SLSS1001 Lecture Notes - Lecture 9: Subjective Idealism, Middle Ages, Jurisprudence
26 Jul 2018
School
Department
Course
Professor
Document Summary
Positive law: the legal rules that exist in statutes, regulations and cases. Positivism: an idea that law is what human declare it to be. Pre-socratic era: the sixth and fifth centuries bce when philosophy was first born and materialist ideas reigned. Classical era: the fifth and fourth centuries bce when idealism emerged. Jurisprudence: the theory and philosophy of law and study of the nature of law. Natural law: an idea that law has some innate high principles beyond human choice. The term is derived from the latin words juris, meaning law and prudentia meaning knowledge. It generally involves the philosophical and scientific examination into the social phenomena of law and legal systems. It aims to understand the nature, place and role of law within society. Analytical jurisprudence analyses questions concerning the meaning of law in general, as well as major concepts of law, attempting to understand the fundamental elements that comprise law.
