12 Facts About Legal theory

Legal theory argues that the term "justice" actually refers to two different but related ideas: general justice and particular justice.

Francisco de Vitoria was perhaps the first to develop a Legal theory of ius gentium, and thus is an important figure in the transition to modernity.

Legal theory extrapolated his ideas of legitimate sovereign power to international affairs, concluding that such affairs ought to be determined by forms respecting of the rights of all and that the common good of the world should take precedence before the good of any single state.

Legal theory emphasised that the law must meet certain formal requirements .

Legal theory positivism is the view that the content of law is dependent on social facts and that a legal system's existence is not constrained by morality.

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Legal theory believed that society was formed from a state of nature to protect people from the state of war that would exist otherwise.

Hart criticized Austin and Bentham's early legal positivism because the command theory failed to account for individual's compliance with the law.

Some philosophers used to contend that positivism was the Legal theory that held that there was "no necessary connection" between law and morality; but influential contemporary positivists—including Joseph Raz, John Gardner, and Leslie Green—reject that view.

Legal theory realism had some affinities with the sociology of law and sociological jurisprudence.

Legal theory writes, "daß die Suche nach dem Begriff des Rechts, nach seinen Bezugen zur Wirklichkeit und nach der Gerechtigkeit experimentierend voranschreitet, indem wir Problemlosungen versuchsweise entwerfen, uberprufen und verbessern" .

Legal theory argued that any rule we follow must be able to be universally applied, i e we must be willing for everyone to follow that rule.

Legal theory is widely considered one of the most important English-language political philosophers of the 20th century.