What is your legal philosophy?
What is your legal philosophy?
Legal philosophy is about the analytical and normative study of law and legal concepts. This includes questions of “what is law?” concerning the nature of law and fundamental questions about the law’s reach and authority.
What are the types of legal philosophy?
There are roughly three categories into which the topics of legal philosophy fall: analytic jurisprudence, normative jurisprudence, and critical theories of law.
What is normative legal theory?
Normative legal theory attempts to explain the nature of law almost exclusively through. philosophical analysis and clarification of the values concepts, principles, rules, modes of. reasoning entailed in or presupposed by legal doctrine.
What is customary law Kenya?
27 As customary law is unwritten law, this means that criminal offences found in customary law cannot apply in the Kenyan legal system. Customary criminal offences are therefore not part of Kenyan law. Secondly, customary law should not be inconsistent with written law.
What do legal realists believe?
Like positivists, legal realists believe that law is the product of human making. However, unlike positivists, they believe that the outcome of any issue that arises under law is dependent on the person, such as a judge, who is in the position to exercise power under the mantle of the law.
What are the five legal theories?
They are Natural, Positive, Marxist, and Realist Law theories. You may deal other theories in detail in your course on jurisprudence. Natural law theory is the earliest of all theories. It was developed in Greece by philosophers like Heraclitus, Socrates, Plato, and Aristotle.
What is the Grundnorm theory?
Basic norm (German: Grundnorm) is a concept in the Pure Theory of Law created by Hans Kelsen, a jurist and legal philosopher. The theory is based on a need to find a point of origin for all law, on which basic law and the constitution can gain their legitimacy (akin to the concept of first principles).
What is an example of customary law?
Hunting and fishing rights; Aboriginal traditional marriages; Aboriginal child care practices; Traditional distribution on death; and.
Is customary marriage legal in Kenya?
The parties must freely consent to the registration of the marriage. Registration of Customary Marriage is only applicable to Kenyans who have conducted the customary rites.
What is an example of legal realism?
For example, JEROME FRANK, who coined the term legal realism and later became a judge on the U.S. Court of Appeals for the Second Circuit, emphasized the psychological foundation of judicial decision making, arguing that a judge’s decision may be influenced by mundane things like what he or she ate for breakfast.
What is your legal philosophy? Legal philosophy is about the analytical and normative study of law and legal concepts. This includes questions of “what is law?” concerning the nature of law and fundamental questions about the law’s reach and authority. What are the types of legal philosophy? There are roughly three categories into which the…