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Development of philosophical concepts and principles of law to better understand the nature of law, the right sources, and its role in society. Jurisprudence in the English-speaking countries the term is often used synonymously, and always used in the context of some subdivisions of the area.
without resorting to, a philosophical point of view entirely as various philosophical views without in any case, the discrepancy. In addition, ethics, political philosophy, epistemology, logic, or philosophy of law to treat a particular branch of philosophy such as philosophy of law, contributions to all branches. The idea that law is the problem that, in fact, it is to highlight not only in philosophy, but found in all bodies of systematic thought. That philosophy is interpreted in the broadest sense and philosophy of law can not be less technically misleading.
Problems of Philosophy of Law
Different approaches
Analytical jurisprudence, sociological jurisprudence and legal theory to practical reasons, to avoid overlapping, it is convenient to organize jurisprudence into three principal branches only.
Analytical jurisprudence
Case axioms, definitions of terms, and the best ways that we legal system (or part) to move to a system of knowledge self-compatible and can be viewed as the maximum episode of prescriptions to law issues Analysis of logical structure.with (see below, the law in the sense of pure theory).
Also, some feature of the Act for the accused to find the basis for the structure of the argument is not structural in nature. 19th century English legal philosopher John Austin history, for example, thought that a clear, logical system of law is a necessary condition, which is their belief that the law always "orders" designed to find includes. This clarification is necessary, however claim that the law amounts to an analytical model for a common belief in the essential version of the explanation seems to be unfounded.
Finish work on the one hand, ordinary legal analysis on the other hand, as the tone, to clarify the meaning of some legal cases in terms of efforts.Between particularism and universalism are sometimes called comparative approach in analytical jurisprudence, more than one of these jurisdictions (but not all) material is applied.
Sociological jurisprudence
On the question of sociological jurisprudence set of attitudes, behavior, organization, environment, skills and competencies in the maintenance of society, including a particularly reflects the real impact of the law. Conversely, sociological jurisprudence, and the impact of social phenomena in the field of substantive and procedural law and the legislature, judiciary and other training, operations and legal order, amend the amendment.justice. His approach is descriptive not standard, but it has to do with what or what happened, what may not be or should be continued.
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