Legal Methods

Legal Methods

A branch of the social sciences, jurisprudence is the study and the philosophical theory of law. Scholars and philosophers of jurisprudence, also known as jurists or legal theorists, hope to obtain a deeper understanding of the social science of law, legal reasoning, legal systems and legal institutions.

Modern jurisprudence began in the eighteenth century and focused on the first principles of natural law, civil law and the law of nations. [1] General jurisprudence can be divided into categories, both by the type of question that the scholars seek to answer and by the theories of jurisprudence or schools of thought, with respect to the best answer to those questions. The contemporary philosophy of law, which deals with general jurisprudence, addresses the internal problems of law and legal systems, and the problems of law as a particular social institution since law is related to the broader political and social situation where it exists [2. 3]

This article distinguishes three different branches of thought in general jurisprudence. To begin with, the old natural law, as a main branch and the theory of jurisprudence, is the idea that there are rational objective limits to the power of legislative rulers. The foundations of the law are accessible through reason and it is from these laws of nature that the laws created by man acquire the force they possess. [2] Secondly, the “clarificatory” or analytical jurisprudence rejects the fusion of the natural right of what is and what the right should be. It defends the use of a neutral point of view and a descriptive language when it refers to aspects of legal systems. [4] It includes different theories of jurisprudence. For example, legal positivism holds that there is no necessary connection between law and morality and that the force of law comes from some basic social facts. [5] And legal realism holds that the practice of law in the real world is what determines what the law is; The law has the force it has because of what legislators, lawyers and judges do with it. Third, normative jurisprudence refers to “evaluative” theories of law. It is about what the purpose or purpose of the law is, or what moral or political theories provide a basis for the law. In addition to the question “What is the law?”, Try to answer what was the correct functioning of the law, or what kind of acts should be subject to legal sanctions, and what kind of punishment should be allowed.