Rightessa Team Legal constructivism represents a dynamic perspective within legal theory, emphasizing that legal principles and rules are inherently shaped by social practices, language, and shared understanding. This approach challenges traditional views of law as purely objective or mechanical, inviting a deeper exploration of the social processes that construct legal realities. Foundations of Legal Constructivism and Its … Read more
Authority and legitimacy relations form the backbone of legal systems, shaping how laws are perceived, accepted, and enforced. Understanding these dynamics is essential for grasping the foundation of jurisprudence and the stability of legal authority. Foundations of Authority and Legitimacy Relations in Jurisprudence Authority and legitimacy relations in jurisprudence serve as the foundational principles that … Read more
Deontological ethics in law form a foundational framework that emphasizes duty, principles, and moral obligations over consequentialist outcomes. This approach shapes legal principles that uphold consistent standards of justice and integrity. How do these duty-based ideals influence judicial decision-making, legal rights, and the ethical responsibilities of legal practitioners in contemporary society? Foundations of Deontological Ethics … Read more
The legitimacy of legal systems is fundamental to maintaining social cohesion and order within any society. Its quality influences perceptions of justice, authority, and stability, shaping public trust and compliance with the law. Understanding what underpins this legitimacy offers vital insights into jurisprudence, as questions of authority, moral grounds, and procedural fairness continue to shape … Read more
Legal Instrumentalism, a significant approach within law theory, emphasizes the purpose and practical outcomes of legal rules over strict adherence to formalism. It prompts critical reflection on how laws serve societal needs and influence judicial decisions. Understanding the foundations of Legal Instrumentalism reveals its focus on the instrumental function of law, contrasting it with other … Read more
The relationship between law and morality has long been a central concern in legal theory, raising questions about the foundation and legitimacy of legal systems. Understanding this dynamic is crucial for comprehending how laws reflect societal values and ethics. How do moral principles influence legal structures, and where do conflicts arise between what is lawful … Read more
Utilitarianism’s influence on law poses fundamental questions about the basis of justice and societal well-being. How do policymakers balance individual rights with the overall good, especially when dilemmas arise? These considerations shape modern legal systems worldwide. The Foundations of Utilitarianism in Legal Philosophy Utilitarianism in legal philosophy is rooted in the principle that laws should … Read more
Sovereignty remains a foundational concept in jurisprudence, shaping the legal boundaries and authority of states within the international arena. Understanding its legal implications is essential to grasp the evolving nature of state sovereignty amid global challenges. Defining Sovereignty in Jurisprudence Sovereignty in jurisprudence refers to the supreme legal authority within a state, encompassing its capacity … Read more
Justice as Fairness, a foundational concept in political philosophy, offers a compelling framework for understanding equitable legal systems and moral principles. Its principles continue to shape contemporary debates on justice, rights, and societal structures. This article explores the origins, applications, and critical discussions surrounding Justice as Fairness, providing insights into its significance within the philosophy … Read more
Critical Legal Studies (CLS) emerges as a transformative movement within legal theory, challenging traditional notions of law as an objective and neutral framework. Its focus lies in unveiling the underlying power structures embedded within legal systems. By interrogating the ideological influences that shape judicial decision-making, CLS fosters critical reflections on law’s role in perpetuating social … Read more