Philosophy of law, or jurisprudence, analyzes legal theory and its role in society. It falls into three categories: analytic jurisprudence, normative jurisprudence, and critical legal theories. Analytic jurisprudence differentiates legal norms from other social norms, normative jurisprudence analyzes concrete issues of law and freedom, and critical legal theory encompasses multiple topics. Legal philosophy debates the role of legal systems, the evolution of law, its relationship and place in society, and the effects of law.
A philosophy of law is the analysis underlying legal theory. In short, a philosophy of law considers the role of legal theory in society, including where legal authority is drawn, and the concepts needed to understand the nature of laws. Commonly called jurisprudence, the philosophy of law falls into three main categories: analytic jurisprudence, normative jurisprudence, and critical legal theories.
Whether debated by legal theorists or legal philosophers, analytic jurisprudence, as a philosophy of law, seeks to differentiate legal norms from other social norms such as ethics and morality. Analytical jurisprudence analyzes the linguistic uses, meanings and evaluation of specific laws and legal concepts. Much controversy surrounds analytic jurisprudence, with primary arguments forming around the relationship between law and morality and whether legal theories derived from moral beliefs are in fact a solid basis for statutory law. Natural law, or the perceived natural order of justice, is at the heart of analytic jurisprudence and is in constant opposition to legal positivism, the denial of the links between law and morals.
Normative jurisprudence is a philosophy of law that seeks to analyze concrete issues of law and freedom. Building on three issues, normative case law directly addresses legal obligations and the scope of legal power. The three issues at the heart of normative jurisprudence include the ability to limit liberty, the obligation to obey, and justified punishment. The restriction of freedoms is an inherited function of law, but the extent of restriction and appropriate punishments for violations is the basis of this particular philosophy of law. For example, criminal laws limit freedoms by removing certain behavioral choices such as rape or murder, while limiting free speech is often considered to be outside the purview of legislative control.
Critical legal theory is a category of philosophy of law that encompasses multiple topics. Such topics include legal realism, which seeks to analyze how the justice system actually works rather than abstract concepts presented by analytic jurisprudence philosophers. Law and economics, another area of critical legal theory, makes points regarding the effect of justice systems on the economy and vice versa. Finally, extraneous jurisprudence includes legal theories that discuss the effects of legal statutes on women, minorities, and other underrepresented groups.
Regardless of the categories, legal philosophy analyzes all aspects of laws, legal systems, and legal theories. The debate about the role of legal systems, the evolution of law, its relationship and place in society, as well as the effects of law are all burning issues for legal theorists. Whether it aids in understanding the role of legal systems or determining the extent of the power given to lawmakers, a philosophy of law seeks to ensure that statutory laws contribute to the growth and prosperity of society.
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