Philosophy of Law: Meaning and Characteristics

The philosophy of law frequently seeks to set law apart from other normative systems, such as morality or other social customs. Some of the most fundamental philosophical questions that frequently depend on and occasionally contribute to solutions include those regarding the origins of morality, justice, and rights; the nature of human action and intention; the connections between social practises and values; the nature of knowledge and truth; and the justification of political rule. As a result, the foundation of philosophy as a whole is the philosophy of law.

What does Philosophy of Law Define?

Philosophy of law typically starts by formulating and supporting general, abstract claims about the law that holds true not only for one particular legal system at one particular moment (such as the United Kingdom in 1900), but rather for all current legal systems, or maybe for all laws ever. The field of philosophy known as "philosophy of law" or "jurisprudence," or another name for it, analyses the nature of law, particularly as it relates to human ideas, attitudes, behaviours, and political societies.

Division of Philosophy of Law

Philosophy of law typically starts by formulating and supporting general, abstract claims about the law that holds true not only for one particular legal system at one particular moment (such as the United Kingdom in 1900), but rather for all current legal systems, or maybe for all laws ever. The field of philosophy known as "philosophy of law" or "jurisprudence," or another name for it, analyses the nature of law, particularly as it relates to human ideas, attitudes, behaviours, and political societies.

Analytical and Normative are the two major categories −

Analytical and normative jurisprudence are two subfields of legal philosophy. Analytical jurisprudence identifies the fundamental components of law in an effort to describe what it is and what it is not. Investigated by normative jurisprudence are both the non−legal standards that influence the law and the legal norms that emerge from the law and direct behavior. Although the terms jurisprudence and philosophy of law are frequently used interchangeably, jurisprudence occasionally includes theories of reasoning that belong to economics or sociology.

Analytic Jurisprudence

What is the law, and What connection exists between morality and the law? Are the main topic of legal philosophy in the English−speaking world for the majority of the 20th century. These philosophical discussions are sometimes referred to as "analytic jurisprudence." In an effort to comprehend the nature of law, analytical jurisprudence uses the tools of contemporary analytical philosophy. It is challenging to determine the exact scope of analytical philosophy due to the hazy nature of its borders. It is important to distinguish analytical jurisprudence from legal formalism (the idea that legal reasoning is or can be modelled as a mechanical, algorithmic process). The first to point out that legal formalism is inherently flawed as a philosophy of law was, in fact, analytical jurists.

When discussing the components of legal systems, analytical, or "clarificatory," jurisprudence adopts a detached viewpoint and use descriptive language. This intellectual development opposed the fusion of what law is and what it should be that is found in natural law. In A Treatise of Human Nature, David Hume made the infamous claim that individuals inevitably switch from presenting the world as being a certain way to claiming that we should consequently come to a particular conclusion. Pure reasoning, however, does not allow one to draw the conclusion that we should take a certain action simply because that is the case. Analysis and clarification of the way things are must therefore be considered as an issue that is totally distinct from the normative.

According to proponents of natural law theory, moral realities somehow influence what is law. Legal positivists, in contrast, contest the notion that moral facts determine something's position as law. According to legal positivists, a society's power and authority structures are the sole factors that determine whether a law is considered valid. As a result, legal positivists tend to believe that immoral laws are actually laws that may still be condemned as being morally terrible, in contrast to natural law theorists, who occasionally contest the existence of immoral laws as laws at all. John Locke and St. Thomas Aquinas (1225–1244) are renowned proponents of natural law (1632–1704). Famous legal positivists include H.L.A. Hart and John Austin (1790–1859). (1907−1992).

Normative jurisprudence

"Evaluative" theories of law are addressed by normative jurisprudence. It discusses the aim or function of law as well as the moral and political philosophies that underpin it. Questions about the law that are normative, evaluative, or otherwise prescriptive are included in normative jurisprudence. What, for instance, is the aim or reason for law? What political and moral philosophies serve as the foundation for the law? Normative theories of law incorporate three perspectives that have had an impact on modern moral and political philosophy −

• The idea that rules should be written to produce the best results is known as utilitarianism. Historically, the philosopher Jeremy Bentham is linked to utilitarian legal philosophy. Scholars that follow the tradition of law and economics usually support the utilitarian approach in modern legal theory.

• Deontology is the belief that laws should reflect our responsibility to protect others' rights and autonomy. Immanuel Kant, who developed a particularly well−known deontological theory of law, is historically linked to deontological thought regarding law. Ronald Dworkin, a modern legal philosopher, uses a different deontological perspective in his writing.

• Modern virtue ethics and other archaic moral systems place a strong emphasis on the importance of moral character. According to virtue jurisprudence, citizens' virtuous character growth should be encouraged by the laws. This strategy has historically been linked to Aristotle. Philosophical studies on virtue ethics serve as an inspiration for modern virtue jurisprudence.

Philosophy of Law from The Early 20th Century

The 20th century was unquestionably the era of legal positivism. The two leading thinkers in the philosophy of law, English legal theorist H.L.A. Hart (1907–1992) and Austrian−born jurist Hans Kelsen (1881–1973), both produced significant iterations of a positivist theory of the essence of law.

During the same time period, two "realist" schools of legal philosophy—one in Scandinavia and one in the United States—also emerged. These schools were essentially positivist in orientation, but they focused on issues that were very dissimilar from those that Kelsen and Hart considered, both philosophically (in the case of the Scandinavians) and practically (in the case of the Americans).

Conclusion

Since the inception of Western philosophy in ancient Greece, law—a fundamental component of most advanced human societies—has been the subject of philosophical thought. The important figures of the modern era—especially Hobbes, Bentham, Hart, and Kelsen—as well as the realism of legal schools continued to influence their concerns in the twenty−first century. How law and legal institutions develop in the future will ultimately determine if new paradigms in legal philosophy break from themes of the modern period.

Law and legal systems can be examined and critiqued in useful ways using legal philosophy. The philosophy of law allows one to evaluate even such underlying assumptions, employing a wide variety of philosophical notions to do so, in contrast to other types of legal reasoning, which frequently entail reasoning from accepted underlying assumptions about the law and how it operates.

Frequently Asked Questions

Q. What are the three legal theories?

The subjects of legal philosophy can be loosely divided into three groups− analytical jurisprudence, normative jurisprudence, and critical theories of law. 

Q. Who is the person who founded legal philosophy?

Hobbes is widely regarded as the founder of legal positivism, which has dominated legal philosophy since the 17th century.

Q. What is the name of the philosophy of law?

The Latin phrase juris prudentia, which means "the study, knowledge, or science of law," is where the word jurisprudence originates. Jurisprudence is a term frequently used in the US to refer to legal theory.

Q. Does philosophy play a role in law? 

Law philosophers are also interested in a wide range of philosophical issues that crop up in specific areas of the law, including tort, contract, and criminal law.

Q. Is philosophy an inherent principle? 

The idea of natural law is philosophical. It involves the notion that obligations, moral principles, and rights are part of who we are as people. Politics or legislation are not necessary. Positive law contrasts with natural law.