0

People talk about Legal Theory and I do not understand what it is. The Theory Part.

In Physics, Chemisty, Geology, Economy, Sociology... Theory is an explanation of a phenomenon( why it occurs and numbers and variables are permitted it is often the case that a Theory is highly quantitative). A theoretic scientist deals with ideas, concepts and tries to explain the observations. An experimental scientist is the one that provides the theoretic one with the observations

In Computer Science, Philosophy, Languages... Theory is an explanation of how the phenomenon occurs, i.e how to produce it.

George Ntoulos
  • 260
  • 1
  • 7

2 Answers2

1

From US Legal:

Legal theory refers to the principle under which a litigant proceeds, or on which a litigant bases its claims or defenses in a case. It can also be the law or body of rules of conduct which are of binding legal force and effect, prescribed, recognized, and enforced by a controlling authority.

It can also be used as a synonym for Jurisprudence or Philosophy of law.

Which it is has to be determined from the context.

Dale M
  • 237,717
  • 18
  • 273
  • 546
1

If you are studying law as an academic subject which, I gather from other posts, you are, then Legal Theory is the main part of Jurisprudence.

Legal Theory asks what is the nature of law?

There are a number of particular theories propounded by various jurists which attempt to answer this question. Some of the more well-known ones are

The Command Theory of Law (Austin)

The Pure Theory of Law (Kelsen)

Hart's Concept of Law

Finnis' restatement of natural law

In the academic subject of Legal Theory the various theories are studied and critiqued.

Nemo
  • 1,577
  • 8
  • 22