3 Theories of Jurisprudence Flashcards
1
Q
3 THEORIES OF JURISPRUDENCE
A
Jurisprudence is the philosophy of law.
LEGAL POSITIVISM- The law is what the sovereign says it is.
NATURAL LAW- An unjust law is no law at all and the law must have a
moral basis.
LEGAL REALISM- Claim that it does not matter what is written as law.
What counts is who enforces the law and by what process it is enforced.