Philosophy of Law – Essay Example
The paper "Philosophy of Law" is an outstanding example of a law essay.
Philosophy of law is the formulation of theories and concepts that are used in understanding the nature of law, the sources that bring about authority to the law and the role in society.
Approaches made to the philosophy of law
The first problem that is experienced in the law is the various approaches that are used in the law. In order to avoid overlapping, there is an organization that is made into three parts namely sociological jurisprudence, the theory of justice and analytical jurisprudence. Analytical jurisprudence is the approach that mainly involves articulating of the axioms, defining the terms and prescribing the methods that are best in enabling one to view the legal order (Feinberg and Gross, 60). Sociological jurisprudence is the approach that is mainly concerned with the real effects of the law upon the complex of attitudes, organizations, environments, organizations, and skills that are involved in the maintenance of a given society. The approach is also concerned with the social phenomenon on both procedural and substantive aspects of the law. The focus of the approach is that which ids descriptive as it focuses on what is or which what is going on at the time, not like the other approaches concerned with what ought to be (Feinberg and Gross, 198).
Theory of justice is the approach that is concerned with critics and evaluation of the law with consideration of goals the law is made for. In the approach, there is the use of articulation and identification of the values that the legal order seeks to realize (Pound, 25). The aspect of jurisprudence is inseparably combined with political and ethical philosophy and also the theory of justice that tends to parallel the full range of ethical and the political philosophies. The different approaches are those that constitute the philosophy of law and what is covered by the law is due to the approaches made (Troper and Verza, 87).