What are other legal theories are there? Law, rules, sovereigns seem to be quite dull... Are there any other EXCITING theories?! Realism opposes formalism (law is determinate) two types of realism: American (rule-sceptic) and Scandinavian (metaphysic-sceptic) American Realism seen as behaviorist - "outward manifestation of mental processes" founding father, Oliver Wendell Holmes "The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovere

(aka Sociological Legal Theory) Now we have read a lot about how philosophers endeavor to dissect what "law" meant, how about how law interacts with our society? Why did capitalism arise and how does equality and freedom play a role in it? Carry on to learn more! Emile Durkeim (1859-1917) due to society's movement from religion to secularism, the law is less concerned about punishment than compensation punishment -(derived from)→ crime → common conscience types of social soli

Where do our 'rights' come from? Why is everyone claiming 'rights' right now? How do we differentiate individual demands from fundamental rights? How do we balance the cost that upholding a specific right brings to us? Main Theories for the Evolvement of Right 'Will' Theory - rights protect my freedom to choose at my will received criticisms: this means that other's duty is waived. But couldn't law limit some rights waved while still keeping substantive rights? consider a chi

Is it possible for morality to be incorporated in the judgment of law? Doesn't the judge adjudicate a case based on their perspective? Won't that involve morality? But didn't I just learn from the legal positivist that morality should nowhere come close to law? Head on to read more about Dworkin, who... 'No one has yet effectively attacked his theories of law and politics on the grand scale as Hart did on Bentham..." ~ Stephen Guest from Ronald Dworkin Ronald Dworkin (1931-20

Have you ever wondered whether law is able to extract itself from the idea of "right and wrong" (hence morality)? Do social norms (i.e., laws that are not written black and white and officially affirmed by the sovereign) count as law? What happens when an unjust law is being established by a sovereign - do citizens have the obligation to follow it? Image extracted from "Legal rights are not all right: when morality and the law collide" They are sometimes being criticized as p

Have you ever thought of if there is a higher norm above laws that our government has passed? What happens if our government passes an unjust law? Check out what previous legal scholars have said on the topic of natural rights! Feel free to comment on what you think. Image from National Review, The American Understanding of Natural Rights Aquinas (1225-74) - what is reasonable? distinguishes eternal law (God), divine law (scripture), natural law (by reason), human law we have

Most of us will come across in our mind this question at some period of time. Well...if you didn't, you can consider this now. 🙃 From the moment when we can control our own conduct, we learn about what we are permitted to do and what is unacceptable. Slowly, we learn about society, law, and the police. We are always guided by law — from buying a pen to involving in a car accident. So, what exactly is law? At first instance, you may say, "It's so easy. Law is..." And you stop