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:

• To explain what legal theory/jurisprudence is
• To examine the theoretical foundations on the existence of law
• To examine the theoretical views on how law works as a social cohesion mechanism
• To identify and examine the different theories/schools of thought on what law is
• To examine the views of the different theories of law on the influence law has on society.

LEARNING OUTCOMES

At the end of this module you should be able to:

• Know and explain what legal theory/jurisprudence is
• Know and explain the different theoretical foundations on the existence of law
• Know and explain the different theoretical views on law as a mechanism for social cohesion
• Identify and explain what the views of the different schools of thought are on law
• Know and explain the views of the different theories on the influence of law on society

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