia/376web/376lpaust.pdf

Wong: http://conwayhwong.blogspot.com/2007/12/natural-law-theory-vs.-legal-positivism.html

Terrence Irwin, trans. Nicomachean Ethics, 2nd Ed., Hackett Publishing

Internet Encyclopedia of Philosophy (2010). Legal Positivism. Retrived from: http://www.iep.utm.edu/legalpos/ [END OF PREVIEW] . . . READ MORE

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