Schools of Jurisprudential Thought
Ø Natural Law
view.
Ø Positivist view.
Ø Historical view.
Ø Legal Realism
view.
Natural
Law School
Assumes that law, rights and
ethics are based on universal moral principals inherent in nature discover able through the human reason.
The oldest view of jurisprudence
dating back to Aristotle.
The Declaration assumes
natural law, or what Jefferson called “the Laws of Nature.”
Natural
Law: Rev. Martin Luther King, Jr.
Letter from the Birmingham Jail, April 16, 1963. “[T]here are two types of
laws: just and unjust laws. . . .
A just law is a man-made code that
squares with the moral law .
An
unjust law is a code that is out of harmony with the moral law.
An unjust law is a human law that is
not rooted in eternal and natural law.”
The
Positivist School
Law is the supreme will of the
State that applies only to the citizens of that nation at that time.
Law, and therefore rights and
ethics, are not universal.
The morality of a law, or whether
the law is “bad or good,” is irrelevant.
The
Historical School
Emphasizes the evolutionary
process of law
Concentrates on the origins of
the legal system
Law derives its legitimacy and
authority from standards that have withstood the test of time.
Follows decisions of earlier
cases
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