Simple English definitions for legal terms
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Jurisprudence is the study of law. It has different types, such as analyzing and criticizing laws, comparing laws with other fields of knowledge, revealing the historical and cultural basis of legal concepts, and finding answers to abstract questions about law. There are also different schools of jurisprudence, such as formalism and realism, and positivism and naturalism. Formalists treat law like math or science, while realists believe that judges must balance the interests of the parties and draw an arbitrary line based on their inclinations. Positivists argue that only rules enacted by government are sources of law, while naturalists insist that moral philosophy, religion, human reason, and individual conscience are also parts of the law. Other schools of legal thought include critical legal studies, feminist jurisprudence, law and economics, utilitarianism, and legal pragmatism.
Jurisprudence is the study, knowledge, or science of law. It is the philosophy of law that seeks to analyze, explain, classify, and criticize entire bodies of law. There are four common types of jurisprudence:
There are also different schools of jurisprudence:
Other prominent schools of legal thought include critical legal studies, feminist jurisprudence, law and economics, utilitarianism, and legal pragmatism.
For example, a formalist judge would identify the relevant legal principles, apply them to the facts of a case, and logically deduce a rule that will govern the outcome of the dispute. In contrast, a legal realist judge would balance the interests of the parties and draw an arbitrary line on one side of the dispute based on their political, economic, and psychological inclinations. A positivist would argue that the only sources of law are rules that have been expressly enacted by a governmental entity or court of law, while a naturalist would insist that moral philosophy, religion, human reason, and individual conscience are also integral parts of the law.