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Legal Theories and Schools

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Restorative Justice

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A system of criminal justice that focuses on the rehabilitation of offenders through reconciliation with victims and the community at large; key proponents include Nils Christie and Howard Zehr.

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Legal Interpretivism

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Argues that the law is not a set of rules but rather a common, public standard of correct judicial decision-making; associated with Ronald Dworkin.

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Utilitarianism in Law

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Asserts that the best laws maximize the overall happiness and well-being of society; key proponents include Jeremy Bentham and John Stuart Mill.

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Constitutionalism

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The principle that government should be limited in its powers and that its authority depends on observing these limitations; key figures include James Madison and Alexander Hamilton.

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Feminist Jurisprudence

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Examines how laws have historically disadvantaged women and aims to rectify gender bias; key thinkers include Catherine MacKinnon and Carol Gilligan.

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Critical Race Theory

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Acknowledges the role of race in the construction of legal issues and argues that law plays a role in upholding racial power structures; key figures include Derrick Bell and Kimberlé Crenshaw.

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Psychoanalytic Jurisprudence

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Applies theories of psychology and psychoanalysis to legal issues, examining the unconscious pressures behind the actions of legal actors; influential thinkers include Sigmund Freud and Ernest Jones.

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Transnational Legal Theory

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Examines the application and influence of law across national borders, recognizing the interconnectedness of modern legal systems; thinkers in this area are varied and international.

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Therapeutic Jurisprudence

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Considers the therapeutic or anti-therapeutic consequences of the law and legal procedures on individuals; key figures include David B. Wexler and Bruce J. Winick.

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Legal Pluralism

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Recognizes the coexistence of multiple legal systems within one geographic area; key scholars include Sally Falk Moore and Boaventura de Sousa Santos.

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Law and Economics

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Views laws in the context of economic efficiency; key proponents include Richard Posner and Ronald Coase.

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Deontological Legal Theory

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Beliefs that laws should be based on duty, rules, and obligations rather than on the outcome or consequences; key proponents include Immanuel Kant.

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Libertarian Legal Theory

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Emphasizes individual freedom and rights, minimal state intervention, and the protection of private property; key theorists include Robert Nozick and Murray Rothbard.

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Legal Positivism

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Believes law is a set of rules and regulations that are created and enforced by a sovereign authority; key proponents include John Austin and H.L.A. Hart.

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Queer Legal Theory

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Critiques traditional legal constructs that reinforce binary gender and heterosexual norms; key thinkers include Eve Kosofsky Sedgwick and Judith Butler.

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Legal Formalism

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Holds that judges apply legal reasoning to facts in a logical way, resulting in a determined outcome; key figures include Christopher Columbus Langdell.

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Critical Legal Studies

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Claims that law is an expression of the policy goals and biases of those in power; no central figures as it's a movement rather than a singular theory.

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Ecological Jurisprudence

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Focuses on the legal rights and value of the environment and non-human entities; key proponents include Christopher D. Stone and Thomas Berry.

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Natural Law

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Focuses on moral theory as the basis for law; key proponents include Thomas Aquinas and Aristotle.

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Legal Realism

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Asserts that laws are created based on the judges' personal perspectives and social influences; key proponents include Oliver Wendell Holmes Jr. and Karl Llewellyn.

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Sociological Jurisprudence

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Considers the actual social effects of the law and seeks to base legal principles on the real-world functioning of the law; key proponents include Roscoe Pound.

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Postmodern Jurisprudence

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Challenges the notion that laws are stable and objective and instead treats them as contextually based social constructs; lacks specific central figures due to its decentralized nature.

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Cosmopolitan Legal Theory

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Proposes a universal legal framework that transcends state borders and is grounded in the respect for human dignity and individual rights; associated with thinkers like Jürgen Habermas and Martha Nussbaum.

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Contractarianism in Law

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Belief that individuals consent either explicitly or tacitly to surrender some of their freedoms and submit to the authority in exchange for protection of their remaining rights; key philosophers include Thomas Hobbes and John Locke.

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Marxist Legal Theory

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Views law as a tool used by the ruling class to maintain their economic dominance; key proponents include Karl Marx and Friedrich Engels.

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