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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; and the relationship between law and other fields of study, including economics , ethics , history ...
In its broadest sense, justice is the idea that individuals should be treated fairly. According to the Stanford Encyclopedia of Philosophy, the most plausible candidate for a core definition comes from the Institutes of Justinian, a codification of Roman Law from the sixth century AD, where justice is defined as "the constant and perpetual will to render to each his due".
Aristotle notes that natural justice is a species of political justice, specifically the scheme of distributive and corrective justice that would be established under the best political community; if this took the form of law, it could be called a natural law, though Aristotle does not discuss this and suggests in the Politics that the best ...
A Theory of Justice is a 1971 work of political philosophy and ethics by the philosopher John Rawls (1921–2002) in which the author attempts to provide a moral theory alternative to utilitarianism and that addresses the problem of distributive justice (the socially just distribution of goods in a society).
Justice Wilson flatly stated: "[A] month's delay is normal. Two months delay is long. And three months is too long." [30] Efficiency in the making of judicial decisions — and the avoidance of undue hesitancy while maintaining the accuracy and integrity of the decision-making process — implicates law and ethics. When faced with inordinate ...
It is grounded in a blend of Roman-Dutch law, English common law, and indigenous African customary law, all underpinned by the transformative Constitution of 1996. [ 2 ] In the South African context, " Ubuntu " based Jurisprudence has been considered the foreground of the Human Rights discourse in the region, even prior to the European ...
Jurisprudence is the branch of philosophy which deals with principles of law and the legal systems through which the law is applied. Hohfeld's contribution was to simplify; he created a very precise analysis which distinguished between fundamental legal concepts and then identified the framework of relationships between them.
Analytical jurisprudence is not to be mistaken for legal formalism (the idea that legal reasoning is or can be modelled as a mechanical, algorithmic process). Indeed, it was the analytical jurists who first pointed out that legal formalism is fundamentally mistaken as a theory of law.