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Studying on Integrative Jurisprudence

Author: DingJiaYu
Tutor: ChengLiaoYuan
School: Chongqing University
Course: Legal Theory
Keywords: integrative jurisprudence legal concept core methodology
CLC: D90
Type: Master's thesis
Year: 2009
Downloads: 234
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Abstract


What’s law? Is it form, value or social fact? The three legal schools have been disputing on this question for long. In the 50’s of the 20th century, there was a school called Integrative Jurisprudence, trying to integrative three law schools into an integrative school. They sought to build a "proper" and "integrative" jurisprudence. They criticized the biased and one-sided of three schools, advocated the use of integrative legal methodology, tried to integrate three major law schools into an "Integrative" law concept. And also form a distinct theoretical system, which is called Integrative Jurisprudence today. As the classic books of Edgar Bodenheimer,the main representative of Integrative Jurisprudence, elaborating the construction of his Integrative Jurisprudence theory, <Jurisprudence: the Philosophy and Method of the Law> is a very good books for the interpretation of Integrative Jurisprudence. Though Integrative Jurisprudence didn’t meld or eliminate the original three legal schools in the west. At the same time, there have been existing conflicts of politics in capitalist countries, economy and ideology. This is a kind of idealism to integrate all the three legal schools in a closed container. Integrative Jurisprudence still has a positive and far-reaching impact on the development of the western law. In China, there is a deep mark of Integrative Jurisprudence in the research of legal theory and the reforms of jurisprudence teaching materials.The whole text has four parts. The main contents sum up as follows:The first part is the survey of Integrative Jurisprudence. In this part, it has introduced the main representatives and their theory of Integrative Jurisprudence. Then, by describing and analyzing the long arguments of three legal schools which are Natural Law, Analysis Law and Social Law, even the whole western law, it has clarified the cause of the forming of Integrative Jurisprudence.The second part is the Edgar Bodenheimer’s Integrative Jurisprudence theory. In this part, it has studied on Edgar Bodenheimer’s <Jurisprudence: the Philosophy and Method of the Law>. In the regards of the system and the content, it has interpreted Edgar Bodenheimer’s contention of constructing Integrative Jurisprudence. Secondly, it has introduced and expounded Edgar Bodenheimer’s Integrative Jurisprudence theory specifically in his books. At last, in the two regards of the legal settlement and the combination of Written Law and Case Law, it has interpreted the characteristics of Edgar Bodenheimer’s Integrative Jurisprudence theory.The third part is the comparison of Integrative Jurisprudence and the three legal schools. In this part, it has pointed out that there are contacts and differences between Integrative Jurisprudence and the three legal schools in the legal concepts and the core methodologies. Then, it has compared Integrative Jurisprudence and the three legal schools from the legal concept and the core methodology. So, it has clarified themselves’particular legal concept and core methodology, and also the successions and criticisms among them.

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CLC: > Political, legal > Legal > Theory of law (Law)
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