A Failure of Capitalism A Failure of Capitalism (more fully entitled A Failure of Capitalism: The Crisis of '08 and the Descent into Depression) is a major 2009 nonfiction book by Judge Richard Posner, th...
A Theory of Judicial Norms A Theory of Judicial Norms (Teoria della Norma Giuridica) is a book of the italian jurist Norberto Bobbio about one of the ontological elements of foundations of law — the juri...
A Theory of Legal Order A Theory of Legal Order is a book of the Italian jurist Norberto Bobbio about one of the ontological elements of foundations of law — the juridical order.
Aggressive legalism In the context of globalization and the subsequent proliferation of free trade agreements (FTAs), legal scholars generally refer to the political strategy used by a sovereign state to leverage a trade...
Anarchist law Anarchist law is a hypothetical body of norms regarding behavior and decision making that might be operative in an anarchist community.
Archiv für Rechts- und Sozialphilosophie Archiv für Rechts- und Sozialphilosophie (English: Archives for Philosophy of Law and Social Philosophy) is a peer-reviewed academic journal of philosophy, publishing in German and English.
Archon Archon is a Greek word that means "ruler" or "lord", frequently used as the title of a specific public office.
Argumentation theory Argumentation theory, or argumentation, is the interdisciplinary study of how conclusions can be reached through logical reasoning; that is, claims based, soundly or not, on premises.
Auctoritas Auctoritas is a Latin word and is the origin of English "authority."
Authority The word authority is derived from the Latin word auctoritas, meaning invention, advice, opinion, influence, or command.
Basic norm Basic norm (Grundnorm) is a concept in the Pure Theory of Law created by Hans Kelsen, a jurist and legal philosopher.
Basileus Basileus is a Greek term and title that has signified various types of monarchs in history.
Biblical law Biblical law refers to the legal aspects of the Bible, the holy scriptures of Judaism and Christianity.
Casuistry Casuistry or case-based reasoning, is a method in applied ethics and jurisprudence, often characterised as a critique of principle- or rule-based reasoning.
Cautelary jurisprudence Cautelary jurisprudence is law made in a precautionary way prior to or outside of the normal legislative enactment.
Competition law theory Competition law theory covers the strands of thought relating to competition law or antitrust policy.
Constitutional theory Constitutional theory is an area of constitutional law that focuses on the underpinnings of constitutional government.
Constitutionalism Constitutionalism, in its most general meaning, is "a complex of ideas, attitudes, and patterns of behavior elaborating the principle that the authority of government derives from and is limited...
Corelative Correlative ("corelative," UK spelling) is the term adopted by Wesley Newcomb Hohfeld to describe the philosophical relationships between fundamental legal concepts in jurisprudence.
Critical legal studies Critical legal studies was a movement in legal thought in the 1970s and 80s committed to shaping society based on a vision of human personality devoid of the hidden interests and class dominatio...
Declaration of Delhi The New Delhi Congress or Declaration of Delhi was an international gathering of over 185 judges, lawyers, and law professors from 53 countries all over the world, united as the Internatio...
Dignitas (Roman concept) Dignitas is a Latin word referring to a unique, intangible, and culturally subjective social concept in the ancient Roman mindset.
Director primacy Director Primacy is a theory of the firm that was introduced by Stephen M Bainbridge (Professor - UCLA School of Law) in an article in Northwestern University Law Review in 2003 Vol 97 No 2.
Discourse ethics Discourse ethics refers to a type of argument that attempts to establish normative or ethical truths by examining the presuppositions of discourse.
Divine law Divine law is any law that comes directly from the will of God, in contrast to man-made law.
Earth jurisprudence Earth jurisprudence is a philosophy of law and human governance that is based on the idea that humans are only one part of a wider community of beings and that the welfare of each member of that...
Equal justice under law Equal justice under law is a phrase engraved on the front of the United States Supreme Court building in Washington D.C. It is also a societal ideal that has influenced the American legal system.
Eye for an eye An eye for an eye is the principle that a person who has injured another person is penalized to a similar degree, or according to other interpretations, the victim receives the value of the inju...
Forensic rhetoric Forensic rhetoric, as coined in Aristotle's On Rhetoric, encompasses any discussion of past action including legal discourse—the primary setting for the emergence of rhetoric as a discipline...
