o 4.

4Legal realism
o 4.5Critical legal studies
o 4.6Critical rationalism
o 4.7Legal interpretivism
o 4.8Therapeutic jurisprudence
 5Normative jurisprudence
o 5.1Virtue jurisprudence
o 5.2Deontology
o 5.3Utilitarianism
o 5.4John Rawls
 6See also
 7Notes
 8References
realism", which argues that the real-world practice of law determines what law is, the law having the
force that it does because of what legislators, lawyers, and judges do with it. Normative
jurisprudence is concerned with "evaluative" theories of law. It deals with what the goal or purpose of
law is, or what moral or political theories provide a foundation for the law. It not only addresses the
question "What is law?", but also tries to determine what the proper function of law should be, or
what sorts of acts should be subject to legal sanctions, and what sorts of punishment should be
permitted.

Contents

 1Etymology
 2History
 3Natural law
o 3.1Aristotle
o 3.2Thomas Aquinas
 4.3.1Thomas Hobbes
 4.3.2Bentham and Austin
 4.3.3Hans Kelsen
 4.3.4HLA Hart
 4.3.5Joseph Raz
o 4.4Legal realism
o 4.5Critical legal studies
o 4.6Critical rationalism
o 4.7Legal interpretivism
o 4.8Therapeutic jurisprudence
 5Normative jurisprudence
o 5.1Virtue jurisprudence
o 5.2Deontology
o 5.3Utilitarianism
o 5.4John Rawls
 6See also
 7Notes
 8References
 9Further reading
 10External links
Etymology[edit]
The English word is derived from the Latin, iurisprudentia.[6] Juris is the genitive form of jus meaning
law, and prudentia meaning prudence (also: discretion, foresight, forethought, circumspection). It
refers to the exercise of good judgment, common sense, and caution, especially in the conduct of
practical matters. The word first appeared in written English[7] in 1628, at a time when the
word prudence meant knowledge of, or skill in, a matter. It may have entered English via the
French jurisprudence, which appeared earlier.

History[edit]
Ancient Indian jurisprudence is mentioned in various Dharmaśāstra texts, starting with the
Dharmasutra of Bhodhayana.[8]
In Ancient China, the Daoists, Confucians, and Legalists all had competing theories of
jurisprudence.[9]
Jurisprudence in Ancient Rome had its origins with the (periti)—experts in the jus mos
maiorum (traditional law), a body of oral laws and customs.
Praetors established a working body of laws by judging whether or not singular cases were capable
of being prosecuted either by the edicta, the annual pronunciation of prosecutable offense, or in
extraordinary situations, additions made to the edicta. An iudex would then prescribe a remedy
according to the facts of the case.
The sentences of the iudex were supposed to be simple interpretations of the traditional customs,
but—apart from considering what traditional customs applied in each case—soo

ll]
a: an inflectional form of a noun, pronoun, or adjective indicating its
grammatical
: without regard to or in spite of other considerations : whatever else is done
or is the casewar is inevitable in any casein any case the report will be made
public next month
in case
: as a precautiontook an umbrella, just in case
in case of
: in the event ofin case of trouble, yell
case
noun (2)
Definition of case (Entry 2 of 3)
1a: a box or receptacle for holding somethinga display case in a museum
b: a box together with its contentsa case of beer
c: SETspecifically : PAIRa case of pistols
2a: an outer covering or housinga pastry case
b: a tube into which the components of a round of ammunition are loaded
 3: a divided tray for holding printing type
4: the frame of a door or window : CASING
case
verb
cased; casing
Definition of case (Entry 3 of 3)
transitive verb
1: to enclose in or cover with or as if with a case : ENCASEcased his coin
collection
2: to line (something, such as a well) with supporting material (such as metal
pipe) armor,
 capsule,
 casing,
 cocoon,
 cover,
 covering,
 encasement,
 housing,
 hull,
 husk,
 jacket,
 pod,
 sheath,
 shell

Synonyms: Noun (2)

 patient
Visit the Thesaurus for More
Choose the Right Synonym for case
Noun (1)

INSTANCE, CASE, ILLUSTRATION, EXAMPLE, SAMPLE, SPECIMEN mea

n something that exhibits distinguishing characteristics in its
category. INSTANCE applies to any individual person, act, or thing that may
be offered to illustrate or explain. an instance of history repeating
itself CASE is used to direct attention to a real or assumed occurrence or
situation that is to be considered, studied, or dealt with. a case of mistaken
identity ILLUSTRATION applies to an instance offered as a means of
clarifying or illuminating a general statement. a telling illustration of
Murphy's Law EXAMPLE applies to a typical, representative, or illustrative
instance or case. a typical example of bureaucratic waste SAMPLE implies
a part or unit taken at random from a larger whole and so presumed to be
typical of its qualities. show us a sample of your work SPECIMEN applies to
any example or sample whether representative or merely existent and
available. one of the finest specimens of the jeweler's art
First Known Use of case
Noun (1)

before the 12th century, in the meaning defined at sense 3a

Noun (2)

