What Is Legal Theory In Jurisprudence Jun 2026

Unjust laws are not legally valid ( lex iniusta non est lex ). Major Thinkers: Thomas Aquinas , John Locke , Lon Fuller . 2. Legal Positivism

: Argues that law is not made by legislators but emerges organically from the spirit (Volksgeist), customs, and culture of a people. Key Differences: Jurisprudence vs. Legal Theory distinction between jurisprudence and legal theory - Filo what is legal theory in jurisprudence

There is an overlap between law and morality. An unjust law is not truly a law. As St. Thomas Aquinas famously put it, "An unjust law is a kind of corruption of law." Unjust laws are not legally valid ( lex

Law is rooted in objective morality and a higher moral order. Legal Positivism : Argues that law is not

Roberto Unger, Duncan Kennedy, Catharine MacKinnon.

The old guard. Think Aquinas, Aristotle, and moderns like John Finnis.