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Jurisprudence Vocabulary
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Legal Positivism
A school of thought in jurisprudence that holds that laws are rules made by human beings and that there is no inherent or necessary connection between law and morality. Used to support the view that the validity of a law is not dependent on its moral correctness.
Natural Law
A philosophical belief that certain rights or values are inherent by virtue of human nature and can be universally understood through human reason. Used in jurisprudence to argue that laws should reflect moral principles inherent in human nature.
Legal Realism
An approach to jurisprudence which suggests that the real world practice of law is what determines what law is because the actions of legal actors, such as judges, sufficiently determined the outcomes of cases. Emphasizes the practical over the doctrinal.
Common Law
A legal system characterized by the practice of judges' decisions being the basis for future rulings, rather than legal codes or statutes. Used in jurisdictions like the United States and United Kingdom.
Fiat Justitia Ruat Caelum
A Latin legal phrase meaning 'Let justice be done though the heavens fall.' It signifies the belief that justice must be realized regardless of the consequences.
Lex Talionis
The law of retribution, often expressed as 'an eye for an eye'. In jurisprudence, it is the principle that a punishment should correspond in degree and kind to the offense committed.
Habeas Corpus
A legal principle that safeguards individual freedom by ensuring that no person can be held in prison without first being charged with a specific crime. This is a protection against unlawful and indefinite imprisonment.
Stare Decisis
A legal principle which dictates that courts should abide by or adhere to principles established by decisions in earlier cases. This is fundamental to common law systems and contributes to legal predictability and stability.
Civil Law
A legal system originating in Europe, intellectualized within the framework of Roman law, in which laws are written into a collection, codified, and not determined by judges. This system emphasizes legal codes and statutes.
Social Contract
A theory in philosophy that individuals have consented, either explicitly or tacitly, to surrender some of their freedoms and submit to the authority of the ruler or magistrate in exchange for protection of their remaining rights. Used to justify the legitimacy of governmental authority.
Deontology
An ethical theory that suggests actions are bound by a set of duties and that the right action is inherently moral, not because of any consequences it may produce. In jurisprudence, rules and principles are emphasized over outcomes.
Contributory Negligence
A common law defense to negligence that holds that if the plaintiff is found to have had any fault in causing their own harm, they cannot recover damages from the defendant.
Legal Interpretivism
A theory of jurisprudence that holds that the law is not just rules found in statutes but also includes the moral principles that underpin those rules, with judges interpreting law in light of those principles.
Jurisprudence
The philosophy or science of law; a body of philosophies, theories, and methods about the nature of law and legal systems.
Utilitarianism
An ethical theory that prescribes actions that maximize happiness and well-being for all affected individuals. In jurisprudence, laws are evaluated based on the degree to which they contribute to the overall good.
Rule of Law
The principle that all individuals and institutions are subject to and accountable to law that is fairly applied and enforced; the principle of government by law. It is fundamental to a just society in jurisprudence.
Legal Formalism
A perspective in jurisprudence that views the law as a science with strict and unchanging principles applied by judges through a mechanical process. It assumes a separation between law and morality.
Moral Relativism
The view that moral or ethical propositions do not reflect objective or universal moral truths but instead make claims relative to social, cultural, historical, or personal circumstances. In jurisprudence, this informs the understanding that laws may vary significantly between societies.
Equity
A branch of law that developed alongside common law to remedy some of its strictness and rigidity, focusing on fairness and justice, often imposing ethical standards rather than legal rules.
Mens Rea
A fundamental element of criminal responsibility in common law jurisdictions, meaning 'guilty mind'. It refers to the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action (actus reus).
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