14th century, in the meaning defined at sense 1a

Verb

circa 1525, in the meaning defined at sense 1

History and Etymology for case
Noun (1)

Middle English cas, from Anglo-French, from Latin casus fall, chance,
from cadere to fall — more at CHANCE

Noun (2)

Middle English cas, from Anglo-French case, chase, from Latin capsa chest,
case, probably from capere to take — more at HEAVE ENTRY 1
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Time Traveler for case
The first known use of case was before the 12th century

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From the Editors at Merriam-Webster

The Fossil Encased in "Case In Point"

Dictionary Entries near case

cascavel
casco
Casco Bay
case
Casearia
caseation
case bay
See More Nearby Entries
Phrases Related to case
a case of mistaken identity
carrying case
case of mistaken identity
classic case
get off someone's case
get on someone's case
in that case
Statistics for case
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Cite this Entry
“Case.” Merriam-Webster.com Dictionary, Merriam-Webster,
https://www.merriam-webster.com/dictionary/case. Accessed 13 Feb. 2020.
MLA Chicago APA Merriam-WebsterStyle: MLA
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More Definitions for case

case
verb
English Language Learners Definition of case
: to study or watch (a house, store, etc.) with plans to rob it
See the full definition for case in the English Language Learners Dictionary
case
noun
\ ˈkās \
Kids Definition of case
(Entry 1 of 2)
1: a particular instance, situation, or examplea case of injustice
2: a situation or an object that calls for investigation or action (as by the
police)
3: a question to be settled in a court of law
4: a form of a noun, pronoun, or adjective showing its grammatical relation
to other wordsThe word “child's” in “the child's toy” is in the possessive case.
5: the actual situationI was called greedy, but that is not the case.
6: a convincing argumentA case could be made for promoting her.
7: an instance of disease, injury, or discomforta case of chicken pox
in any case
: no matter what has happened or been saidHe couldn't find the keys and in
any case there was no gas in the car.
in case
: for the purpose of being ready for something that might happenTake an
umbrella in case it rains.
case
noun
Kids Definition of case (Entry 2 of 2)
1: a container (as a box) for holding something
2: a box and its contentsa case of books
3: an outer covering
case
noun
\ ˈkās \
Medical Definition of case
1: the circumstances and situation of a particular person or group
2a: an instance of disease or injury10 cases of pneumonia
b: PATIENT SENSE 1
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case
noun
Legal Definition of case
(Entry 1 of 2)
1a: a civil or criminal suit or actionthe judicial power shall extend to
all cases, in law and equity, arising under this Constitution — U.S.
Constitution art. III— see also CONTROVERSY, SMALL TAX CASE
— case at bar
: a case being considered by the courtthe facts of the case at bar
— case of first impression
: a case that presents an issue or question never before decided or
considered by the court
— companion case
: a case that is heard with another case because it involves similar or related
questions of law
— test case
1: a representative case whose outcome will serve as precedent for future
cases and especially for pending cases involving similar or related issues or
circumstances and often some of the same parties
NOTE: A test case is selected from a number of cases in order to avoid a
flood of litigation. All of the parties to the cases must agree to accept the
outcome of the test case as binding.
2: a proceeding usually in the form of a suit for injunction brought to obtain a
decision as to the constitutionality of a statute
b: the reported facts, procedural history, and especially decision in an action
— landmark case
: a case that marks a significant turning point on a particular issue
— leading case
: a case so well reasoned and important in the rules of law determined and
in the principles declared that it becomes well-known and is frequently cited
by courts and lawyers as settling the points of law ruled upon and as useful
in resolving new questions of law
c: the evidence and arguments presented by a party in court— see
also CASE STATED
— case in chief
: the main part of a party's case including arguments for which the party
bears the burden of proof but not including rebuttal
— prima facie case
: a case established by evidence that is sufficient to raise a presumption of
fact or establish the fact in question unless rebutted
2: TRESPASS ON THE CASE at trespass
case
transitive verb
cased; casing
Legal Definition of case (Entry 2 of 2)
: to inspect or study with intent to robcasing a store
History and Etymology for case
Noun

Latin casus accident, event, set of circumstances, literally, act of falling

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More from Merriam-Webster on case

Thesaurus: All synonyms and antonyms for case
Rhyming Dictionary: Words that rhyme with case
Spanish Central: Translation of case
Nglish: Translation of case for Spanish Speakers
Britannica English: Translation of case for Arabic Speakers
Britannica.com: Encyclopedia article about case
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heard it (including the quote, if possible).
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