Nobody downloaded yet

Jurisprudence (law) - Essay Example

Comments (0) Cite this document
Summary
When the Feminist movement first commenced in the 1960s the major focus remained on achieving equality with men and feminist jurisprudence focused upon persuasive presentation to those in authority about the necessity to provide equal treatment to all individuals, defining…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER93.5% of users find it useful
Jurisprudence (law)
Read TextPreview

Extract of sample "Jurisprudence (law)"

Download file to see previous pages being derived from a male perspective, therefore the basic question that arises is whether the assumption that law is neutral and can provide a fair hearing to all parties is justified. As a result, several feminist theories have been advanced – most notably, the equality theories, standpoint theories, ethics of care and postmodernism, all of which are examined below. These theories raise the question of whether existing universal standards and practices are indeed universal or whether in a social and legal context, long established norms conditioned from a male perspective need re-examination. While the goal of feminist jurisprudence remains the acquisition of equality for women on par with women, can this equality be achieved in the eyes of the law by gender neutral methods of analysis? As highlighted below, through an examination of the theories, it may be noted that it appears that sex is not an issue that can be so dismissed.
This is the basic principle underlying the question of equal rights before the law for both men and women. Jurisprudence has remained a traditional male bastion with existing legal theories conditioned upon the premise of the “individual” as the philosophical basis for the legal system. Hence, earlier struggles for equal rights by women were centered upon proving to the higher authorities that women deserved equal treatment, but this was still on the basis that they were individuals. Feminist jurisprudence questions whether the “individual” as conceived in law is itself relevant?
For example, MacLaughlin points out that the liberal perspectives of law as a fair and just system that protects is rights of all individuals is based upon treating all persons indiscriminately – but how can such a universal standard be defined in the context of differing constituencies and differing conceptions?3 While she upholds the feminist view that the rights of women as individuals must be upheld, she does not view this as being exclusive ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Jurisprudence (law) Essay Example | Topics and Well Written Essays - 5000 words”, n.d.)
Retrieved from https://studentshare.org/miscellaneous/1536648-jurisprudence-law
(Jurisprudence (law) Essay Example | Topics and Well Written Essays - 5000 Words)
https://studentshare.org/miscellaneous/1536648-jurisprudence-law.
“Jurisprudence (law) Essay Example | Topics and Well Written Essays - 5000 Words”, n.d. https://studentshare.org/miscellaneous/1536648-jurisprudence-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Jurisprudence (law)

Jurisprudence Law

...? Jurisprudence Law Jurisprudence Law Positive law makes a remarkable different approach from the moral necessity law concept. The law should not be a demonstration of internal and external imperatives that should be obeyed, flowing as it does from philosophical and metaphysical essences and urgencies. Law is a social fact and the legal order is different from ethics perplexities. Positive law rests on the conditions of action, command, and sovereignty. This implies that contraventions of commands issued by those in political power is an infraction thereof and allows punishment. The...
8 Pages(2000 words)Essay

Law Discussion: Jurisprudence

...by Men and Women, (Albany, NY: State University of New York Press, 1984). Tamanaha, B.Z. A General Jurisprudence of Law and Society. (Oxford, UK: Oxford University Press, 2001). Articles/Journals Allan, T.R.S ‘Parliamentary Sovereignty: Lord Denning’s Dexterous Revolution.’ (1983)3(1) Oxford Legal Studies, 22-33. Bix, Brian. ‘On the Dividing Line Between Natural Law Theory and Legal Positivism.’ (2000)75(5) Notre Dame Law Review, 1613-1624. George, Robert, P. ‘Natural Law.’ (2008) 31 Harvard Journal of Law and Public Policy. 171-196. Hart, H.L. A. ‘Positivism and the Separation of Law and Morals.’ (1958) 71 Harvard...
8 Pages(2000 words)Essay

Jurisprudence: There is no such thing as Quaker law

... Task Jurisprudence: “There is no such thing as Quaker law.” Introduction According to Finns1 law involves operating using rationale, recognizing and working with this law to the benefit of universal good and human rights. Quakerism as defined by Clarkson is the practical application of Christianity, living a life bond by the gospel and separated from man’s ways. So is there a Quaker law? Yes. To support this answer I will have to put to light what Quakerism is, who Quakers are, and what is law, if the rationale behind law supports Quakerism ways of living as law. In addition, I will highlight what is documented by scholars about Quakerism. Are Quakers a community? Quakers have forever endured prejudice and misunderstanding... as an accepted...
15 Pages(3750 words)Essay

