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Legal Systems and Theories

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Natural Law

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A philosophy asserting that certain rights are inherent by virtue of human nature and can be understood universally through human reason. Key proponents: Thomas Aquinas, Aristotle

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Legal Positivism

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A legal theory that holds that the validity of a law is not related to its morality, but to its sources and social acceptance. Key proponents: John Austin, H.L.A. Hart

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Legal Realism

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A perspective that suggests law is determined by the actions of judiciary and law enforcement as opposed to solely legislative statutes. Key proponents: Oliver Wendell Holmes Jr., Karl Llewellyn

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Critical Legal Studies

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A movement that challenges and seeks to overturn accepted norms and standards in legal theory and practice. Key proponents: Roberto Unger, Duncan Kennedy

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Feminist Legal Theory

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Explores the intersection of law with gender and advocates for the equality of the sexes in law. Key proponents: Catharine MacKinnon, Martha Fineman

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Critical Race Theory

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An interpretive mode that examines the appearance of race and racism across dominant cultural modes of expression. Key proponents: Derrick Bell, Kimberlé Crenshaw

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Utilitarianism

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A theory in normative ethics that prescribes actions that maximize happiness and well-being for the majority. Key proponents: Jeremy Bentham, John Stuart Mill

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Deontological Ethics

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Philosophical view that judges the morality of an action based on the action's adherence to rules. Key proponents: Immanuel Kant, W.D. Ross

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Libertarianism

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A political philosophy that upholds liberty as a core principle. Libertarians seek to maximize political freedom and autonomy. Key proponents: Robert Nozick, Murray Rothbard

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Legal Formalism

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A legal positivist theory that the judiciary is to interpret law as it is written, without bringing in considerations of social or moral implications. Key proponents: Christopher Langdell, Roscoe Pound

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Marxist Legal Theory

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A viewpoint that sees law as an instrument of oppression and control by the dominant socioeconomic class. Key proponents: Karl Marx, Evgeny Pashukanis

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Civil Law System

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A legal system originating in Europe, characterized by comprehensive legislative codes, and relying less on court decisions. Key proponents: Napoleon Bonaparte

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Common Law System

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A system of law based on precedent and customs. Key proponents: Henry II of England, Sir William Blackstone

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Religious Law

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A legal system where the law is based upon religious precepts, examples include Islamic Sharia, Jewish Halakha, and Canon Law. Key proponents: Various religious leaders

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Socialist Law

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A type of legal system which typically features comprehensive state ownership and centralized control over the economy. Key proponents: Vladimir Lenin, Mao Zedong

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International Law

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A body of rules established by custom or treaty and recognized by nations as binding in their relations with one another. Key proponents: Hugo Grotius, Henry Wheaton

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Restorative Justice

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A system of criminal justice which focuses on the rehabilitation of offenders through reconciliation with victims and the community at large. Key proponents: Howard Zehr, John Braithwaite

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Transitional Justice

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A response to systematic or widespread human rights violations that provides recognition for victims and promotes possibilities for peace, reconciliation, and democracy. Key proponents: Ruti Teitel

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Law and Economics

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A field of study that applies economic theory to the analysis of law. Key proponents: Richard Posner, Guido Calabresi

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Law and Society (Sociological Jurisprudence)

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A movement which examines law within its social context, asserting that law is a social construct influenced by various societal forces. Key proponents: Roscoe Pound, Max Weber

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Contractarianism

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A political theory that sees societies as originating from the voluntary agreement of individuals to create a government that will protect their mutual interests. Key proponents: Thomas Hobbes, John Rawls

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Jurisprudence of Concepts

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A German legal theory which stands for the formalist idea that legal interpretation should be a strict logical process, and the content of laws can be deduced through formal logical mechanisms. Key proponents: Friedrich Karl von Savigny, Rudolf von Jhering

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Legal Pluralism

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A perspective that recognizes the existence of multiple legal systems within one geographic area or jurisdiction. Key proponents: Sally Falk Moore, Boaventura de Sousa Santos

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Analytical Jurisprudence

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A method of legal study that concentrates on the logical structure of law, the meanings and uses of its concepts, and the formal terms and modes of its operation. Key proponents: H.L.A. Hart, Joseph Raz

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Comparative Law

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A method of legal study that compares the different legal systems to gain a broader perspective of the function of law in society. Key proponents: Rudolf Schlesinger, Konrad Zweigert

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