- published: 02 Jun 2015
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Jurisprudence is the study and theory of law. Scholars of jurisprudence, or legal theorists (including legal philosophers and social theorists of law), hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions. Modern jurisprudence began in the 18th century and was focused on the first principles of the natural law, civil law, and the law of nations. General jurisprudence can be broken into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems in two rough groups:
Answers to these questions come from four primary schools of thought in general jurisprudence:
Also of note is the work of the contemporary Philosopher of Law Ronald Dworkin who has advocated a constructivist theory of jurisprudence that can be characterized as a middle path between natural law theories and positivist theories of general jurisprudence.
Jeremy Bentham ( /ˈbɛnθəm/; 15 February 1748 – 6 June 1832) was an English author, jurist, philosopher, and legal and social reformer. He became a leading theorist in Anglo-American philosophy of law, and a political radical whose ideas influenced the development of welfarism. He is best known for his advocacy of utilitarianism and animal rights, and the idea of the panopticon.
His position included arguments in favour of individual and economic freedom, usury, the separation of church and state, freedom of expression, equal rights for women, the right to divorce, and the decriminalising of homosexual acts. He argued for the abolition of slavery and the death penalty and for the abolition of physical punishment, including that of children. Although strongly in favour of the extension of individual legal rights, he opposed the idea of natural law and natural rights, calling them "nonsense upon stilts."
He has come to be considered the founding figure of modern utilitarianism, through his own work and that of his students. These included his secretary and collaborator on the utilitarian school of philosophy, James Mill; James Mill's son John Stuart Mill; John Austin, legal philosopher; and several political leaders, including Robert Owen, a founder of modern socialism. He has been described as the "spiritual founder" of University College London (UCL), though he played little direct part in its foundation.