Jurisprudence - Revision history

Yojukitomodele at 18:44, May 30, 2011

2011-05-30T18:44:09Z

2008-05-28T18:54:04Z

History

EdBot: Category:Legal Terms

2008-04-23T20:52:44Z

Category:Legal Terms

Aschlafly: improved

2007-11-19T03:21:38Z

improved

Huey gunna getcha: Just a start, fairly busy with school-work

2007-09-04T23:37:32Z

Just a start, fairly busy with school-work

Aschlafly: improved

2007-07-14T15:06:47Z

improved

Horace at 02:16, April 1, 2007

2007-04-01T02:16:58Z

Elamdri at 06:54, March 29, 2007

2007-03-29T06:54:44Z

Terryeo: expanded the article a little

2007-03-28T16:29:42Z

expanded the article a little

Elamdri at 23:07, March 27, 2007

2007-03-27T23:07:52Z

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 An interesting development in jurisprudential thought occurred through the debates between [[Hans Kelsen]], in his 'Pure Theory of Law' and [[Carl Schmitt]] in his 'On Dictatorship.'  The two are considered by some to be influential legal thinkers of the past century.
-Kelsen attempted to sterilize legal systems throughout a variety of cultures and generations to provide for a scientific study of law.  His efforts were designed to understand the basic component elements of law, regardless of its substance.  Kelsen's conclusions can be used to determine what makes a law valid, what laws will be followed and which will be disregarded by either the subjugated or the subjugator.  In this effort, Kelsen devised an incredibly pragmatic theory that can be used by legislators and legal decision-makers in any culture to provide for an orderly society.
+Kelsen attempted to sterilize legal systems throughout a variety of cultures and generations to provide for a scientific study of law.  His efforts were designed to understand the basic component elements of law, regardless of its substance.  Kelsen's conclusions can be used to determine what makes a law valid, what laws will be followed and which will be disregarded by either the subjugated or the subjugator.
 Schmitt's efforts were focused on an entirely different framework, as he wrote to defend an authoritarian system of governance.  Schmitt believed that to be effective, a society must be entirely homogenous (a term he refused to define throughout his publications) and must unanimously and publicly place a charismatic dictator in power.  Schmitt believed that the true failure of a democracy was in its structural apathy (i.e., the American system of checks and balances, and the difficulty in polling the public in relatively mundane issues, such as a town's citizen referendums).
-Where Kelsen was focused upon devising a theory that could be useful to anybody in a very real sense, Schmitt favored producing a theory that required a society to be formed entirely from the ground-up.  This fundamental difference proved incredibly troubling for the debate between the two authors, as neither side attempted to enter the framework of the other to produce a true sense of clash.  Instead, the debate was left ultimately unresolved as both authors preferred to have their work remain unscathed, yet produce an argumentative sense of two ships passing in the night, oblivious to the existence of the other.
+Schmitt favored producing a theory that required a society to be formed entirely from the ground-up.  This fundamental difference proved incredibly troubling for the debate between the two authors, as neither side attempted to enter the framework of the other to produce a true sense of clash.  Instead, the debate was left ultimately unresolved as both authors preferred to have their work remain unscathed, yet produce an argumentative sense of two ships passing in the night, oblivious to the existence of the other.
 == External links ==

← Older revision		Revision as of 18:54, May 28, 2008
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	Where Kelsen was focused upon devising a theory that could be useful to anybody in a very real sense, Schmitt favored producing a theory that required a society to be formed entirely from the ground-up. This fundamental difference proved incredibly troubling for the debate between the two authors, as neither side attempted to enter the framework of the other to produce a true sense of clash. Instead, the debate was left ultimately unresolved as both authors preferred to have their work remain unscathed, yet produce an argumentative sense of two ships passing in the night, oblivious to the existence of the other.		Where Kelsen was focused upon devising a theory that could be useful to anybody in a very real sense, Schmitt favored producing a theory that required a society to be formed entirely from the ground-up. This fundamental difference proved incredibly troubling for the debate between the two authors, as neither side attempted to enter the framework of the other to produce a true sense of clash. Instead, the debate was left ultimately unresolved as both authors preferred to have their work remain unscathed, yet produce an argumentative sense of two ships passing in the night, oblivious to the existence of the other.
		+
		+	== External links ==
		+
		+	*[http://dictionary.law.com/ Law Dictionary]
		+	*[http://research.lawyers.com/glossary/ Glossary of Legal Terms]

