From Theory to Practice: Investigating Legal Jurisprudence and Theoretical Frameworks in the Pursuit of Law and Justice
This scholarly exposition endeavors to furnish a succinct panorama of the prominent theoretical frameworks that have wielded substantial influence upon the intricate tapestry of legal systems pervading global jurisprudence. It meticulously proffers a comprehensive spectrum of aspirations and perspec...
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Academic Chronicles Private Limited
2022-07-01
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| Series: | Social Science Chronicle |
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| Online Access: | https://socialsciencechronicle.com/wp-content/uploads/2022-006.pdf |
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| author | Rosa Baiona |
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| description | This scholarly exposition endeavors to furnish a succinct panorama of the prominent theoretical frameworks that have wielded substantial influence upon the intricate tapestry of legal systems pervading global jurisprudence. It meticulously proffers a comprehensive spectrum of aspirations and perspectives emblematic of the scholastic and practical echelons within the ambit of comprehending the raison d’être of law in the societal milieu. The exegesis is meticulously dissected, delineating the contrasting paradigms of formalism and originalism, both of which underscore the salience of jurisprudential standards and axioms. Formalism, an erstwhile doctrine, predicates its tenets on an unwavering obeisance to the strictures of legal texts and precedents, irrespective of the contextual crucible of social or political exigencies. A conspicuous dissonance with the cherished tenet of the rule of law emerges within this doctrinal precinct. On the converse, originalism proclaims its allegiance to the discernment of legal texts predicated upon the unblemished fidelity to the intentions of their progenitors or framers. In the latter precinct of this paper, a panoply of paradigms surfaces, comprising pragmatism, legal pluralism, and restorative justice. Each represents an ideational crucible advocating for malleability, adaptability, and pliancy within the juridical edifice. The salient tenet of pragmatism proclaims that legal precepts find their zenith when they are amenable to contextual re-calibration. Legal pluralism, in contrast, posits a milieu wherein manifold legal systems coexist, each espousing its unique norms and canons. Proponents of restorative justice are imbued with the belief that the purpose of legal strictures should transcend retribution, instead aspiring to the reparation of fractured trust and interpersonal ties. The latter segment of this research diorama scrutinizes an amalgam of theories encompassing social contract theory, procedural justice, distributive justice, and substantive justice. These ontologies present a kaleidoscope of stratagems designed to engender equity and rectitude within the legal apparatus. |
| format | Article |
| id | doaj-art-8408f5d132dc4ce38d1cb7978ec79bdd |
| institution | DOAJ |
| issn | 3048-6297 |
| language | English |
| publishDate | 2022-07-01 |
| publisher | Academic Chronicles Private Limited |
| record_format | Article |
| series | Social Science Chronicle |
| spelling | doaj-art-8408f5d132dc4ce38d1cb7978ec79bdd2025-08-20T02:59:52ZengAcademic Chronicles Private LimitedSocial Science Chronicle3048-62972022-07-012111810.56106/ssc.2022.006From Theory to Practice: Investigating Legal Jurisprudence and Theoretical Frameworks in the Pursuit of Law and JusticeRosa Baiona0University of Urbino, Urbino, ItalyThis scholarly exposition endeavors to furnish a succinct panorama of the prominent theoretical frameworks that have wielded substantial influence upon the intricate tapestry of legal systems pervading global jurisprudence. It meticulously proffers a comprehensive spectrum of aspirations and perspectives emblematic of the scholastic and practical echelons within the ambit of comprehending the raison d’être of law in the societal milieu. The exegesis is meticulously dissected, delineating the contrasting paradigms of formalism and originalism, both of which underscore the salience of jurisprudential standards and axioms. Formalism, an erstwhile doctrine, predicates its tenets on an unwavering obeisance to the strictures of legal texts and precedents, irrespective of the contextual crucible of social or political exigencies. A conspicuous dissonance with the cherished tenet of the rule of law emerges within this doctrinal precinct. On the converse, originalism proclaims its allegiance to the discernment of legal texts predicated upon the unblemished fidelity to the intentions of their progenitors or framers. In the latter precinct of this paper, a panoply of paradigms surfaces, comprising pragmatism, legal pluralism, and restorative justice. Each represents an ideational crucible advocating for malleability, adaptability, and pliancy within the juridical edifice. The salient tenet of pragmatism proclaims that legal precepts find their zenith when they are amenable to contextual re-calibration. Legal pluralism, in contrast, posits a milieu wherein manifold legal systems coexist, each espousing its unique norms and canons. Proponents of restorative justice are imbued with the belief that the purpose of legal strictures should transcend retribution, instead aspiring to the reparation of fractured trust and interpersonal ties. The latter segment of this research diorama scrutinizes an amalgam of theories encompassing social contract theory, procedural justice, distributive justice, and substantive justice. These ontologies present a kaleidoscope of stratagems designed to engender equity and rectitude within the legal apparatus.https://socialsciencechronicle.com/wp-content/uploads/2022-006.pdfcritical race theoryformalismlegal pluralismoriginalismpragmatismprocedural justicerealismrestorative justice |
| spellingShingle | Rosa Baiona From Theory to Practice: Investigating Legal Jurisprudence and Theoretical Frameworks in the Pursuit of Law and Justice Social Science Chronicle critical race theory formalism legal pluralism originalism pragmatism procedural justice realism restorative justice |
| title | From Theory to Practice: Investigating Legal Jurisprudence and Theoretical Frameworks in the Pursuit of Law and Justice |
| title_full | From Theory to Practice: Investigating Legal Jurisprudence and Theoretical Frameworks in the Pursuit of Law and Justice |
| title_fullStr | From Theory to Practice: Investigating Legal Jurisprudence and Theoretical Frameworks in the Pursuit of Law and Justice |
| title_full_unstemmed | From Theory to Practice: Investigating Legal Jurisprudence and Theoretical Frameworks in the Pursuit of Law and Justice |
| title_short | From Theory to Practice: Investigating Legal Jurisprudence and Theoretical Frameworks in the Pursuit of Law and Justice |
| title_sort | from theory to practice investigating legal jurisprudence and theoretical frameworks in the pursuit of law and justice |
| topic | critical race theory formalism legal pluralism originalism pragmatism procedural justice realism restorative justice |
| url | https://socialsciencechronicle.com/wp-content/uploads/2022-006.pdf |
| work_keys_str_mv | AT rosabaiona fromtheorytopracticeinvestigatinglegaljurisprudenceandtheoreticalframeworksinthepursuitoflawandjustice |