Free scientific research The free scientific research is a jusphilosophical school precursor of the jurisprudence of values, whtch defends basically that, in order to discover the origins of law's principles and r...
Freedom of contract Freedom of contract is the freedom of individuals and groups (such as corporations) to form contracts without government restrictions.
Geojurisprudence Geojurisprudence is "a systemic approach to the connections of legal science to geography and geopolitics" (Manfred Langhans-Ratzeburg - Begriff und Aufgaben der Geographischen Rechtswissensha...
German Historical School The German Historical School of Law is a 19th-century intellectual movement in the study of German law.
Global Justice or Global Revenge Global Justice or Global Revenge? International Criminal Justice at the Crossroads (2003) is a book by Austrian philosopher Hans Köchler, who was appointed by the United Nations as observer ...
Golden Rule The Golden Rule is defined as an 'ethic of reciprocity.'
Good law Good law is the concept in jurisprudence that a legal decision is still valid.
Habeas corpus A writ of habeas corpus (Latin: "you may have the body") is a writ (court order) that requires a person under arrest to be brought before a judge or into court.
Hard law Hard law refers to actual binding legal instruments and laws.
Hart-Dworkin debate The Hart–Dworkin debate is a debate in legal philosophy between Herbert Hart and Ronald Dworkin.
Hart-Fuller debate The Hart-Fuller debate is an exchange between Lon Fuller and H.L.A. Hart published in the Harvard Law Review in 1958 on morality and law, which demonstrated the divide between the positivist...
Hart–Dworkin debate The Hart–Dworkin debate is a debate in legal philosophy between Herbert Hart and Ronald Dworkin.
Hart–Fuller debate The Hart-Fuller debate is an exchange between Lon Fuller and H.L.A. Hart published in the Harvard Law Review in 1958 on morality and law, which demonstrated the divide between the positivist...
Homo sacer Homo sacer (Latin for "the sacred man" or "the accursed man") is a figure of Roman law: a person who is banned, may be killed by anybody, but may not be sacrificed in a religious ritual.
Imperium Imperium is a Latin word which, in a broad sense, translates roughly as 'power to command'.
International legal theories International legal theory comprises a variety of theoretical and methodological approaches used to explain and analyse the content, formation and effectiveness of public international law and i...
International legal theory International legal theory comprises a variety of theoretical and methodological approaches used to explain and analyse the content, formation and effectiveness of public international law and i...
Interregnum An interregnum (plural interregna or interregnums) is a period of discontinuity or "gap" in a government, organization, or social order.
Jacqueline Laing Jacqueline Laing is a legal philosopher and academic, specializing in jurisprudence, or the philosophy of law, and applied ethics.
Journal of Philosophy, Science and Law The Journal of Philosophy, Science and Law (JPSL) is an interdisciplinary academic journal dedicated to examining issues in the intersection of applied philosophy, science, and the law.
Judicial activism Judicial activism describes judicial rulings suspected of being based on personal or political considerations rather than on existing law.
Judicial independence Independence of the judiciary (also judicial independence) is the idea that the judiciary needs to be kept away from the other branches of government.
Judicial interference Judicial interference is the actions of courts or judicial officers in matters that are interpreted by some as beyond their constitutionally established role.
Judicial philosophy Judicial philosophy is the set of ideas and beliefs which dictate how Justices and judges of the United States federal courts may rule in many cases.
Judicial tyranny Judicial tyranny is a political epithet often used to describe the actions of unelected judges whose rulings invalidate the policy decisions made by elected officials.
Legal positivism Legal positivism is a school of thought of philosophy of law and jurisprudence, largely developed by eighteenth and nineteenth-century legal thinkers such as Jeremy Bentham and John Austin.
Legal Positivism (Book of Bobbio) Legal Positivism (Il Positivismo Giuridico) is a book of the Italian jurist Norberto Bobbio about one of the ontological elements of foundations of law — the jusphilosophical s...
Legal Positivism (book) Legal Positivism (Il Positivismo Giuridico) is a book of the Italian jurist Norberto Bobbio about one of the ontological elements of foundations of law — the jusphiloso...
Legal process (jurisprudence) The legal process school (sometimes "legal process theory") was a movement within American law that attempted to chart a third way between legal formalism and legal realism.
