This document contains a complete and an all-inclusive guide to LJU4801 STUDY SUMMARY NOTES 2022.
Legal Philosophy
Types of philosophers:
Pre- Modern:
they focused on:
a) The common good (community) – rather than the individual
b) Their thinking focused on metaphysical/ religious beliefs
...
Types of philosophers:
Pre- Modern:
they focused on:
a) The common good (community) – rather than the individual
b) Their thinking focused on metaphysical/ religious beliefs
c) They believed in natural law
Modern Philosophies
All focus on the individual rather than the community
a) Moderns:
they tried to replace religious belief with the scientific and rational
investigation of law.
They reject natural law as metaphysical nonsense that must be
replaced with a scientific method
They include:
- Social contractarians = Hobbes and Locke
- Legal positivism = Bentham, Austin and Hart
- American Realism
b) Late moderns:
realized that science alone couldn’t save mankind, they said that
values and principles also played a role in the law, but these values
and principles must be established rationally = they believe that
rational debate is needed about shared values (different from the
moderns)
They include:
- Dworkin
- Rawls
Post Moderns:
have the same idea of crisis, but don’t believe that the crisis can be
resolved by looking at universal values = they therefore criticized the
idea of a rational legal order and start looking at what the moderns
would call irrational modes of thinking
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They include:
- critical legal studies
- Feminists
They reject the individualism and rationalism of the moderns and
instead use deconstruction and other methods to criticize traditional
legal thinking
CLS notes do not replace prescribed materials. Publishing, sale and/or distribution of CLS notes in any
manner or form is strictly prohibited and constitutes a breach of copyright.
CLS notes do not replace prescribed materials. Publishing, sale and/or distribution of CLS notes in any
manner or form is strictly prohibited and constitutes a breach of copyright.
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