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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".
[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.
[a] Although codes were replaced by custom and case law during the Early Middle Ages, Roman law was rediscovered around the 11th century when medieval legal scholars began to research Roman codes and adapt their concepts to the canon law, giving birth to the jus commune. Latin legal maxims (called brocards) were compiled for guidance.
Legal scholars have drawn from the four main schools of thought in the areas of political science and international relations: realism, liberalism, institutionalism, and constructivism to examine, through an interdisciplinary approach, the content of legal rules and institutions, to explain why and how international law and legal institutions ...
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 ...
Empirical evidence, for example, suggests that ordinary people readily incorporate a "nonbinary gender canon" and "quantifier domain restriction canon" in the interpretation of legal rules. [66] Other scholars argue that the canons should be reformulated as "canonical" or archetypical queries helping to direct genuine inquiry rather than ...
Considered "the first movement in legal theory and legal scholarship in the United States to have espoused a committed Left political stance and perspective," [1] critical legal studies was committed to shaping society based on a vision of human personality devoid of the hidden interests and class domination that CLS scholars argued are at the root of liberal legal institutions in the West. [4]