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Schools Of Thought

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  • #1

    Schools Of Thought

    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)
    Tags: None
  • #2
    sexy if you want us to pick a school

    then I'm going with the school of Natural Law, its closest to what i believe law and order sould be, or be taken from.

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    • #3
      What do you think was going on when Clinton was president and what do you think is going on now that Bush is president?

      By the way interesting choice with the natural law, but I personally wouldn't go for it.

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      • #4
        I'd go with Natural Law as well. I didn't really pay too much attention to what was going on for most of the Clinton years, but I'd say Bush is using command theory.

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        • #5
          You are absolutly right Lose!!! He is using the Command school of thought yet "they" say it is Natural Law...HAHA...Like we don't know!!!!!!

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          • #6
            I would say bushes term falls under analytical school.


            because he got results, no matter how he got them he got them.

            Unity of the nation being the result.

            How he got them didn't really matter, but he got it.

            One smart guy once said. How many lives is the well being of a nation worth? As many as it takes.

            Well we reached a well being after about 50,000 lives.

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            • #7
              The framers of the Constitution for the American Republic made this system based on a natural law model. Strangely enough, it is the one I agree with.

              Of course, right now, even without Bush, this system is based on command law.

              You see how the American Republic is essentially a failure?
              Achkerov kute.

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              • #8
                Originally posted by PASAMONSTER I would say bushes term falls under analytical school.


                because he got results, no matter how he got them he got them.

                Unity of the nation being the result.

                How he got them didn't really matter, but he got it.

                One smart guy once said. How many lives is the well being of a nation worth? As many as it takes.

                Well we reached a well being after about 50,000 lives.
                If you are going to say Bush is using the analytical model, you have to show it, not merely say "he got results" since results can be good and bad.

                There is no "unity of nation" as there are those of us that disagree with Herr Bush. Disunited we stand indeed. Furthermore, one can easily make an argument that there is no such thing as "nations", even though I don't prescribe to that view.

                If anything, Bush made the nation more weaker and disoriented. Maybe I understood you completely wrong, what do you mean by "unity of nation"? Since the political talking heads and beaurocrats are making the decisions in Wash., and not "the people," how is this nation united? Maybe some people don't want this?

                Your last quote about sacrificing for the nation, while may be noble, can be used in extreme ways, especially if the ruling party is a Hitleresque type of dawg. This isn't to say that I'd sacrifice myself for the Armenian people, but there is a difference between Armenian people, and "nation". Nation is that godawful central Leviathan which I despise.
                Achkerov kute.

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                • #9
                  I think any government ultimately goes by the command law. The others are matters of exterior representations -serving as facades.

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                  • #10
                    ALL of you make good points! Our goverment is said to be governed by the Natural Law School of thought. Although it is pretty obvious that in Bush's reign of presidnecy it is the Command School of thought, even though they wont expressly admit it. Now when Clinton was presidnet it was said to be the Natural Law School of thought. However, either way you look at it all schools of thought are somehow implied in our goverment. Our goverment mostly goes by morality and ethics, however in most cases ones morals and ethics can be different from anothers, this is when logic and social behavior come in to play. And sometimes decisions/cases are determined arbitrarily. Also, most of our laws and our U.S. and state Constitutions come from our history. Now philosophers that follow these schools of thought all have their arguments as to which is better, which is followed and which should be followed. It is safe to say and very obvious that during Bush's presidency it was the Command School of thought even though many that are on Bush's side would argue!

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