This note explores the meaning of jurisprudence, the questions jurisprudence concerns itself with, and the schools of jurisprudence.
This note will provide an overview of legal positivism as one of the schools of jurisprudence. The note, while recognising that key proponents of legal positivism have varying conceptions of the nature of law and other jurisprudential inquiries, will attempt to discuss legal positivism in general terms.
This note will discuss the contributions made by Jeremy Bentham to legal positivism. The discussion below is largely derived from Bentham’s work titled Of Laws in General, published in 1970 and edited by H.L.A. Hart.
This note will discuss the contributions made by John Austin to legal positivism. These contributions are usually held to be similar to Bentham’s contributions to jurisprudence. The discussion below is largely derived from Austin’s work, titled, Austin: The Province of Jurisprudence Determined .
This note will discuss the contributions made by Herbert Lionel Adolphus Hart to legal positivism. The discussion is largely based on his book ‘The Concept of Law’. In discussing Hart’s ideas, the note will make several references to the Ghana legal system and how it reflects Hart’s ideas.
This note will briefly discuss the meaning of natural law
This note is an introduction to the contributions of Thomas Aquinas to natural law. Particularly, the note focuses on the meaning of law according to Aquinas and outlines the various kinds of laws. The contributions that will be discussed are derived from his book ‘Summa Theologiae’.
This note will discuss the meaning of the eternal law, its existence, and some characteristics.
This note will discuss the meaning of the natural law, its existence, and some characteristics.
This note will discuss the meaning of human law, its existence, and some characteristics.
his note will discuss the meaning of divine law, its existence, and some characteristics.
This note will discuss Fuller’s contribution to the development of natural law and his conception of natural law. Primarily, the note will examine his definition of natural law, his position that the law as it is cannot be separated from the law as it ought to be (as claimed by positivists), and his idea on the internal morality of law.
This note will discuss the meaning of feminism and feminist jurisprudence, the scope of feminist jurisprudence, and the areas of concern for feminist jurisprudence.
This note will discuss the topics of rape, spousal property rights, discrimination, abortion, pornography, and harmful traditional practices, among others, in light of the propositions of key feminist jurisprudential thinkers and the Ghanaian legal system. Essentially, the note will examine how various laws in the Ghanaian legal system, past and current, either promote the subjugation of women, promote and/or reflect male hegemony, or improve the situation of women in Ghana.
This note will discuss Rawls’ conception of justice as fairness, his general conception of justice, his concept of the original position and its characteristics, with the most significant characteristic being the veil of ignorance, and his two principles of justice.
This note will discuss whether Ghanaian society is just in light of Rawls’ theory of justice. The note will focus more on the Ghanaian legal system as a part of the Ghanaian basic structure. The discussion below is largely derived from Rawl’s work, titled A Theory of Justice, originally published in 1971
This note will discuss various criticisms levelled against Rawls’s theory of justice. The note will examine criticisms from the principles of desert, strict equality, and the requirement that people should not be treated as a means to an end, among others.
This note will discuss Thomas Aquinas’s conception of justice as postulated in his book ‘Summa Theologiae.’ The note will discuss what Aquinas understands justice to represent and whether justice is a virtue, among others.
This note will discuss the meaning of punishment, the justifications for punishment, and the critique of the justifications for punishment.