PHILOSOPHY OF LAW
by aida jufaizal
1. SUMMARY FEMINIST JURISPRUDENCE sees the workings of law as thoroughly permeated by political and moral judgments about the worth of women and how women should be treated .
2. PURPOSE 1. to investigate the nature of law , especially in its relation to human values, attitudes, practices and political communities. 2. distinguish law from other systems of norms such as morality or other convention
3. DEFINITION philosophy of law or legal philosophy is concerned with providing a general philosophical analysis of law and legal institutions. issues in the field range from abstract conceptual questions about the nature of law and legal systems to normative questions about the relationship between law and morality and the justification for various legal institution .
4. PHILOSOPHER JOHN AUSTIN ( THEORY OF LEGAL POSITIVISM ) - he argued there are no necessary connection between law and morality - human legal system can and should be studied in an empirical , value-free way. - law is a social fact and reflects relations of power & obedience. - two types of view, which is law and morality are separate and legal positivism ( all human made positive laws that can be tracked back to human / lawmaker) .
5. SCOPE 1. FEMINIST JURISPRUDENCE The study of the construction and workings of the law from perspective which foreground the implications of the law for women and women's lives. it includes law as discipline and thus incorpates concerns regarding pedagogy & the influence of teachers.
6. PHILOSOPHER JEREMY GENTHAM become a leading theorist in Anglo-American philosophy of law & a political radical where ideas influenced the development of welfarism. He advocated individual and economic freedom, the seperation of church and state, freedom of expression , equal right for women , the right to divorce and the descriminialising of homosexual acts.