Explore the fundamental concepts and approaches in legal theory, including the nature of law, the role of morality, and the relationship between law and society.
Introduction to Legal Theory – Study Notes
| School | Core Idea | Key Proponents | Typical Questions |
|---|---|---|---|
| Natural Law | Law reflects universal moral principles discoverable by reason. | Aquinas, Locke, Finnis | Is there a higher law that limits positive law? |
| Legal Positivism | Law is a set of rules created by recognized authorities; validity is separate from morality. | Austin, Hart, Raz | What makes a rule legally valid? |
| Legal Realism | Law is shaped by social, economic, and psychological forces; judges’ decisions are often indeterminate. | Oliver Wendell Holmes Jr., Karl Llewellyn | How do facts and bias affect outcomes? |
| Critical Legal Studies (CLS) | Law perpetuates power structures and social hierarchies; it is inherently political. | Roberto Unger, Duncan Kennedy | Who benefits from the current legal order? |
| Law and Economics | Legal rules can be analyzed using economic efficiency and cost‑benefit principles. | Richard Posner, Guido Calabresi | Does a rule maximize social welfare? |
| Feminist Jurisprudence | Law reflects patriarchal assumptions; seeks gender equality and inclusion. | Catharine MacKinnon, Robin West | How does law affect gender relations? |
| Legal Pluralism | Multiple legal orders coexist (state law, customary law, religious law). | John Griffiths, Sally Engle Merry | How do overlapping systems interact? |
| Concept | Explanation | Example |
|---|---|---|
| Normativity | Law prescribes behavior; it tells us what we ought to do. | Traffic statutes require drivers to stop at red lights. |
| Authority | Legitimacy granted to a rule‑making body (e.g., legislature). | Parliament enacts criminal codes. |
| Binding Force | The obligatory power of law over subjects. | A court order must be obeyed under threat of contempt. |
| Interpretation | The process of giving meaning to legal texts. | Judges use plain meaning, intent, or purposive approaches. |
| Rule of Law | Principle that all persons and institutions are subject to law. | No one is above the constitution. |
| Legal Reasoning | Deductive, inductive, and analogical methods used to apply law. | Applying precedent (stare decisis) to a new case. |