Rightessa Team 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
The concept of legal personality in corporations forms a fundamental pillar of modern jurisprudence, enabling entities to acquire rights and obligations distinct from their human founders. This legal recognition raises important questions about corporate autonomy and accountability. Understanding the jurisprudential foundations of corporate legal personality is essential to appreciating how courts have shaped the rights, … Read more
The concept of sovereignty remains a fundamental yet complex element within the philosophy of law, shaping the very nature of state authority and independence. Its proper understanding is crucial for analyzing legal systems and international relations. How does sovereignty define the power of a state amid evolving global influences and legal limitations? Exploring its dimensions … Read more
Legal Realism challenges traditional notions of law by emphasizing its social and practical dimensions. How do judicial decisions truly unfold beyond written statutes, and what influences their outcomes in real-world contexts? Recognized as a pivotal perspective within legal theory, Legal Realism offers critical insights into the dynamic relationship between law, society, and judicial behavior. Foundations … Read more
Legal capacity serves as a foundational concept in jurisprudence, determining an individual’s ability to hold rights and assume legal obligations. Understanding its principles is essential for interpreting how law protects and regulates personal autonomy across various contexts. Understanding Legal Capacity in Jurisprudence Legal capacity in jurisprudence refers to an individual’s recognized ability to acquire rights … Read more