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In the philosophy of law, virtue jurisprudence is the set of theories of law related to virtue ethics.By making the aretaic turn in legal theory, virtue jurisprudence focuses on the importance of character and human excellence or virtue to questions about the nature of law, the content of the law, and judging.
The main proponents of the jurisprudence of interests were Philipp Heck, Rudolf Müller-Erzbach, Arthur F. Bentley and Roscoe Pound. [3] The school of legal positivism passed through the phase of the jurisprudence of interests after the jurisprudence of concepts. In the jurisprudence of interests, one interprets a law essentially in terms of ...
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 ...
Experimental jurisprudence (X-Jur) is an outgrowth of the broader experimental philosophy (X-Phi) movement. Emerging in the early 2000s, and focusing initially on the folk concepts of semantic reference, knowledge, and intentional action, X-Phi represented a rejection of analytic philosophy's traditional 'armchair' speculation about common conceptual intuitions. [5]
In jurisprudence and legal philosophy, legal positivism is the theory that the existence of the law and its content depend on social facts, such as acts of legislation, judicial decisions, and customs, rather than on morality.
The first two are expounded in chapter XIV of Leviathan ("of the first and second natural laws; and of contracts"); the others in chapter XV ("of other laws of nature"). The first law of nature is "that every man ought to endeavour peace, as far as he has hope of obtaining it; and when he cannot obtain it, that he may seek and use all helps ...
The central question of jurisprudence is, "What is the nature of the law?" Two major schools of legal theory that address this question are natural law theory and legal positivism. The main point of contention between the two is the relation between law and morality, with the positivists advocating a weak or non-existent connection. [2]
Natural law or the law of nature refers to normative properties that are inherent by virtue of human nature and universally cognizable through human reason. Historically, natural law refers to the use of reason to analyze both social and personal human nature to deduce binding rules of moral behavior.