A Survey of Legal Theories

A Survey of Legal TheoriesA.S.A. AlothmanStudent Name201002300Student IDSocial Theories and LawCourse NameDr. Myra WilliamsonCourse InstructorMay 13, 2013Date

Kuwait International Law SchoolSpring Semester 2013A Survey of Legal TheoriesDiscussion Map2A Survey of Legal TheoriesNatural Law

A Survey of Legal TheoriesNatural LawDefinitions

This term [Natural Law] is frequently employed as equivalent to the laws of nature, meaning the order which governs the activities of the material universe. Among the Roman jurists natural law designated those instincts and emotions common to man and the lower animals, such as the instinct of self-preservation and love of offspring. In its strictly ethical applicationthe sense in which this article treats itthe natural law is the rule of conduct which is prescribed to us by the Creator in the constitution of the nature with which He has endowed us. -- [Catholic Encyclopedia]

Even though we have already confined natural law theory to its use as a term that marks off a certain class of ethical theories, we still have a confusing variety of meanings to contend with. Some writers use the term with such a broad meaning that any moral theory that is a version of moral realism that is, any moral theory that holds that some positive moral claims are literally true (for this conception of moral realism, see Sayre-McCord 1988) counts as a natural law view. Some use it so narrowly that no moral theory that is not grounded in a very specific form of Aristotelian teleology could count as a natural law view. It might be thought that there is nothing that can be done to begin a discussion of natural law theory in ethics other than to stipulate a meaning for natural law theory and to proceed from there. But there is a better way of proceeding, one that takes as its starting point the central role that the moral theorizing of Thomas Aquinas plays in the natural law tradition. -- [Stanford Encyclopedia of Philosophy]A Survey of Legal TheoriesNatural LawScholarsA Survey of Legal TheoriesDiscussion

Natural LawA Survey of Legal TheoriesLegal PositivismA Survey of Legal TheoriesLegal PositivismDefinition

Legal positivism is the thesis that the existence and content of law depends on social facts and not on its merits. The English jurist John Austin (1790-1859) formulated it thus: `The existence of law is one thing; its merit and demerit another. Whether it be or be not is one enquiry; whether it be or be not conformable to an assumed standard, is a different enquiry. -- [From Wikipedia]Characterized by Having a Uniform DefinitionA Survey of Legal TheoriesLegal PositivismScholarsA Survey of Legal TheoriesDiscussion

Legal PositivismA Survey of Legal TheoriesLegal Formalism and Legal RealismDiscussionReady to TestifyInitially EligibleLegal RealismLegal FormalismA Survey of Legal TheoriesCritical Legal StudiesDiscussionA Survey of Legal TheoriesCritical Legal StudiesCore TheoryCriticism to Confront Judiciary Corruption Conflict: Stability versus EquityAn Example from Islamic JurisprudenceNot All Judges are UnbiasedAn Islamic Source of LawA Survey of Legal TheoriesCritical Legal StudiesCore Theory: An Applicable ExampleRes judicata: definitionPurpose: adjudication stabilityTypes: Temporal::||::AbsoluteStatus in Kuwaiti Procedural and Evidence Law14A Survey of Legal TheoriesCritical Legal StudiesAn Introduction to the Message of the JudiciaryA Classical Message from the Caliph `Umar to the Governor abu Musa al-Ash`ariA Rough Translation by the StudentSelected PrinciplesMessage of the Judiciary: From the Caliph `Umar bin al-Khattaab to abu Musa al-Ash`ari ( Very rough translation by me) Five selected Principles (In Arabic): 15A Survey of Legal TheoriesCritical Legal StudiesBranchesA Survey of Legal TheoriesCritical Legal StudiesModels Within Feminist Legal TheoryEqual rights, regardless of significant physiological differences.A Survey of Legal TheoriesCritical Legal StudiesModels Within Feminist Legal TheoryActivists realized that genuine equality is tough, and the law should consider certain exemptions.A Survey of Legal TheoriesCritical Legal StudiesModels Within Feminist Legal TheoryMale dominance obstructs equality.Role of women in the Islamic courts.A Survey of Legal TheoriesCritical Legal StudiesModels Within Feminist Legal TheoryWell, not all women can work at Hooters, because certain figures and industries setup new feminine manipulation standards.null215079.3