Legal Jurisprudence Term Paper

Pages: 2 (508 words)  ·  Bibliography Sources: 2  ·  File: .docx  ·  Topic: Business - Law

¶ … Computers by Z. Bankowski and the Ethics of Legalism by D.N. MacCormick present interesting theories of jurisprudence as to how the rule of law can govern without being influenced by human emotions that are attached to specific situations. In other words, the issue is that legal rules cannot be expected to govern all situations equally because each situation is unique. The two theories compared in this paper attempt to understand the jurisprudence that exists when, in reality, there is no rule of law.

According to Zenon Bankowski, a Professor of Legal Theory at the University of Edinburgh, an inherent conflict exists between the generality of legal rules and the particularity of a specific situation. Bankowski argues that, by nature, legal rules cannot govern a particular situation automatically and instead governs through humans' use of them. Instead of being viewed as an impersonal computer, Bankowski states that, because humans are the ones who apply the law, it is more correct to view the law as being governed by what he terms "love."Download full Download Microsoft Word File
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TOPIC: Term Paper on Legal Jurisprudence Assignment

By love, Bankowski means the personal and emotional attachments that a decision maker will have with every particular legal situation. Thus, according to Bankowski, real judicial adjudication swings between the generality of the law and the correctness of love. As he states, "In applying the law, we need, through our explosions of love, to get to the particular and be able to see the things behind the rule." According to Bankowski, the answer to this conflict between the universality maintained by… [END OF PREVIEW] . . . READ MORE

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APA Style

Legal Jurisprudence.  (2007, November 19).  Retrieved July 30, 2021, from https://www.essaytown.com/subjects/paper/legal-jurisprudence/901951

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"Legal Jurisprudence."  19 November 2007.  Web.  30 July 2021. <https://www.essaytown.com/subjects/paper/legal-jurisprudence/901951>.

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"Legal Jurisprudence."  Essaytown.com.  November 19, 2007.  Accessed July 30, 2021.
https://www.essaytown.com/subjects/paper/legal-jurisprudence/901951.