In class we were talking about Schools of jurisprudential thought, basically they are the schools of thought we consider our government is going by. We were comparing the school of thought our goverment was in during Clinton's presidency and Bush's presidency. Bellow are all the Schools of thought. Which school of thought would you prefer, which school of thought do you think was active during Clinton's presidency and Bush's presidency? and why? I'll put in my thoughts and the answers I got from my teacher and the book after some of you have participated.
The Natural Law School
This school of thought postulates that the law is based on what is "correct." It is a moral theory of law - that is, law should be based on morality and ethics. Natural law is "discovered" by man through the use of reason and choosing between good and evil.
The Historical School
This school of thought believes that the law is a number of social traditions and customs that have developed over the centuries. It believes that changes on the norms of society will gradually be reflected in the law.
The Analytical School
This school of thought maintains that the law is shaped by logic, results are reached by applying principals of logic to the specific facts of the case. The emphasis is on the result rather than on how the result is reached.
The Sociological School
This school of thought asserts that the law is a means of achieving and advancing certain sociological goals. The followers of this philosophy believe that that purpose of law is to shape social behavior.
The Command School
This school of thought believes that the law is a set of rules developed, communicated, and enforced by the ruling party rather than a reflection of the society's morality, history, logic, or sociology. The law changes when the ruling class changes.
The Critical Legal Studies School
This school of thought proposes that legal rules are unnecessary and are used as an obstacle by the powerful to maintain the status quo. "Crits" argue that legal disputes should be solved by applying arbitrary rules that are based on broad notions of what is "fair" in each circumstance. Under this theory, subjective decision making by judges would be permitted.
(I'm trying real hard to make a good thread, please participate, I also like to give credit to the Black Law dictionary from where I got the definitions, just so I can cover my butt)
The Natural Law School
This school of thought postulates that the law is based on what is "correct." It is a moral theory of law - that is, law should be based on morality and ethics. Natural law is "discovered" by man through the use of reason and choosing between good and evil.
The Historical School
This school of thought believes that the law is a number of social traditions and customs that have developed over the centuries. It believes that changes on the norms of society will gradually be reflected in the law.
The Analytical School
This school of thought maintains that the law is shaped by logic, results are reached by applying principals of logic to the specific facts of the case. The emphasis is on the result rather than on how the result is reached.
The Sociological School
This school of thought asserts that the law is a means of achieving and advancing certain sociological goals. The followers of this philosophy believe that that purpose of law is to shape social behavior.
The Command School
This school of thought believes that the law is a set of rules developed, communicated, and enforced by the ruling party rather than a reflection of the society's morality, history, logic, or sociology. The law changes when the ruling class changes.
The Critical Legal Studies School
This school of thought proposes that legal rules are unnecessary and are used as an obstacle by the powerful to maintain the status quo. "Crits" argue that legal disputes should be solved by applying arbitrary rules that are based on broad notions of what is "fair" in each circumstance. Under this theory, subjective decision making by judges would be permitted.
(I'm trying real hard to make a good thread, please participate, I also like to give credit to the Black Law dictionary from where I got the definitions, just so I can cover my butt)
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