Modern jurisprudence as long as the schools of thought are introduced

Representative viewpoints

Major representatives

Major masterpieces

School of exegetical jurisprudence

Study of Roman law as a norm of reason, mainly by using the method of textual interpretation, and exegetical commentaries on Roman law

Azzo (Italy)

Codiculaire

The Customary Method of Commentary

Arcusius (Italy)

General Commentary

Commentary Law School

Focusing on the interpretation of Roman law in relation to practical life, it emphasized the combination of Roman law with ecclesiastical law, customary law of Germanic law, and the law of the medieval cities, with the aim of applying Roman law. In addition to the exegetical method, it also focuses on exposition.

Baldurus (Italy)

<Compendium of Doctrines> Commentary, Commentary on the Nine Books of the Pre-Roman Code, Standard Commentary on the Late Roman Code

Baldus (Italy)

<Compendium of Doctrines> Commentary on the First Book

Classical School of Natural Law

1. In addition to state In addition to the positive law enacted by the state, there is a supra-legal natural law which is above the positive law. Natural law is based on human reason and is the ****same norm for all human beings, and all rational human beings are subject to natural law.

2. People enjoy universal natural rights, human rights are endowed, and all men are born free and equal

3. People are free to enter into contracts, and private property is sacrosanct

Grotius (Dutch)

The Law of War and Peace, On the Sea and Freedom, and The Law of Acquittal

Snowbindsar (Dutch)

Ethics, Theological-Political Treatise, Treatise on Politics

Pufendorf (German)

Essentials of Jurisprudence, Nature and the Law of Nations

Hobbes (English)

Leviathan The Body of Argument

Locke (English)

A Treatise of Government

Montesquieu (French)

On the Spirit of the Laws, Letters of the Persians, Treatise on the Causes of the Flourishing and Falling of Rome

Rousseau (Law)

On the Origin and Basis of Human Inequality

Philosophical School of Law

Philosophical methods and perspectives are used to expound the theory of law, to construct a legal system, the doctrines of jurisprudence, and the concepts of law

Kant (Germany)

Metaphysical Principles of Law

Hegel

Principles of the Philosophy of Law

School of Utilitarian Law

The instinct to "seek pleasure and avoid pain" is a human instinct, which governs all human behaviors, so the law should be based on utilitarianism, and the fundamental purpose of the legislation is to promote the greatest happiness of the greatest number of people. The fundamental purpose of legislation is to promote the greatest happiness of the greatest number of people.

Bianchin (E)

The Principles of Morals and Legislation

, A Treatise on the Slices of Government, The Criminal Law and the Theory of Compensation

James *Mill (E)

A Treatise of Government, A Treatise on Jurisprudence, A Treatise on International Law

Historical School of Law

1. Law is the embodiment of the spirit of the nation, and only the spirit of the nation is the true creator of law

1. Only the spirit of the nation is the real creator of the law

2. The formation and development of the law is spontaneous, historical, and slow, and it cannot be achieved overnight through legislative acts

3. Customary law is the law that best reflects the consciousness of the nation, is the most vital, and exists among the people in a living manner. Customary law is superior to written codes and is the best form of law

Hugo

Natural Law as a Philosophy of Positive Law, Textbook of Civic Law, Justinian's Textbook of Roman Law

Savigny

The Theory of Possessory Rights, On Legislation and the Modern Vocation of Jurisprudence, History of Roman Law in the Middle Ages, The Modern System of Roman Law

The History of Roman Law in the Middle Ages, and The Modern System of Roman Law

The History of Roman Law in the Middle Ages

The History of Roman Law in the Middle Ages System of Modern Roman Law

Puchta (German)

Customary Law, Pendleton's Textbook, Introduction to Ecclesiastical Law, Institutes of Jurisprudence

Kiker (German)

The Treatise on the German Law of the Whole (four volumes), The Treatise on the German Law of the Private Sector (three volumes)

Windhead (German)

The Theory of the Presuppositions on the Theory of Roman Law, The Effect of Conditional Achievement, Pendleton's Textbook

Mayne (English)

Ancient Law, History of the Ancient Legal System, Ancient Laws and Customs

Analytical School of Law

1. Laws are the commands of the sovereign, whether they are good or evil, and, as long as they are formulated and promulgated by the proper means, have the nature and effect of law. The law is also a law of evil.

2. The object of jurisprudence is limited to positive law, which is only to be studied analytically, and the value judgment of law is the task of ethics

Austin (E)

Determination of the Scope of Jurisprudence, Lectures on Jurisprudence

Hodland (E)

The Elements of Jurisprudence

Gray (U.S.

The Elements of Law

Law of the Law

The Elements of Law

Law of the Law

Law of the Law

The Nature and Sources of Law

The School of Purposeful Law

1. The source of law is practical purpose, and purpose is the creator of law. Law is not a spontaneous product of historical factors, but is consciously enacted by people to achieve a certain end, and that end is the interests of society.

2. The struggle for rights is advocated as a means to the end of securing the interests of society.

Yellin (German)

The Purpose of Law, The Struggle for Rights, The Wit and Seriousness of Jurisprudence

The Pragmatist School of Jurisprudence

1. understands the law as "that which is convenient to the community."

