Analysis of Jurisprudence ThoughtsEssay Preview: Analysis of Jurisprudence ThoughtsReport this essayAnalysis of Jurisprudence Thoughts:Jurisprudence is the scientific study of law. That is, it provides a theory or explanation for the necessity of laws. Law is a body of enforceable rules governing relationships among individuals and between individuals and the society. In other words, law is minimal requirement of expectation of behavior, allowing maximum free choices to each person. Law is both substantive and procedural.
There are three schools of Jurisprudence thoughts. The first one is Natural Law. Natural Law postulates that law, rights and ethnics are based on universal moral principles inherent in nature discoverable through the human reason. That is, God through the Ten Commandments is the source of law and it is written on our conscience though interpretation may vary from culture to culture. The Ten Commandments, the Constitution, and the International law are examples of Natural Law and they originated from Aristotle. For example, “Thou shall not kill” has a universal application but its interpretation may be different depending on the culture in which you live. However, the diverse nature of our society and belief system poses a challenge for the Natural Law, because not everyone believes in the existence of god or the Ten Commandments.
Thinking of the Ten Commandments as a God-given law, and how their meaning differs from ours, can help to establish a moral and legal context for law in the 21st century. For natural law, God-given Law, and God-given Constitution, a law based upon justice, equality, and tolerance of all human beings, is the source of any laws and our moral system is derived only from those principles.
In light of all this, the question whether human beings, humans or any other human being is free from laws, rights and ethnics should be posed. For those reasons, a law of law (of nations or individuals) would help to distinguish between rights and ethics for those human beings living on earth.
As a jurisprudentialist, I am a Christian. Therefore, if we are going to build a legal system based upon God-given Principles, we must first of all have a Christian concept of justice which the principles of justice that I have outlined above, are based on. Because of this, the idea of right and wrong are not directly relevant in human life. However, they are equally valuable in natural law, the Ten Commandments, the international law, and law based on natural law.
Legal Principles and Human Jurisprudence
A Law based on Natural Law is a law that has been formulated and the following principles have been created: A law based on human reason. The principles of justice apply to that human Being that exists in the world by virtue of his will or conscience. Law based on the laws of each of those law-giving nations are called jurisprudential principles.
The principles are drawn from the human person’s experience and are based upon experience in the life of the human being (man, animal, human being, etc.) and on his or her capacity for ethical behavior. They are to be applied in the legal profession as an important and important criterion for decision-making in the judicial system. Human life is, at all times (anytime in a situation or situation), “the domain of natural law.” Natural Law applies both to individuals living in the world and to legal institutions.
In order to create a law based upon law and the Ten Commandments and the International law, there are two important things that can be understood: (1) how one can apply ethical behavior to human beings and (2) how one can apply these principles to the lives of others.
(a) If the principle of natural law and the international law apply and are both derived from the Human character and to all humanity, what does that mean? Natural Law and international law apply in one way to two human Persons and we do not know which is true. On this point, we apply the principles of ethics in human life simply because they apply in our case.
(b) If the principle of natural law and the International law apply and are derived from human character and are to all humanity, what does that mean? In other words, human beings live in all aspects of their own lives in accordance with human principles and they are to live within laws. They cannot discriminate among law-determining bodies. They have the right to be free to live without coercion, for God’s sake and because of the nature of human life. They cannot give themselves up. Laws are
Thinking of the Ten Commandments as a God-given law, and how their meaning differs from ours, can help to establish a moral and legal context for law in the 21st century. For natural law, God-given Law, and God-given Constitution, a law based upon justice, equality, and tolerance of all human beings, is the source of any laws and our moral system is derived only from those principles.
In light of all this, the question whether human beings, humans or any other human being is free from laws, rights and ethnics should be posed. For those reasons, a law of law (of nations or individuals) would help to distinguish between rights and ethics for those human beings living on earth.
As a jurisprudentialist, I am a Christian. Therefore, if we are going to build a legal system based upon God-given Principles, we must first of all have a Christian concept of justice which the principles of justice that I have outlined above, are based on. Because of this, the idea of right and wrong are not directly relevant in human life. However, they are equally valuable in natural law, the Ten Commandments, the international law, and law based on natural law.
Legal Principles and Human Jurisprudence
A Law based on Natural Law is a law that has been formulated and the following principles have been created: A law based on human reason. The principles of justice apply to that human Being that exists in the world by virtue of his will or conscience. Law based on the laws of each of those law-giving nations are called jurisprudential principles.
The principles are drawn from the human person’s experience and are based upon experience in the life of the human being (man, animal, human being, etc.) and on his or her capacity for ethical behavior. They are to be applied in the legal profession as an important and important criterion for decision-making in the judicial system. Human life is, at all times (anytime in a situation or situation), “the domain of natural law.” Natural Law applies both to individuals living in the world and to legal institutions.
In order to create a law based upon law and the Ten Commandments and the International law, there are two important things that can be understood: (1) how one can apply ethical behavior to human beings and (2) how one can apply these principles to the lives of others.
(a) If the principle of natural law and the international law apply and are both derived from the Human character and to all humanity, what does that mean? Natural Law and international law apply in one way to two human Persons and we do not know which is true. On this point, we apply the principles of ethics in human life simply because they apply in our case.
(b) If the principle of natural law and the International law apply and are derived from human character and are to all humanity, what does that mean? In other words, human beings live in all aspects of their own lives in accordance with human principles and they are to live within laws. They cannot discriminate among law-determining bodies. They have the right to be free to live without coercion, for God’s sake and because of the nature of human life. They cannot give themselves up. Laws are
On the other hand, Positivism Law states that law is the supreme will of the state that applies only to the citizens of the nation at a particular time. Therefore, law and rights and ethics are not universal. It does not matter whether the law is good or bad. No natural rights, only obligations to pay taxes, period! The Diabolic Law made by Hitler to annihilate the Jews and the handicapped children n Germany would be a good example. The premise is that the state rules, even if the ruler is a tyrant or despot like Hitler.
The Third school of Thoughts is Legal Realism and says that, Jurisprudence is based on Judges decisions and values to promote social justice. It contends that law is experiential, not logic and should reflect the social changes in our dynamic society.
Clearly, the defendants in the Nuremberg Trial in Germany were not guilty of the state law which allowed or encouraged them to perpetrate some of the worst crimes against humanity, because they were just following orders from the state (Hitler). They were citizens of the state and obeying the law of the land at that particular time.
Similarly, it would be difficult to fund any violation under Legal Realism, because the Judges would have to make the determination based on their on values and the prevailing sentiment in Germany of that time.
The only hope of conviction would be under the Natural Law, because by human reasoning they should have known that killing the innocent Jews and the handicapped