Explore BrainMass

Legal decision making

This content was STOLEN from BrainMass.com - View the original, and get the solution, here!

Question is:

Scholars who have studied approaches to legal decision-making by the judges have classified legal jurisprudence into a number of philosophical schools. Identify and discuss briefly the theoretical approaches to legal decision-making, emphasizing how they differ from each other.

© BrainMass Inc. brainmass.com September 20, 2018, 3:02 pm ad1c9bdddf - https://brainmass.com/political-science/political-theory/legal-decision-making-373352

Solution Preview

There are primarily three schools of legal jurisprudence or philosophy of law:

Natural law is the idea that there are rational objective limits to the power of legislative rulers. The foundations of law are accessible through human reason and it is from these preexistent laws of nature that human created laws gain whatever force they have. In that laws may be accessed through human reason, factors such as human values and mores matter a great deal in the process of formulating the law.

By ...

Solution Summary

The solution provides advise to students in the task of understanding theoretical approaches to legal decision making especially the philosophical divisions in relation to how it is practiced.