Legal realism Legal realism is a school of legal philosophy that is generally associated with the culmination of the early 20th century attack on the orthodox claims of late 19th century classical legal thoug...
Legal science Legal science is one of the main components in the civil law tradition.
Lord Advocate's Reference A Lord Advocate's Reference is a mechanism by which the Lord Advocate, the chief legal officer of the Scottish Parliament, can refer a point of law which has arisen during the course of solemn p...
Monarchomachs The Monarchomachs (Monarchomaques) were originally French Huguenot theorists who opposed monarchy at the end of the 16th century, known in particular for having theoretically justified tyrannicide.
Monopoly on violence A "monopoly of the legitimate use of physical force" (sometimes controversially abbreviated to merely a monopoly on violence) is the conception of the state as expounded by sociologist...
Mutual liberty Mutual liberty is an idea first coined by Alexis de Tocqueville in his 1835 work Democracy in America.
Natural justice In English law, natural justice is technical terminology for the rule against bias (nemo iudex in causa sua) and the right to a fair hearing (audi alteram partem).
Natural Law and Natural Rights John Mitchell Finnis (born 28 July 1940), is an Australian legal scholar and philosopher, specialising in the philosophy of law.
Natural order (philosophy) In philosophy, the natural order is the moral source from which natural law seeks to derive its authority.
Natural-law argument Natural-law argument for the existence of God was especially popular in the eighteenth century as a result of the influence of Sir Isaac Newton.
Naturalization Naturalization (or naturalisation) is the legal process by which a non-citizen in a country may acquire citizenship or nationality of that country.
New Criminal Law Review The New Criminal Law Review is a quarterly peer-reviewed law journal published by University of California Press.
Norm (philosophy) Norms are concepts (sentences) of practical import, oriented to effecting an action, rather than conceptual abstractions that describe, explain, and express.
Normative Normative has specialized contextual meanings in several academic disciplines.
Obligation An obligation is a course of action that someone is required to take, whether legal or moral.
Organic law An organic or fundamental law is a law or system of laws which forms the foundation of a government, corporation or other organization's body of rules.
Organic statute Organic statute is a calque from the French "Règlement Organique"; literally "regulations for an organ", with "organ" meaning an organization or governmental body.
Original intent Original intent is a theory in law concerning constitutional and statutory interpretation.
Original meaning In the context of United States constitutional interpretation, original meaning is the dominant form of the legal theory of originalism today.
Otium Otium, a Latin abstract term, has a variety of meanings, including leisure time in which a person can enjoy eating, playing, resting, contemplation and academic endeavors.
Pandectists Pandectists were German university legal scholars in the early 19th century who studied and taught Roman law as a model of what they called Konstruktionsjurisprudenz (conceptual jurisprudence) a...
Pauline privilege The Pauline privilege (Privilegium Paulinum) is a Christian doctrine drawn from the apostle Paul's instructions in the First Epistle to the Corinthians.
Perpetual copyright Perpetual copyright can refer to a copyright without a finite term, or to a copyright whose finite term is perpetually extended.
Philosophy of copyright The philosophy of copyright might be said to include several philosophical issues which are fundamentally linked to copyright policy, and other jurisprudential problems that arise in legal syste...
Philosophy of human rights The philosophy of human rights attempts to examine the underlying basis of the concept of human rights and critically looks at its content and justification.
Political sociology Contemporary political sociology involves, but is not limited to, the study of the relations between state and society.
Polycentric law Polycentric law is a legal structure in which providers of legal systems compete or overlap in a given jurisdiction, as opposed to monopolistic statutory law according to which there is a sole ...
Positivism Positivism is a philosophy of science based on the view that information derived from logical and mathematical treatments and reports of sensory experience is the exclusive source of all authori...
Postglossator The postglossators or commentators formed a European legal school which arose in France in the fourteenth century.
Postmodern law Postmodern law, and postmodern jurisprudence, relates to interpretations of the legal system using postmodern philosophy and the theories of postmodernism.
Prohibitionism Prohibitionism is a legal philosophy and political theory often used in lobbying which holds that citizens will abstain from actions if the actions are typed as unlawful (i.e.
Public policy doctrine In private international law, the public policy doctrine or ordre public concerns the body of principles that underpin the operation of legal systems in each state.
Purposive Approach Purposive theory (or the teleological approach) is a theory of statutory interpretation that holds that common law courts should interpret legislation in light of the purpose behind the le...
