Major Legal Theories
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Jurisprudence is the study of legal theories and philosophical concepts of law. For most law students, it is a core module in the final year. However, this module stands out as one of the most challenging, often baffling even the brightest students. That is why we have summarised all major legal theories for you.
Legal Centralism
Legal Centralism is the theory that views the law as a centralised and cohesive system of norms, where the state is the sole source of law that is uniformly applied across the society. This perspective often ignores or minimises the role of other forms of law or norms, such as customary or religious law, that operate within the society.
Legal Instrumentalism
Legal Instrumentalism is a theory that sees law primarily as a tool or instrument for achieving social goals, such as justice, social change, or economic development. From this perspective, the law is used by the state or other actors to direct society in certain ways, emphasising the functional aspect of law in serving specific purposes.
Legal Naturalism
Legal Naturalism, closely related to Natural Law Theory, suggests that law is based on inherent moral principles that are universal and can be discovered through human reason. This view holds that there is a natural order to the universe, and the law should reflect this natural moral order.
Legal Positivism
Legal Positivism is a theory that emphasises law as it is, rather than what it ought to be. It argues that law is a set of rules and norms created by legitimate authorities and is not necessarily connected to morality. Legal positivists focus on the sources of law and the procedures through which laws are made, without delving into questions of justice or morality inherent in the laws.
Legal Pluralism
Legal Pluralism acknowledges the coexistence of multiple legal systems within a single social field. This perspective recognises that state law is not the only normative order that regulates individuals' behaviour; other forms of regulations, like religious, customary, or community norms, also operate and interact with state law.
Legal Realism
Legal Realism is a theory that focuses on how law operates in practice, rather than what is written in statutes or legal doctrines. Legal realists argue that the behaviour of judges and the context in which laws are applied play a significant role in the outcomes of legal decisions, suggesting that law cannot be understood solely through abstract principles.
Legal Interpretivism
Legal Interpretivism is a theory that emphasises the role of interpretation in understanding and applying the law. It argues that legal texts, such as statutes and constitutions, do not have inherent meanings and that legal actors (such as judges) must interpret these texts based on societal values, historical context, and moral principles.
Procedural Naturalism
Procedural Naturalism focuses on the procedures through which laws are created and applied, asserting that the legitimacy of law derives from following correct procedures. It shares similarities with legal positivism but also incorporates elements of natural law, suggesting that there are fundamental procedural principles that all legal systems should follow.
Iusnaturalism (Natural Law)
Iusnaturalism, or Natural Law, is the theory that law is derived from certain inherent moral principles that exist independently of human creation. Natural Law theorists argue that these principles are universal and can be discovered through reason, and that human-made laws should conform to these natural principles to be valid.
Legal Skepticism
In the context of legal theory, legal skepticism questions the possibility of objective, universal principles of law. Legal Skeptics may doubt the coherence of legal systems, the objectivity of legal judgments, or the possibility of truly understanding the law. This perspective can lead to questioning the legitimacy or fairness of legal processes and decisions.
Each of these legal theories offers a distinct way of understanding the nature, purpose, and functioning of law within society, reflecting different philosophical assumptions about morality, authority, and human behaviour.
Legal Centralism
Legal Centralism is the theory that views the law as a centralised and cohesive system of norms, where the state is the sole source of law that is uniformly applied across the society. This perspective often ignores or minimises the role of other forms of law or norms, such as customary or religious law, that operate within the society.
Legal Instrumentalism
Legal Instrumentalism is a theory that sees law primarily as a tool or instrument for achieving social goals, such as justice, social change, or economic development. From this perspective, the law is used by the state or other actors to direct society in certain ways, emphasising the functional aspect of law in serving specific purposes.
Legal Naturalism
Legal Naturalism, closely related to Natural Law Theory, suggests that law is based on inherent moral principles that are universal and can be discovered through human reason. This view holds that there is a natural order to the universe, and the law should reflect this natural moral order.
Legal Positivism
Legal Positivism is a theory that emphasises law as it is, rather than what it ought to be. It argues that law is a set of rules and norms created by legitimate authorities and is not necessarily connected to morality. Legal positivists focus on the sources of law and the procedures through which laws are made, without delving into questions of justice or morality inherent in the laws.
Legal Pluralism
Legal Pluralism acknowledges the coexistence of multiple legal systems within a single social field. This perspective recognises that state law is not the only normative order that regulates individuals' behaviour; other forms of regulations, like religious, customary, or community norms, also operate and interact with state law.
Legal Realism
Legal Realism is a theory that focuses on how law operates in practice, rather than what is written in statutes or legal doctrines. Legal realists argue that the behaviour of judges and the context in which laws are applied play a significant role in the outcomes of legal decisions, suggesting that law cannot be understood solely through abstract principles.
Legal Interpretivism
Legal Interpretivism is a theory that emphasises the role of interpretation in understanding and applying the law. It argues that legal texts, such as statutes and constitutions, do not have inherent meanings and that legal actors (such as judges) must interpret these texts based on societal values, historical context, and moral principles.
Procedural Naturalism
Procedural Naturalism focuses on the procedures through which laws are created and applied, asserting that the legitimacy of law derives from following correct procedures. It shares similarities with legal positivism but also incorporates elements of natural law, suggesting that there are fundamental procedural principles that all legal systems should follow.
Iusnaturalism (Natural Law)
Iusnaturalism, or Natural Law, is the theory that law is derived from certain inherent moral principles that exist independently of human creation. Natural Law theorists argue that these principles are universal and can be discovered through reason, and that human-made laws should conform to these natural principles to be valid.
Legal Skepticism
In the context of legal theory, legal skepticism questions the possibility of objective, universal principles of law. Legal Skeptics may doubt the coherence of legal systems, the objectivity of legal judgments, or the possibility of truly understanding the law. This perspective can lead to questioning the legitimacy or fairness of legal processes and decisions.
Each of these legal theories offers a distinct way of understanding the nature, purpose, and functioning of law within society, reflecting different philosophical assumptions about morality, authority, and human behaviour.
