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Jurisprudential Schools of Thought

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Legal Formalism

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The belief that judges apply objective principles of law, without influence of personal views; Christopher Langdell and Joseph Beale represent this approach.

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Constitutionalism

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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.

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Anarchist Legal Theory

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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.

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Legal Positivism

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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.

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Feminist Jurisprudence

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Examines law's impact on gender, advocating for equality; Catharine MacKinnon and Kimberlé Crenshaw contributed significantly to this field.

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Law and Economics

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Applies economic principles to the analysis of law; laws are seen as efficiency-driven tools; Richard Posner and Ronald Coase are important contributors.

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Marxist Legal Theory

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Views law as a tool for promoting the continuation of capitalism and class domination; Karl Marx and Friedrich Engels are the foundational thinkers.

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Legal Realism

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Emphasizes how law is actually applied; skeptical of legal formalism; Oliver Wendell Holmes Jr. and Karl Llewellyn were notable realists.

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Transnational Legal Theory

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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.

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Utilitarianism in Law

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Law should aim to maximize the greatest happiness for the greatest number; associated with Jeremy Bentham and John Stuart Mill.

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Liberal Legalism

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Emphasizes individual rights and freedoms as central to law; key proponents include John Rawls and Ronald Dworkin.

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Natural Law

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Focus on moral theory of law; laws are derived from what is inherently right; proponents include Thomas Aquinas and John Finnis.

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Critical Race Theory

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Analyzes the intersection of race and law; contends that law is instrumental in upholding racial hierarchy; Derrick Bell and Kimberlé Crenshaw are key figures.

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Critical Legal Studies

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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.

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Postmodern Jurisprudence

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Criticizes universal truths and objectivity in law; influenced by postmodern philosophy; proponents include Jacques Derrida and Drucilla Cornell.

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