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Major Legal Philosophies
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Law and Economics
A scholarly discipline that analyzes the economic impact of laws and legal institutions and uses economic principles to suggest improvements to the law.
Process Theory
A philosophy of law that emphasizes the procedural aspects of the law over the substantive ones. Proponents argue that the integrity of legal processes directly contributes to the law's legitimacy.
Marxist Legal Theory
A methodology for the analysis of law that focuses on the relationship between legal systems and the economic base of society as understood through the lens of conflict between different social classes.
Restorative Justice
A system of criminal justice that focuses on the rehabilitation of offenders through reconciliation with victims and the community at large, often including mediated encounters between victim and offender.
Therapeutic Jurisprudence
An interdisciplinary legal approach focused on the psychological well-being of individuals involved in the legal system and aiming to produce therapeutic outcomes through legal processes.
Ecological Jurisprudence
A legal philosophy that applies ecological principles to law, with the intent of protecting ecosystems and the environment as a whole through holistic, sustainable legal frameworks.
Transcendental Idealism
A philosophical doctrine developed by Immanuel Kant that proposes that the way we experience things is shaped by the way our mind structures the sensory inputs it receives, implying a distinction between the phenomenon (the thing as it is perceived) and the noumenon (the thing in itself, which may never be fully known).
Legal Formalism
The view that legal decisions can be derived from predetermined legal rules without the influence of extra-legal considerations such as social, economic, or ethical issues.
Communitarianism
A social and political philosophy that emphasizes the importance of community in the functioning of political life, in the analysis and evaluation of political institutions, and in understanding moral values.
Deontological Ethics
An ethical framework which posits that the morality of an action should be based on whether that action itself is right or wrong under a series of rules, rather than based on the consequences of the action.
Civic Republicanism
A political philosophy that emphasizes the importance of civic virtues and the common good, and the role of citizens in the promotion of a just society.
Legal Pragmatism
A legal philosophy that suggests the best way to evaluate the law is through its practical effects and real-world outcomes rather than through abstract principles.
Utilitarianism
An ethical theory that evaluates the moral worth of an action based on its contribution to overall utility, that is the total benefit to all people affected by the action.
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.
Libertarianism
A political philosophy that upholds liberty as its core principle, advocating for minimal state intervention in the lives of citizens and the economy.
Legal Pluralism
The concept that multiple legal systems coexist in the same geographic area or amongst the same group of people.
Legal Interpretivism
An approach to law that suggests that legal rights and duties are determined not just by the written law, but also by other forms of social practice and the judiciary's interpretation of those practices.
Legal Positivism
A school of thought that laws are rules made by human beings and that there is no inherent or necessary connection between law and morality.
Feminist Jurisprudence
An approach to law that emphasizes the necessity to understand and remedy how law perpetuates gender inequalities.
Critical Race Theory
A theoretical framework that examines society and culture as they relate to categorizations of race, law, and power and seeks to confront the embedded nature of racism within legal systems and structures.
Critical Legal Studies
A movement in legal thought that applies methods from critical theory to law, emphasizing the role of social, political, and economic inequalities in shaping law.
Anarchism
A political philosophy that argues for a society without a state or government, based on voluntary cooperation and free association among individuals and groups.
Contractualism
A moral and political theory that posits that individuals consent to the rules of a social contract by mutual agreements among themselves.
Legal Realism
A theory that law should be understood as driven by the motives and the decisions of judges and the circumstances of the judiciary, rather than just the written law.
Virtue Ethics
An approach to ethics that emphasizes the virtues, or moral character, rather than duties (deontology) or consequences (utilitarianism), in questions of what is morally right or wrong.
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