The Republic of Zakville (Jurisprudence) Case Study

The Republic of Zakville (Jurisprudence) - Case Study Example Each year thousands of Chinese citizens are put to death for petty offences. Many are carried out in secret and thus go unreported. Exactly what criteria nations like these employ to deal out this kind of punishment is a question that compels the investigation of different kinds of laws that operate on a society. This is jurisprudence - the theory and philosophy of law. The study aims to appreciate the elementary nature of law and examine its rationale, organization, and relevance. Viewed practically, studying law and how it functions can help find ways to improve society. Irrational laws can be attacked as being contrary to natural law and morally unjust. Together, natural laws and positive laws form the scope of jurisprudence. The word jurisprudence derives from the Latin term juris prudentia, which means "the study, knowledge, or science of law (Tyler)." It is also called the philosophy of law and there are four common aspects in legal philosophy. Jurisprudence theory can also be classified into two types of analysis: One is analytic jurisprudence which studies laws "as is". The other is normative jurisprudence which studies law that "ought to be" Analytic jurisprudence is using an unbiased view point and evocative language when discussing various aspects of the legal system. The law is viewed "as is" and considered only as it exists. Some important questions of analytic jurisprudence are: What is law What is a legal system What is the relationship between law and morality Do all societies have a legal system How should concepts like legal rights and obligations be understood Normative jurisprudence discusses what law ought to be. Also questions of morality and what values are important are looked into. Some important questions of normative jurisprudence are: What is the proper function of law What kind of criminal behavior deserves punishment and what are the permissible types of punishment What rights do people have and what is justice Does society have a duty to obey the law and what value does the rule of law have In the case of animal rights activist Miss Edwin, a trial held in secret directly contravenes general moral human laws. A fair trial one in which both sides of the case is heard by an impartial judge and jury is commonplace in many nations. Such a trial gives the defendant a chance to prove his or her innocence and reduces the chance of sending an innocent person to jail or suffer capital punishment. In the UK, the law clearly states that the accused are deemed innocent until proven guilty. This is not a law of nature