Jurisprudence

Jurisprudence is the theory and philosophy of law — the nature of law, its validity and authority, and its relation to morality and justice.

Scope

It covers legal positivism, natural law, legal realism, and interpretivism, and questions of legal validity, obligation, and adjudication.

Core questions

• What is law?
• What makes law valid and binding?
• Is there a necessary connection between law and morality?
• How do judges decide hard cases?

Key concepts

• Legal positivism
• Natural law
• Rule of recognition
• Legal validity
• Law and morality
• Adjudication

Key theories

Command theory

Austin defined law as the command of a sovereign backed by sanctions.

Refined positivism

Hart grounded law in social rules and a 'rule of recognition', separating law's existence from its merits.

Law as integrity

Dworkin argued law includes moral principles and that adjudication seeks the morally best interpretation.

History

Analytical jurisprudence runs from Austin's command theory through Hart's refined positivism to Dworkin's interpretivist critique, alongside natural-law, realist, and critical traditions.

Debates

Positivism versus natural law

Whether law's validity is independent of its moral merit (positivism) or necessarily connected to morality.

Key figures

• John Austin
• H. L. A. Hart
• Ronald Dworkin

Seminal works

• austin-1832
• hart-1961
• dworkin-1977

Frequently asked questions

What is legal positivism?

The view that the existence and content of law depend on social facts, not on its moral merit.