The Role of the Schools of Jurisprudence in Preserving Islamic Law

...? The Role of the Schools of Jurisprudence in Preserving Islamic Law The Role of the Schools of Jurisprudence in Preserving Islamic Law The Islamic law refers to Sharia that is an Arabic word meaning "the right path." The Islamic law governs all aspects of the Muslim life, which include their religious practices, financial dealings, family matters, and all daily routines. The Islamic law originates from the holy book of Islam, Quran, the sayings, practices, and teachings of the Prophet Mohammed, Sunna, and the interpretations of Prophet Mohammed teachings by Muslim legal academicians. The Islamic law...
6 Pages(1500 words)Essay

Equity as a Framework of Law. History of Equity Jurisprudence

...? Equity as a Framework of Law Annotated Bibliography Falcony Tella M J, Equity and Law (2nd, Martinus Nijhoff Publishers, Leiden 2008) Equity is a mix of legal theory, legal dogma, justice theory, the philosophy of law, among others. The author uses a methodology that seeks to facilitate agreement focus of values, norms, and facts that have characterized the evolution of the equity concept. The book also covers the relationship between the jurisprudence of equity and equity in the various branches of law, while providing a relevant background for the topic, especially with regards to the history of equity jurisprudence. Eaton J, Handbook...
12 Pages(3000 words)Essay

Jurisprudence in Law

...in a societal field. References: R.A. Macdonald and M-M Kleinhans, "What is a critical legal pluralism" Canadian Journal of Law and Society, 1997, Vol. 12, No 1, p. 25 Griffiths, John. "What is Legal Pluralism", Journal of Legal Pluralism and Unofficial Law, No. 24, 1986, p.3 Clifford Geertz, "Local Knowledge: Fact and Law in Comparative Perspective" in Local Knowledge: Further Essays in Interpretive Anthropology (New York: Basic Books, 1983) 167. Merry, Sally Engle, Colonizing Hawaii, The Cultural Power of Law. Princeton, NJ: Princeton University, 1988. B. Z. Tamanaha, "The Folly of the Social-Scientific Version of Legal Pluralism" Journal of...
3 Pages(750 words)Essay

Natural Law Jurisprudence

...Natural Law Jurisprudence automatically lends itself to the teleological approach" "Natural Law," or " jus naturale" , was largely used in thephilosophical speculations of the Roman jurists , intends to denote a system of rules and principles for the guidance of human conduct which, independently of enacted law or of the systems peculiar to any one people, might be discovered by the rational intelligence of man, and would be found to grow out of and conform to his nature, meaning by that word his whole mental, moral, and physical constitution. In ethics, it consists in practical universal judgments which man himself elicits. (source: Black's Law...
6 Pages(1500 words)Essay

The common law and equity systems of jurisprudence

...The common law and equity systems of jurisprudence 2006 Outline: A) The origin of equity legal system B) The common law and equity systems of jurisprudence C) The distinctions between the common law and equity D) Conclusion The origin of the legal system of equity takes root in the English legal system. It developed out of the Chancery Courts of England where Chancellor was addressed to prevent injustices and enforce rights. Equity developed in England as a separate body of law because the common law courts couldn’t provide a remedy for every injury in their adherence to rigid writs and forms of action. So the cases...
6 Pages(1500 words)Essay

Law- jurisprudence

...Theory of Utilitarianism Utilitarianism promotes the notion that individuals should develop rational thinking, which it deems to be indispensable forleading a virtuous life. This philosophy was developed by a number of eminent thinkers, such as Jeremy Bentham and John Stuart Mill. Some of the other philosophers who contributed to this concept included Thomas Hobbes, David Hume, and John Locke (Utiliatarianism, 2000). Under this concept, rational self – interest is the fundamental reason for the existence of humans. It is natural for humans to avoid pain, suffering and unhappiness. Self – interests, include the acquisition of pleasure and happiness. A society is a group of individuals who strive hard to obtain the maximum benefit...
12 Pages(3000 words)Essay

JURISPRUDENCE LAW

...WHERE THERE IS NO COMMON POWER, THERE IS NO LAW: WHERE NO LAW, NO INJUSTICE.” ............................................................................................................................ 1. INTRODUCTION Thomas Hobbes was the most self- conscious modernizer of all times. All other natural law theorists assumed that man was by nature a social animal but Hobbes assumed otherwise. Coming to Hobbes masterpiece, Leviathan or “The Matter, Forme and Power of a Common-wealth Ecclesiastical and Civil” was the new and modern approach to philosophy was based on what is known as “resolutive – compositive” method1. Armed with this scientific approach Hobbes sought the answer to the...
8 Pages(2000 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Jurisprudence (law) for FREE!

Contact Us