HopefullyInLawSchool
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Simple English definitions for legal terms
philosophie du droit
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A quick definition of philosophie du droit:
Philosophie du droit is a fancy term that means thinking about the law from a moral and ethical point of view. It's like asking questions about what the law is, where it comes from, and what its purpose is. There are different ways to study the law, like looking at its history, comparing different legal systems, or focusing on the fundamental ideas behind a particular system. Some people think the law should only come from a specific source, while others believe that the effects of the law on society are more important. Overall, philosophie du droit is about thinking deeply and critically about the law.A more thorough explanation:
Philosophy of law, also known as ethical jurisprudence, is a branch of legal philosophy concerned with the law from the viewpoint of its ethical significance and adequacy. It brings together moral and legal philosophy to address questions such as:
- What is law?
- Where does law come from?
- What is the purpose of law?
- Is law a science, a humanity, or neither?
For example, feminist jurisprudence is a branch of philosophy of law that examines the relationship between women and the law. It looks at the history of legal and social biases against women, the elimination of those biases in modern law, and the enhancement of women's legal rights and recognition in society.
Another example is sociological jurisprudence, which stresses the actual social effects of legal institutions, doctrines, and practices. It was started by Roscoe Pound in 1906 and became a precursor to legal realism.