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in fact they have often done so."[11] Legal positivists disagree about the extent of the separability thesis. Exclusive legal positivists, notably Joseph Raz, go further than the standard thesis and deny that it is possible for morality to be a part of law at all. The discretion thesis states that judges create new law when they are given discretion to adjudicate cases where existing law underdetermines the result. The earliest proponent of legal positivism was John Austin who was influenced by the writings of Jeremy Bentham in the early 19th century. Austin held that the law is the command of the sovereign backed by the threat of punishment. Contemporary legal positivism has long abandoned this view. In the twentieth century, two positivists had a profound influence on the field: Hans Kelsen and H. L. A. Hart. Kelsen is most influential for his notion of 'grundnorm,' an ultimate and basic legal norm, which some scholars, especially in Europe, accept today.[12] In the Anglophone world, Hart has been the most influential scholar.[13] Hart rejected the earlier claim that sanctions are essential to law and instead argued that law is rule-based. According to Hart, law is a system of primary rules that guide the conduct of law's subjects, and secondary rules that regulate how the primary rules may be changed, identified, and adjudicated. Hart's theory, although widely admired, sparked vigorous debate among late twentieth century philosophers of law including Ronald Dworkin, John Rawls, Joseph Raz, and John Finnis.
Legal realism, which asserts that law is the product of decisions made by courts, law enforcement, and attorneys, which are often decided on contradictory or arbitrary grounds. According to legal realism, law is not a rational system of rules and norms. Legal realism is critical of the idea that law has a nature that can be analyzed in the abstract. Instead, legal realists advocate an empirical approach to jurisprudence founded in social sciences and the actual practice of law in the world. For this reason, legal realism has often been associated with the sociology of law. In the United States, legal realism gained prominence in the late 19th century with Oliver Wendell Holmes and John Chipman Grey.[1] Legal realism became influential in Scandinavia in the 20th century with Axel Hägerström.

Legal interpretivism, which denies that law is source-based because law necessarily depends on human interpretation that is guided by the moral norms of communities. Given that judges have discretion to adjudicate cases in more than one way, legal interpretivism says that judges characteristically adjudicate in the way that best preserves the moral norms, institutional facts, and social practices of the societies in which they are a part. It is consistent with legal interpretivism that one cannot know whether a society has a legal system in force, or what any of its laws are, until one knows some moral truths about the justifications for the practices in that society. In contrast with legal positivism or legal realism, it is possible for the legal interpretivist to claim that no one in a society knows what its laws are (because no one may know the best justification of its practices.) Legal interpretivism originated with Ronald Dworkin in the late 20th century in his book Law's Empire. In recent years, debates about the nature of law have become increasingly fine-grained. One important debate exists within legal positivism about the separability of law and morality. Exclusive legal positivists claim that the legal validity of a norm never depends on its moral correctness. Inclusive legal positivists claim that moral considerations may determine the legal validity of a norm, but that it is not necessary that this is the case. Positivism began as an inclusivist theory; but influential exclusive legal positivists, including Joseph Raz, John Gardner, and Leslie Green, later rejected the idea. A second important debate, often called the "Hart-Dworkin Debate,"[13] concerns the battle between the two most dominant schools in the late 20th and early 21st century, legal interpretivism and legal positivism. Normative jurisprudence In addition to analytic jurisprudence, legal philosophy is also concerned with normative theories of law. "Normative jurisprudence involves normative, evaluative, and otherwise prescriptive questions about the law."