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  1. legal philosophy
    the branch of philosophy concerned with the law and the principles that lead courts to make the decisions they do
    Legal philosophy has many aspects, but four of them are the most common.
  2. conceptualism
    the doctrine that the application of a general term to various objects indicates the existence of a mental entity that mediates the application
    Formalism, or conceptualism, treats law like math or science.
  3. legal principle
    a principle underlying the formulation of jurisprudence
    Formalists believe that a judge identifies the relevant legal principles, applies them to the facts of a case, and logically deduces a rule that will govern the outcome of the dispute.
  4. dichotomy
    a classification into two opposed parts or subclasses
    Apart from the realist-formalist dichotomy, there is the classic debate over the appropriate sources of law between positivist and natural law schools of thought.
  5. continuum
    an extent in which no part is distinct from adjacent parts
    Some scholars think that it is more appropriate to think about jurisprudence as a continuum.
  6. proponent
    a person who argues for a cause or puts forward an idea
    In contrast, proponents of legal realism believe that most cases before courts present hard questions that judges must resolve by balancing the interests of the parties and ultimately drawing an arbitrary line on one side of the dispute.
  7. moral philosophy
    the philosophical study of moral values and rules
    They argue that moral philosophy, religion, human reason and individual conscience are also integrate parts of the law.
  8. integrate
    make into a whole or make part of a whole
    They argue that moral philosophy, religion, human reason and individual conscience are also integrate parts of the law.
  9. deduce
    reason from the general to the particular
    Formalists believe that a judge identifies the relevant legal principles, applies them to the facts of a case, and logically deduces a rule that will govern the outcome of the dispute.
  10. logically
    according to logical reasoning
    Formalists believe that a judge identifies the relevant legal principles, applies them to the facts of a case, and logically deduces a rule that will govern the outcome of the dispute.
  11. analyze
    break down into components or essential features
    The first and the most prevalent form of jurisprudence seeks to analyze, explain, classify, and criticize entire bodies of law.
  12. realism
    the attribute of accepting the facts of life
    In contrast, proponents of legal realism believe that most cases before courts present hard questions that judges must resolve by balancing the interests of the parties and ultimately drawing an arbitrary line on one side of the dispute.
  13. prevalent
    most frequent or common
    The first and the most prevalent form of jurisprudence seeks to analyze, explain, classify, and criticize entire bodies of law.
  14. arbitrary
    based on or subject to individual discretion or preference
    In contrast, proponents of legal realism believe that most cases before courts present hard questions that judges must resolve by balancing the interests of the parties and ultimately drawing an arbitrary line on one side of the dispute.
  15. derive
    come from
    The word jurisprudence derives from the Latin term juris prudentia, which means "the study, knowledge, or science of law."
  16. inclination
    the act of bending forward
    This line, realists maintain, is drawn according to the political, economic, and psychological inclinations of the judge.
  17. question
    a sentence of inquiry that asks for a reply
    The fourth body of jurisprudence focuses on finding the answer to such abstract questions as What is law?
Created on 二月 15, 2011

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