Purposive approach Purposive theory (or the teleological approach) is a theory of statutory interpretation that holds that common law courts should interpret legislation in light of the purpose behind the le...
Purposive theory Purposive theory is a theory of statutory interpretation that holds that common law courts should interpret legislation in light of the purpose behind the legislation.
Question of law In jurisprudence, a question of law is a question which must be answered by applying relevant legal principles, by an interpretation of the law.
Radbruch formula The Radbruch Formula (German: Radbruchsche Formel) is a theory of law which was formulated for the first time in an 1946 essay by the German law professor and politician Gustav Radbruch.
Rechtsstaat Rechtsstaat (Rechtsstaat) is a doctrine in continental European legal thinking, originally borrowed from German jurisprudence, which can be translated as a "legal state", "state of law", "st...
Retfærd Retfærd, subtitled Nordic Journal of Law and Justice, is a Nordic peer-reviewed academic journal of legal science, publishing research from a "theoretical and practical point of view on ...
Robert Lee Hale Robert Lee Hale (1884–1969) was an American lawyer and economist.
Roerich Pact The Roerich Pact is an inter-American treaty on the Protection of Artistic and Scientific Institutions and Historic Monuments.
Rule according to higher law The rule according to a higher law means that no law may be enforced by the government unless it conforms with certain universal principles (written or unwritten) of fairness, morality, and justice.
Rule by decree Rule by decree is a style of governance allowing quick, unchallenged creation of law by a single person or group, and is used primarily by dictators and absolute monarchs, although philosophers ...
Rule of Faith The rule of faith (regula fidei) or analogy of faith (analogia fidei) is a phrase rooted in the Apostle Paul's admonition to the Christians in Rome in the Epistle to the Ro...
Rule of law The rule of law (also known as nomocracy) primarily refers to the influence and authority of law within society, especially as a constraint upon behavior, including behavior of government ...
Rule of Recognition A central part of H.L.A. Hart's theory on legal positivism, in any legal system, the rule of recognition is a master meta-rule underlying any legal system that defines the common identifying tes...
Rule of recognition A central part of H.L.A. Hart's theory on legal positivism, in any legal system, the rule of recognition is a master meta-rule underlying any legal system that defines the common identifying tes...
Scepticism in law Scepticism in law has arisen in late nineteenth century, not merely as a protest against idea of natural law, but also as a reaction against formalism of legal positivists.
Seana Shiffrin Seana Valentine Shiffrin is Professor of Philosophy and Pete Kameron Professor of Law and Social Justice at the University of California, Los Angeles.
Separation of powers The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state (or who controls the state).
Soft law The term "soft law" refers to quasi-legal instruments which do not have any legally binding force, or whose binding force is somewhat "weaker" than the binding force of traditional law, often co...
Soft tyranny Soft tyranny is an idea first coined by Alexis de Tocqueville in his 1835 work titled Democracy in America.
Sovereignty Westphalian sovereignty is the concept of the sovereignty of nation-states on their territory, with no role for external agents in domestic structures.
State of emergency A state of emergency is a governmental declaration that announces that the country is in a state of emergency.
State of exception A state of exception is a concept in the legal theory of Carl Schmitt, similar to a state of emergency, but based in the sovereign's ability to transcend the rule of law in the name of the publi...
Therapeutic jurisprudence Therapeutic jurisprudence (TJ) is a term first used by Professor David Wexler, University of Arizona Rogers College of Law and University of Puerto Rico School of Law, in a paper delivered to th...
Torture Torture is the act of deliberately inflicting severe physical or psychological pain and possibly injury to a person (or animal), usually to one who is physically restrained or otherwise under th...
Transitional justice Transitional justice consists of judicial and non-judicial measures implemented in order to redress legacies of human rights abuses.
Unrechtsstaat The term Unrechtsstaat is a pejorative used to refer to a state that is not a Rechtsstaat, or a constitutional state in which the exercise of governmental power is not constrained by the law.
Wesley Newcomb Hohfeld Wesley Newcomb Hohfeld (8 August 1879, Oakland, California21 October 1918, Alameda, California) was an American jurist.
Wild law The term ‘wild law’ was first coined by Cormac Cullinan, to refer to human laws that are consistent with Earth jurisprudence.