2. sees the law as a summing up and embodiment of experience. embodiment of experience, emphasizing that judges should not judge from logic alone, but from the current state of society. The idea of legal prediction, that law is a prediction of what the courts will in fact decide.

Holmes (US)

The Common Law, The Way of the Law

Brandeis (US)

The Other Man's Money, The Great Curse

Sociological School of Law

1. Human civilization consists of the control of the natural world and the control of society, and the law is the main means of social control

2. >2. Law consists of three parts: the legal order, authoritative information, and the judicial and administrative process, and as a means of social control, its task is to satisfy people's various requirements and aspirations.

3. In order to make the law a real tool of social control, it is necessary to overthrow the old concepts and methods that confine the development of jurisprudence, and to adopt the sociological jurisprudence method that focuses on the study of the actual social effects of the law.

Pound (U.S.

Jurisprudence, Introduction to the Philosophy of Law, Law and Morality, Social Control through Law

Cadora (U.S.

The Nature of the Judicial Process, The Growth of the Law, and Paradoxes of the Science of Law

The Social-Connectedness School of Jurisprudence

1. Human beings have a The nature of division of labor and cooperation, social connectivity is the gift of human beings, and only in this social connectivity of division of labor and cooperation can the needs of human beings be satisfied.

2. The linkage is the basis for the existence of the state and the law, and thus the state apparatus is an impartial institution serving the interests of society as a whole

3. International law can only be established on the basis of the linkage between states, not on the basis of state sovereignty.

Dijie (Law)

The State, Objective and Positive Law, Social Rights, Individual Rights, and the Transformation of the State, The Transformation of Public Law, Law and the State, Constitutional Theory

Durkheim (Law)

The Theory of Suicide

The School of Liberal Law

Advocates the " Liberal Law Movement," which asserted that judges must base their decisions on principles of justice and use facts accumulated during a trial, and that they should not be bound by the law, but should be free to create it.

Jani (French)

Methods and Sources of Interpretation of Positive Law in Private Law, The Science and Technology of Positive Law in Private Law

Ehrlich (Austrian)

Free Discovery of the Law and Liberal Jurisprudence, Fundamental Principles of the Sociology of Law, and The Logic of Jurisprudence

Cantorovic (German)

Jurisprudence and Sociology, The Theory of the State, Jurisprudence, Definition of Law

Interest Law School

The purpose of the law is to seek profit, so judges should be able to create laws to balance the conflicts between different interests.

Heck (German)

Legal Interpretation and Interest Jurisprudence, Conceptualism and Interest Jurisprudence, Philosophy of Law and Interest Jurisprudence

Kanltzbach

The Wisdom of the Reichsgerichtskammer

The School of Psychological Jurisprudence

1. The law is a mental activity of human beings, and by its very nature it is the result of the human psychological experience.

2. Law and morality are both human mental activities, but they are different. Morality is one-sided and deals only with duties; whereas law is two-sided and deals with rights and duties

Tarde (French)

The Laws of Mimicry, The Laws of Society

Ward (American)

The Psychological Factors of Civilization, Theoretical Sociology, Applied Sociology

Funt (German)

Physiology, Principles of Psychology, Outline of the Philosophy of Law

Petrazhitsky (Po)

Essays on the Philosophy of Law, Introduction to the Study of Law and Morals, The Doctrine of Law and State in Connection with the Doctrine of Morals

Realist School of Jurisprudence

1. Denies traditional jurisprudence and advocates the adoption of a realistic position, which holds that the law is nothing more than a now existing symbols for the various matters that now exist.

2. Opposed to the certainty of law, believing that law is something uncertain

3. Legal norms are only the legal opinion of the legislator and cannot bind the judge, who may or may not adopt them. The real law exists in the behavior of the judge

Frank (US)

Law and the Modern Spirit, The Court of First Instance: the Deepening and Reality of American Justice

Llewellyn (US)

Realist Jurisprudence - The Next Steps, Jurisprudence -Theory and Practice of Realism", "The Common Law Tradition"

The Pure School of Law

1. The law is a pure and independent social phenomenon, unconnected with other social phenomena, and its effect is independent of reality

2. The law is an abstract logical system, consisting of layers of The state and the law are one and the same, and the state is a legal phenomenon

Kelson (USA)

Pure Jurisprudence, General Theory of Law and the State, and Introduction to Statehood

New School of Natural Law

Thinks that the natural law, which originates from human reason, is the supreme master, but emphasizes the variability of natural law. Suggests that natural law is deduced from human nature, and that if it were unchanging it would be contrary to life in constant motion

Fuller (US)

Jurisprudence, The Law Exploring Itself, and The Morality of Law

Dworkin (US)

Taking Rights Seriously

Rawls (US)

The A Theory of Justice"

The New School of Analytical Law

1. Jurisprudence has to analyze the law in terms of its form, which is not a command, but a rule, and can be divided into primary and secondary rules. Primary rules create obligations, and secondary rules grant powers and rights

2. Law and morality are linked, but not connected. The legal system can only be analyzed if it is studied in relation to the social purpose and social policy of the law

Hart (E)

The Concept of Law, Law, Liberty, and Morality, and The Morality of the Criminal Law

McCormick (E)

Legal Reasoning and the Doctrine of Law, and Legal Rights and Social Democracy