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[3] Contemporary legal scholars working within the Law and Society tradition have expanded upon the foundations set by legal realism to postulate what has been referred to as new legal realism. As a form of jurisprudence, legal realism is defined by its focus on the law as it actually exists in practice, rather than how it exists in books.
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be.It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
The rule of law is a political and legal ideal that all people and institutions within a country, state, or community are accountable to the same laws, including lawmakers, government officials, and judges. [2] [3] [4] It is sometimes stated simply as "no one is above the law" or "all are equal before the law".
According to the positivist view, the source of a law is its enactment or recognition by a legal authority that is socially accepted and capable of enforcing its rules. The merits of a law are a separate issue from its legal validity: a law may be morally wrong or undesirable, but if it has been enacted by a legal authority with the power to do ...
In The Concept of Law, H. L. A. Hart argued that law is a "system of rules"; [35] John Austin said law was "the command of a sovereign, backed by the threat of a sanction"; [36] Ronald Dworkin describes law as an "interpretive concept" to achieve justice in his text titled Law's Empire; [37] and Joseph Raz argues law is an "authority" to ...
Thomas Aquinas defined law as "an ordinance of reason made for the common good by him who has charge of the community, and promulgated". [16] Common good constitutionalism adopts this definition, treating positive law as a promulgated ordinance of reason, where "ordinance of reason" invokes that law which is ascertainable reason, or the natural ...
The Concept of Law is a 1961 book by the legal philosopher H. L. A. Hart and his most famous work. [1] The Concept of Law presents Hart's theory of legal positivism—the view that laws are rules made by humans and that there is no inherent or necessary connection between law and morality—within the framework of analytic philosophy.
It can be a set of rules, such as the biblical Ten Commandments, and is the form of most legal systems of government today. Alternatively, it can be a set of principles, or a moral code . This alternative definition of a concept of a Moral Constitution finds its only current example in the Bill of Morals efforts of the present government of ...