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Jurisprudential Schools of Thought
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Legal Formalism
The belief that judges apply objective principles of law, without influence of personal views; Christopher Langdell and Joseph Beale represent this approach.
Constitutionalism
The principle that government can and should be legally limited in its powers, and that its authority depends on enforcing these limitations; figures include Alexander Hamilton and James Madison.
Anarchist Legal Theory
Posits that state and laws are unnecessary and harmful; justice can be achieved through voluntary cooperation and mutual aid; Mikhail Bakunin and Peter Kropotkin are advocates.
Legal Positivism
Law is defined by social facts and not by its merits; laws are commands of the state; key proponents include John Austin and H.L.A. Hart.
Feminist Jurisprudence
Examines law's impact on gender, advocating for equality; Catharine MacKinnon and Kimberlé Crenshaw contributed significantly to this field.
Law and Economics
Applies economic principles to the analysis of law; laws are seen as efficiency-driven tools; Richard Posner and Ronald Coase are important contributors.
Marxist Legal Theory
Views law as a tool for promoting the continuation of capitalism and class domination; Karl Marx and Friedrich Engels are the foundational thinkers.
Legal Realism
Emphasizes how law is actually applied; skeptical of legal formalism; Oliver Wendell Holmes Jr. and Karl Llewellyn were notable realists.
Transnational Legal Theory
Addresses the global context of law, beyond nation-states; includes concepts like universal jurisdiction and transnational justice; Anne-Marie Slaughter and Philip Allott are contributors.
Utilitarianism in Law
Law should aim to maximize the greatest happiness for the greatest number; associated with Jeremy Bentham and John Stuart Mill.
Liberal Legalism
Emphasizes individual rights and freedoms as central to law; key proponents include John Rawls and Ronald Dworkin.
Natural Law
Focus on moral theory of law; laws are derived from what is inherently right; proponents include Thomas Aquinas and John Finnis.
Critical Race Theory
Analyzes the intersection of race and law; contends that law is instrumental in upholding racial hierarchy; Derrick Bell and Kimberlé Crenshaw are key figures.
Critical Legal Studies
Critical of traditional legal institutions; sees law as a means of upholding social, political, and economic power; Duncan Kennedy and Roberto Unger are known proponents.
Postmodern Jurisprudence
Criticizes universal truths and objectivity in law; influenced by postmodern philosophy; proponents include Jacques Derrida and Drucilla Cornell.
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