中华网通行证
用户名 密码
  教育动态 菁菁校园 英语在线 学历考试 资格认证 留学移民 在线题库 家庭教育 招聘求职  

西方法理学上的一则经典案例 (2)

  
  Apart from different types of jurisprudence, different schools of jurisprudence exist. Formalism, or conceptualism, treats law like math or science. Formalists believe that a judge identifies the relevant legal principles, applies them to the facts of a case, and logically deduces a rule that will govern the outcome of the dispute. In contrast, proponents of legal realism believe that most cases before courts present hard questions that judges must resolve by balancing the interests of the parties and ultimately drawing an arbitrary line on one side of the dispute. This line, realists maintain, is drawn according to the political, economic, and psychological inclinations of the judge. Some legal realists even believe that a judge is able to shape the outcome of the case based on personal biases.
  Apart from the realist-formalist dichotomy, there is the classic debate over the appropriate sources of law between positivist and natural law schools of thought. Positivists argue that there is no connection between law and morality and the the only sources of law are rules that have been expressly enacted by a governmental entity or court of law. Naturalists, or proponents of natural law, insist that the rules enacted by government are not the only sources of law. They argue that moral philosophy, religion, human reason and individual conscience are also integrate parts of the law.
  There are no bright lines between different schools of jurisprudence. The legal philosophy of a particular legal scholar may consist of a combination of strains from many schools of legal thought. Some scholars think that it is more appropriate to think about jurisprudence as a continuum.
  The above mentioned schools of legal thoughts are only part of a diverse jurisprudential picture of the United States. Other prominent schools of legal thought exist. Critical legal studies, feminist jurisprudence, law and economics, utilitarianism, and legal pragmatism are but a few of them.

 

中华网
新闻检索



中华网推荐

·国家级治脑病新药思维源
·中藏药治疗脑病新突破
·治类风湿,强直性脊柱炎
·养肾·痛风·长寿
·肝病泌尿脑萎缩新药介绍
·强直性脊柱炎康复乐园
·让中医辩证不孕不育
·国医治股骨头坏死一绝
·乙肝为何久治不愈?
·二千元垄断批发做老板
·中医中药专治前列腺
·治牛皮癣白癜风已成现实
·专治痛风病的白衣天使
·不孕不育的杏林奇葩
·专卖店零售管理系统



 



相关报道

﹣更多本栏目文章
上海考场新动向:春季高考降温 考研升温 
如何“一报一个准儿” 
专业名称 你“误会”了多少 
选择志愿三项禁忌 
962586电话预定火车票 
素质测试悄然进校园 
全国中学生英语口语决赛举行 
上海大学生新的教学模式创造出更多科技成果 

教育中心主编信箱
版权声明 | 联系方法 | 刊登广告 | 使用说明 | 关于中华网 | 豁免条款
版权所有 中华网 china.com