INTRODUCTION
Legal theory/Jurisprudence is an important concept of law which explains the existence and relevance of law in society. It explains why law is there and the function law plays in fostering social cohesion and maintaining cordial co-existence in society. This module explains what legal theory/Jurisprudence is and what it espouses. It looks at the different philosophies surrounding the concept of law, what law is and the role of law in society. Among the theories considered are, the naturalist, positivist, historical and sociological schools. The module examines each of them and explains what influence they have had on the development of law and how law and society connect.
OBJECTIVES
The objectives of this module are:
LEARNING OUTCOMES
At the end of this module you should be able to:
UNIT 1 – LEGAL THEORY/JURISPRUDENCE: AN INTRODUCTION
UNIT 2 – NATURAL SCHOOL OF THOUGHT
UNIT 3 – POSITIVIST SCHOOL OF THOUGHT
UNIT 4 – HISTORICAL SCHOOL OF THOUGHT
UNIT 5 – SOCIOLOGICAL SCHOOL OF THOUGHT
UNIT 6 – LAW AND MORALITY
UNIT 7 – LAW, POLITICS AND JUSTICE
UNIT 8 – LAW AND SOCIETY
RECOMMENDED READING:
Carlton Anyangwe. (2005). An Outline of the Study of Jurisprudence. Lusaka: UNZA Press
Hans Kelsen (2009). Pure Theory of Law. Lawbook Exchange Publishers
Hart H.L.A. (1997).The Concept of Law. Oxford: Oxford University Press
Jeremy Bentham. (1988). The Principle of Morals and Legislation. Prometheus Books Publication