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Philosophy of Law

            Philosophy is the discipline that asks the fundamental questions of all areas of the human experience. Philosophy of law, which is sometimes known as jurisprudence, asks fundamental questions about the social practice of law. Philosophy of law asks not only what the nature of law is, but also its connection to morality and the interpretation of the law's meaning. There is no clearer evidence of this then in the practice of the writ of certiorari (judicial review) where the laws of the United States are interpreted by Supreme Court justices to see if the law in question is in agreement with the constitution.
             The interpretation of the law by judges is purely their philosophical view of the law. The perception of the nature of law is influenced by philosophical arguments and theories and is perceived differently depending on ones own philosophy. If you hold natural law theorists to be true then you believe that law has a deep seeded root in morality, where as legal positivist believe that any connection between morality and the law is merely coincidental and that law is not bound by morality. Another question raised about the very nature of law is whether there is a moral obligation to obey the law. Those who are traditional believe that everyone has a moral obligation to obey the law. Anarchy theorists on the other hand believe that there is no obligation to obey any law that a person deems to be wrong. These theories and arguments make the philosophy of law directly relevant to the nature of law.
            


Essays Related to Philosophy of Law

1. Ethics and Moral Philosophy

It is recognized that moral philosophy is a branch of philosophy that requires regulation, protection, and advice notion of right and wrong conduct. ... Ethics is a go together to Aesthetics in the philosophy field of Axiology. In philosophy, ethics examine the moral actions in humans, and how one should act. ... In each culture, earliest and contemporary, there are regulations or laws. ... In this we guarantee that all conditions are reliable with laws and rules locally and internationally. ...

  • Word Count: 1261
  • Approx Pages: 5
  • Has Bibliography

2. Logic, Ethics and Philosophy

Even misconceptions about philosophy are still conceptions. ... Aesthetics is the philosophy of art and beauty. ... In dealing with The Natural Law theory the most influential Natural Law theorist was Saint Thomas Aquinas. He argued that both natural and divine law is expressions of the one basic law established by God. The external law consequentialist believes that for every action there is a consequence whether it be good or bad. ...

  • Word Count: 2506
  • Approx Pages: 10

3. Logic, Ethics and Philosophy

Even misconceptions about philosophy are still conceptions. ... Aesthetics is the philosophy of art and beauty. ... In dealing with The Natural Law theory the most influential Natural Law theorist was Saint Thomas Aquinas. He argued that both natural and divine law is expressions of the one basic law established by God. The external law consequentialist believes that for every action there is a consequence whether it be good or bad. ...

  • Word Count: 2506
  • Approx Pages: 10

4. The Evolution of Philosophy

Introduction Throughout history, philosophy has been something that has changed tremendously. ... " Additionally, ethics has been a topic of copious debate between not just many philosophers including Aristotle, Plato and Socrates, but also in our current day in politics and law. ... Bentham took a key role in helping define many laws and interpret their meanings and their effectiveness through a utilitarianist lens. ... Philosophers who share this vision of the proper function of social institutions like law and morality may differ on more than the best methods to attain it. ... One thin...

  • Word Count: 1289
  • Approx Pages: 5
  • Grade Level: Undergraduate

5. Philosophy

These things are what I would argue are in the spirit and purpose of philosophy in general. So where has philosophy led us today? It seems to me that there has actually been devolution to the spirit of philosophy. ... Influenced by Aristotle, Aquinas brought more credence to the rule of law by stating the "Natural Law," from which "Human" and "Positive law" were created, was within us and this came from God's unseen Eternal law. Therefore, a secular government could exist because the laws they created come from this hierarchy of law that could only be good. ...

  • Word Count: 2968
  • Approx Pages: 12
  • Has Bibliography

6. John Locke and Liberal Political Philosophy

John Locke is one of the founders of "liberal" political philosophy, the philosophy of individual rights and limited government. ... In the Second Treatise of Government, Locke's most important political work, he uses natural law to ground his philosophy. ... They say that Locke's political philosophy is not based on natural law at all, but instead on natural rights, like the philosophy of Thomas Hobbes. ... Natural law theories hold that human beings are subject to a moral law. ... This is the basic recipe for the political philosophy of liberalism-Locke's philosophy....

  • Word Count: 550
  • Approx Pages: 2

7. Theories: Divine Command and Natural Law

The two theories are The Divine Command Theory and The Natural Law Theory. ... The simple idea of this philosophy is that God chooses what is acceptable and immoral. ... The Theory of Natural Law is known as a concept that particular rights and beliefs are characterised by virtue of human nature and human intention. ... Natural law is regularly compared with human made laws of a given political society, similarly to this way of thinking is that the law of nature describes not merely how but also how things should be. ... Natural law also has its disadvantages on of them is quite simple which i...

  • Word Count: 850
  • Approx Pages: 3
  • Has Bibliography
  • Grade Level: Undergraduate

8. Philosophy and Science

Philosophy is a value within the world that connects with methodological views we have in life. The connection may be direct or indirect within the culture system, science, art, law, religion and politics. Interacting forms with all forms, philosophy is generally substantial and open for interpretation. ... The foundation of modern science has been perceived to be based on the thoughts of philosophy. ... The generalizations of the facts were discovered through principles, concepts, laws, and proposition systems. ...

  • Word Count: 958
  • Approx Pages: 4
  • Has Bibliography

9. The Life and Philosophies of John Locke

His philosophies have many good ideas. ... John Locke's work influenced his philosophies. ... The political philosophy of Locke's adult years stemmed from the commonly accepted natural law, under which man had natural rights, not given by any ruler. ... John Locke had favored representative government and a rule of law. ... There should a known law understood by all people to be the standard of right and wrong and use them to decide controversies between them.In this state of nature there should be a judge with athourity to decide all differinces according to the established law. ...

  • Word Count: 1108
  • Approx Pages: 4
  • Grade Level: Undergraduate

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