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Analytical Jurisprudence

Analytical Jurisprudence

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Published by Osho Olumide
A term paper on Analytical Jurisprudence by Osho Olumide T.
A term paper on Analytical Jurisprudence by Osho Olumide T.

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Published by: Osho Olumide on Jan 16, 2012
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12/30/2012

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 Page | 1
OSHO OLUMIDE T.LAW/2005/224
J
URISPRUDENCE ASSIGNMENT
J
PL 502SUBMITTED TODR FATULAOCTOBER 2010
 
 Page | 2
INTRODUTION
Jurisprudence
is the theory and philosophy of law.The Latin word
 juris
is the genitive form of 
 jus
meaning "law." So,
 juris
means "of law" or "legal."
 Prudentia
, meaning "knowledge" in Latin, translatesinto English as "prudence." The native English word is "wisdom," which originallyalso meant "knowledge." As jurisprudence has developed, there are three mainaspects with which scholarly writing engages:
y
 
Natural law
is the idea that there are unchangeable laws of nature whichgovern us, and that our laws and institutions should try to align with thisnatural law.
y
 
A
nalytic jurisprudence
asks questions distinctive to legal philosophy like,"What is law?" "What are the criteria for legal validity?" or "What is therelationship between law and morality?" and other such questions that legal philosophers may engage.
y
 
Normative jurisprudence
asks what law ought to be. It is close to political philosophy, and includes questions of whether one ought to obey the law, onwhat grounds law-breakers might properly be punished, the proper uses andlimits of regulation, how judges ought to decide cases.
 
 Page | 3
M
odern jurisprudence and philosophy of law is dominated today primarily byWestern academics. The ideas of the Western legal tradition have become so pervasive throughout the world that it is tempting to see them as universal.Historically, however, many philosophers from other traditions have discussed thesame questions, from Islamic scholars to the ancient Greeks.
A
N
ALY
TIC
AL
JURISPRUDENCE
Analytical jurisprudence is using a neutral point of view and descriptivelanguage when referring to the aspects of legal systems. This was a philosophicaldevelopment that rejected natural law's fusing of what law is and what it ought to be. David Hume famously argued in
 A
Treatise of Human Nature
that peopleinvariably slip between describing that the world
is
a certain way to sayingtherefore we
ought 
to conclude on a particular course of action. But as a matter of  pure logic, one cannot conclude that we
ought 
to do something merely becausesomething
is
the case. So analysing and clarifying the way the world
is
must betreated as a strictly separate question to normative and evaluative
ought 
questions.The most important questions of analytic jurisprudence are: "What arelaws?"; "What is
the
law?"; "What is the relationship between law and power/sociology?"; and, "What is the relationship between law and morality?"

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