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 '''Jurisprudence''' is the science or philosophy of law.  The same word is also used to refer to the decided cases of a particular court or in a particular area of law.
-'''Jurisprudence''' is the study of law and the structure of the legal system. [[category:legal terms]]
+'''Jurisprudence''' is the study of law and the structure of the legal system. [[Category:Legal Terms]]
 [[Category:Law]]

@@ Line 1: / Line 1: @@
-Jurisprudence is the science or philosophy of law.  The same word is also used to refer to the decided cases of a particular court or in a particular area of law.
+'''Jurisprudence''' is the science or philosophy of law.  The same word is also used to refer to the decided cases of a particular court or in a particular area of law.
-Jurisprudence is the study of law and the structure of the legal system. [[category:legal terms]]
+'''Jurisprudence''' is the study of law and the structure of the legal system. [[category:legal terms]]
 [[Category:Law]]
-An interesting development in jurisprudential thought occurred through the debates between [[Hans Kelsen]], in his 'Pure Theory of Law' and [[Carl Schmitt]] in his 'On Dictatorship.'  The two are considered by many to be amongst the most influential legal thinkers of the past century.
+== History ==
 Kelsen attempted to sterilize legal systems throughout a variety of cultures and generations to provide for a scientific study of law.  His efforts were designed to understand the basic component elements of law, regardless of its substance.  Kelsen's conclusions can be used to determine what makes a law valid, what laws will be followed and which will be disregarded by either the subjugated or the subjugator.  In this effort, Kelsen devised an incredibly pragmatic theory that can be used by legislators and legal decision-makers in any culture to provide for an orderly society.

← Older revision		Revision as of 23:37, September 4, 2007
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	Jurisprudence is the study of law and the structure of the legal system. [[category:legal terms]]		Jurisprudence is the study of law and the structure of the legal system. [[category:legal terms]]
	[[Category:Law]]		[[Category:Law]]
		+
		+	An interesting development in jurisprudential thought occurred through the debates between [[Hans Kelsen]], in his 'Pure Theory of Law' and [[Carl Schmitt]] in his 'On Dictatorship.' The two are considered by many to be amongst the most influential legal thinkers of the past century.
		+
		+	Kelsen attempted to sterilize legal systems throughout a variety of cultures and generations to provide for a scientific study of law. His efforts were designed to understand the basic component elements of law, regardless of its substance. Kelsen's conclusions can be used to determine what makes a law valid, what laws will be followed and which will be disregarded by either the subjugated or the subjugator. In this effort, Kelsen devised an incredibly pragmatic theory that can be used by legislators and legal decision-makers in any culture to provide for an orderly society.
		+
		+	Schmitt's efforts were focused on an entirely different framework, as he wrote to defend an authoritarian system of governance. Schmitt believed that to be effective, a society must be entirely homogenous (a term he refused to define throughout his publications) and must unanimously and publicly place a charismatic dictator in power. Schmitt believed that the true failure of a democracy was in its structural apathy (i.e., the American system of checks and balances, and the difficulty in polling the public in relatively mundane issues, such as a town's citizen referendums).
		+
		+	Where Kelsen was focused upon devising a theory that could be useful to anybody in a very real sense, Schmitt favored producing a theory that required a society to be formed entirely from the ground-up. This fundamental difference proved incredibly troubling for the debate between the two authors, as neither side attempted to enter the framework of the other to produce a true sense of clash. Instead, the debate was left ultimately unresolved as both authors preferred to have their work remain unscathed, yet produce an argumentative sense of two ships passing in the night, oblivious to the existence of the other.

@@ Line 1: / Line 1: @@
-Jurisprudence is defined as the science or philosophy of law.  The same word is used for subdivisions also.  For example a criminal court might not have jurisprudence over a case but a civil court would.  Another example, a  higher court might send a case back to its lower court because it adjucates the area of law involved in the case is better served by the jurisprudence of the lower court.
+Jurisprudence is defined as the science or philosophy of law.  The same word is used for subdivisions also.  For example a criminal court might not have jurisprudence over a case but a civil court would.  Another example, a  higher court might send a case back to its lower court because it adjucates the area of law involved in the case is better served by the jurisprudence of the lower court. Jurisprudence can also refer to judicial precedence in common law.
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 [[Category:Law]]

← Older revision		Revision as of 23:07, March 27, 2007
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		+	[[Category:Law]]