Jurisprudence: A Beginner's Simple and Practical Guide Advanced and Complex Legal Theory

48 Pages Posted: 17 Nov 2017

Date Written: June 26, 2017

Abstract

My goal is to dispel a little of the confusion by giving an introduction to jurisprudence, the part of legal studies that attempts to construct a theory of law—what it is, how it functions, and what it should be. Jurisprudence deals with the history, philosophy, and sociology of the law. Legal authorities—cases and statutes—are written and interpreted, consciously or unconsciously, with the use of jurisprudential concepts. Jurisprudence is a theoretical subject which can also provide practical insights on how to read and understand these legal authorities.

Foreword to 2017 Edition:

My original version concentrated on private law; I have added material on textualism and originalism as used in Constitutional interpretation. Economics and the Law now has to include behavioral economics, which concentrates on how people actually behave. And I have added a discussion on the Frankfurt School’s critical method, which formed the basis for Critical Legal Studies.

Keywords: Jurisprudence, Formalism , Legal Realism, Critical Legal Studies, Law and Economics, Behavioral Economics, Textualism, Rules & Standards

JEL Classification: K100, K10,K12, K40

Suggested Citation

Kamp, Allen R., Jurisprudence: A Beginner's Simple and Practical Guide Advanced and Complex Legal Theory (June 26, 2017). Available at SSRN: https://ssrn.com/abstract=2992893 or http://dx.doi.org/10.2139/ssrn.2992893

Allen R. Kamp (Contact Author)

The John Marshall Law School ( email )

315 South Plymouth Court
Chicago, IL 60604
United States

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