The main schools of jurisprudence in the West and their main views

There are the following sayings about the Western school of jurisprudence:

1. The school of natural law

1) On the nature of the law. The natural law school believes that law is essentially an objective law, and the law formulated by the legislator must be based on the objective law, which is the nature of the universe, nature, things and man, and is a reflection of "reason".

2) The law is eternal and unchanging nature, naturalness, sociality, and rationality. True law should be in conformity with it, especially with reason, or based on reason, which is eternal and unchanging, and has universal applicability.

3) The function and purpose of the law is to achieve public will and justice.

4) Law and its ideas should be consistent with people's values and morals, and natural law is the result of the absolute standard of man's search for justice.

2. Positivist jurisprudence

1) Focus on the analysis of the real sensitive law or "law in the strict sense", that is, the law made by the state "national law", rather than some natural law, because this kind of law can be perceived by experience and really exists, so it is also called positive law or positive law.

2) Positive law or national law is composed of legal rules and is a system of legal rules or legal norms.

3) Law is neutral and value-agnostic, that is to say, it is a purely technical and instrumental thing. "Evil law is law".

4) A good system of legal rules formulated by the legislature, that is, a system of legal rules that is formally rational is aimed at solving various social problems, and the law enforcers are only machines of legal reasoning, and should not have any discretionary power.

3. The School of Social Law

1) Law is essentially a social order, and the real and primary law is not the legal rules made by the national legislature, but the order in social legislation or the internal order of human union.

2) There is no inseparable connection between the law and the state, it is not necessarily formulated and implemented by the state organs, especially the legislature, and there are laws in the absence of the state and in the locality.

3) Law is by no means just a system of rules, but is composed of a variety of complex elements such as rules, principles, and policies, and the law itself must not be a simple rule.

4) Law is not only a system of rules, but also a process and a cause.

The natural law school attaches great importance to the objective basis and value goal of the existence of law, that is, human nature, reason, justice, freedom, equality, and order, and attaches great importance to the exploration of the ultimate value goal and objective basis of law;

The analytic school of law refers to the school of Western law that turns its perspective to the actual legal phenomena, takes utilitarian philosophy as the theoretical basis, takes empirical research as the basic research method, and takes Bentham and Austin as the main representatives, and conducts conceptual analysis and logical analysis on the basis of positive law materials.

Social Law School: Starting from the social standard, it combines the traditional methods of law with the conceptual viewpoints and theoretical methods of sociology to study legal phenomena, pays attention to the social purpose and effect of law, and emphasizes the integration of social interests without coarseness.

The school of natural law attaches great importance to the objective basis and value goal of the existence of the law of law, that is, human nature, reason, justice, freedom, equality, and order, and attaches importance to the exploration of the ultimate value goal and objective basis of law.

The school of analytic law refers to the school of Western law that turns its eyes to the actual legal phenomena, takes the utilitarian philosophers as the theoretical basis, takes empirical research as the basic research method, and takes Bentham and Austin as the main representatives, and conducts conceptual analysis, logical analysis and other analyses on the basis of positive law materials.

Social Law School: Starting from the social standard, it combines the traditional methods of law with the conceptual viewpoints and theoretical methods of sociology to study legal phenomena, pays attention to the social purpose and judgment effect of law, and emphasizes the integration of different social interests.

The three major schools of law are: 1. The natural law school. 2. Legal positivism. 3. Legal pragmatism.

1. Natural Law School: The natural law school believes that law originates from human nature and reason and exists in natural laws. They emphasize the basic principles of morality and justice and believe that the law should conform to these principles.

The natural law school emphasizes the importance of individual rights, justice, and universal moral values.

2. Legal positivism: Legal positivism is based on the philosophy of positivism and advocates the connection between legal research and social science. Legal positivists believe that law should be seen as a descriptive fact that can be studied and explained by observing social and legal phenomena.

They ignore moral judgment and see the law as an objective description of the real world. <>

3. Legal pragmatism: Legal pragmatism emphasizes the practical application and effect of law. They are concerned with the practical impact of the law on society, emphasizing problem-solving, promoting social interests and the fair application of law.

Legal pragmatists focus on the utilitarian and operable nature of law, emphasizing the practical effects and results of law.

Meaning of Jurisprudence

1. Law is the study of law, which involves the field of research, analysis and understanding of the principles, rules and systems of law. It ** the formation, application and enforcement of law, as well as the relationship between law and social, political, economic and moral aspects.

2. The main goal of law is to understand the nature, principles and values of law, as well as the function and role of law in society. By studying and interpreting legal texts, legal systems, and legal practices, jurisprudence helps people understand the norms and requirements of law, and provides society with methods and ways to solve legal problems.

3. The scope of legal research is very wide, covering various legal fields, such as criminal law, civil law, administrative law, labor law, commercial law, etc. The study of law also includes the study of legal theory, legal philosophy, legal history, legal system, legal education, etc.

4. Jurisprudence is not only concerned with the content and rules of the law, but also with the application and implementation process of the law, as well as the impact of the law on society and individuals. It involves the analysis and evaluation of the legal system, legal practice and legal reform, with the aim of promoting justice, social order and the rule of law.

5. In conclusion, law is a discipline that studies law, aiming to understand and explain the principles, rules, and practices of law in order to promote the legitimacy and justice of society. Its research on law provides a theoretical basis and methodological support for social decision-making, legal reform and judicial practice.