What are the various schools of jurisprudence?
Jurisprudence is the study of the theory and philosophy of law. It looks at how laws are created and why they exist. In Illinois, there are several schools of jurisprudence, or ways of looking at law. The most popular school of jurisprudence in Illinois is legal positivism. This specialization acknowledges that laws are created by a higher authority, like a government or a court. Legal positivists believe that laws should be interpreted as written, even if the courts find them abhorrent. This type of jurisprudence is also known as “black letter law.” Another school of jurisprudence in Illinois is natural law. This philosophy is based on the belief that there is a higher moral code governing how people should interact with each other. Natural law supporters believe that laws should not be enforced if they don’t align with this moral code. Another school of jurisprudence is critical legal studies. This approach looks at how law has been used to oppress marginalized people. It examines the way the law has been used to enforce racism and sexism and to maintain social and economic disparities in society. Finally, there is the school of legal realism. This specialization looks at the human element of law. Legal realists believe that laws should be interpreted according to their “true” meaning, which might be different than the one outlined by the legal system. These are the four most common schools of jurisprudence in Illinois. Each of these philosophies looks at law in a different way, and all of them help to shape the legal system in the state.
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