Legal Theory and Jurisprudence

Legal Theory and Jurisprudence

Jurisprudence and legal theory :

  • Jurisprudence covered the wider field of law in comparison to legal theory.
  • Jurisprudence tries to investigate the law whereas legal theory tries to answer and clarify the legal concept.
  • Legal theory is the one aspect of jurisprudence whereas jurisprudence is the entire system of law.

Feminist Legal Theory

The feminist legal theory describes that the law has been instrumental in women’s historical subordination. The feminist legal theory is two-fold. Firstly, it explains the ways in which law played a role in women’s former subordinate status, and secondly, it is aimed at changing women’s status through a reworking of law and its approach to gender.

Feminist legal theory has mainly four approaches:

(i) Liberal equality model

(ii) Sexual difference model

(iii) Sexual dominance model

(iv) Postmodern and anti-essentialist model

Jurisprudence in general

Jurisprudence is the branch of the study of the philosophy of law. Modern jurisprudence began in the 18th century. One of the tasks of Jurisprudence is to construct and elucidate organizing concepts serving to render the complexities of law more manageable and more rational, and in this way, theory can help to improve practice.1 The four primary schools of thought in general jurisprudence are: Natural Law Theory, Legal Positivism, Legal Realism, and Critical Legal Studies

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