Legal theory in the context of "Sources of international law"

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⭐ Core Definition: Legal theory

Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values; and the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.

Modern jurisprudence began in the 18th century and was based on the first principles of natural law, civil law, and the law of nations. Contemporary philosophy of law addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists. Jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered:

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👉 Legal theory in the context of Sources of international law

International law, also known as "law of nations", refers to the body of rules which regulate the conduct of sovereign states in their relations with one another. Sources of international law include treaties, international customs, general widely recognized principles of law, the decisions of national and lower courts, and scholarly writings. They are the materials and processes out of which the rules and principles regulating the international community are developed. They have been influenced by a range of political and legal theories.

The U.S. Department of State lists the "sources of international lawmaking" as including "treaties, executive agreements, legislation, Federal regulations, Federal court decisions, testimony and statements before Congressional and international bodies, diplomatic notes, correspondence, speeches, press conference statements, and even internal memoranda."

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Legal theory in the context of Constitutional theory

Constitutional theory is an area of constitutional law that focuses on the underpinnings of constitutional government. It overlaps with legal theory, constitutionalism, philosophy of law and democratic theory. It is not limited by country or jurisdiction.

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Legal theory in the context of Law in action

Law in action is a legal theory, associated with legal realism, that examines the role of law, not just as it exists in the statutes and cases, but as it is actually applied in society. Law in action scholars often start with observations about the behavior of institutions and work "backwards" toward the legal philosophies guiding courts and traditional jurisprudence. As Kenneth B. Davis, Jr., Dean of the University of Wisconsin Law School has stated, "'Law in Action' . . . means that in teaching and research, no matter how interesting we find a legal theory, we always need to ask, 'How does this affect people's lives in the real world?'"

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