[8] For example, What is the goal or purpose of law? What moral or political theories provide a foundation for the law? Three approaches have been influential in contemporary moral and political philosophy, and these approaches are reflected in normative theories of law: Utilitarianism is the view that the laws should be crafted so as to produce the best consequences. Historically, utilitarian thinking about law is associated with the philosopher Jeremy Bentham. In contemporary legal theory, the utilitarian approach is frequently championed by scholars who work in the law and economics tradition. Deontology is the view that the laws should protect individual autonomy, liberty, or rights. The philosopher Immanuel Kant formulated a deontological theory of law (but not the only one possible). A contemporary deontological approach can be found in the work of the legal philosopher Ronald Dworkin. Aretaic moral theories such as contemporary virtue ethics emphasize the role of character in morality. Virtue jurisprudence is the view that the laws should promote the development of virtuous characters by citizens. Historically, this approach is associated with Aristotle. Contemporary virtue jurisprudence is inspired by philosophical work on virtue ethics. There are many other normative approaches to the philosophy of law, including critical legal studies and libertarian theories of law. Philosophical approaches to legal problems Philosophers of law are also concerned with a variety of philosophical problems that arise in particular legal subjects, such as constitutional law, Contract law, Criminal law, and Tort law. Thus, philosophy of law addresses such diverse topics as theories of contract law, theories of criminal punishment, theories of tort liability, and the question of whether judicial review is justified Socrates (/'s?kr?ti?z/;[2] Ancient Greek: S????´t?? Sokrátes [s??krát??s]; c.?470 – 399 BC)[3][4] was a Greek philosopher from Athens who is credited as one of the founders of Western philosophy, and as being the first moral philosopher[5][6] of the Western ethical tradition of thought.[7][8][9] An enigmatic figure, he made no writings, and is known chiefly through the accounts of classical writers writing after his lifetime, particularly his students Plato and Xenophon. Other sources include the contemporaneous Antisthenes, Aristippus, and Aeschines of Sphettos. Aristophanes, a playwright, is the main contemporary author to have written plays mentioning Socrates during Socrates' lifetime, though a fragment of Ion of Chios' Travel Journal provides important information about Socrates' youth.[10][11] Plato's dialogues are among the most comprehensive accounts of Socrates to survive from antiquity, from which Socrates has become renowned for his contributions to the fields of ethics and epistemology. It is this Platonic Socrates who lends his name to the concepts of Socratic irony and the Socratic method, or elenchus. However, questions remain regarding the distinction between the real-life Socrates and Plato's portrayal of Socrates in his dialogues.[12] Socrates exerted a strong influence on philosophers in later antiquity and in the modern era. Depictions of Socrates in art, literature and popular culture have made him one of the most widely known figures in the Western philosophical tradition. Contents 1 Socratic problem 1.1 Socrates as a figure 1.2 Socrates as a philosopher 2 Biography 2.1 Sources 2.2 Early life 2.3 Military service 2.4 Epistates at the trial of the six commanders 2.5 Arrest of Leon 2.6 Trial and death 2.6.1 Causes 2.6.2 Trial 2.6.3 Death 3 Philosophy 3.1 Socratic method 3.2 Beliefs 3.3 Paradoxes 3.4 Knowledge 3.5 Virtue 3.6 Politics 3.7 Covertness 4 Satirical playwrights 5 Prose sources 5.1 The Socratic dialogues 6 Legacy 6.1 Immediate influence 6.2 Later historical influence 6.3 Criticism 6.4 In literature 6.5 In film 7 See also 8 Notes 9 References 10 External links Socratic problem Main article: Socratic problem Statue of Socrates in front of the Academy of Athens (modern) As Socrates did not write down any of his teachings,[13][14] secondary sources provide the only information on his life and thought. The sometimes contradictory nature of these sources is known as the Socratic problem,[15] or the Socratic question.[16][17] Plato and Xenophon's dialogues provide the main source of information on Socrates's life and thought.[18][19] These writings are the Sokratikoi logoi, or Socratic dialogues, which consist of reports of conversations apparently involving Socrates.[20][21] As for discovering the real-life Socrates, the difficulty is that ancient sources are mostly philosophical or dramatic texts, apart from Xenophon. There are no straightforward histories, contemporary with Socrates, that dealt with his own time and place. A corollary of this is that sources that do mention Socrates do not necessarily claim to be historically accurate, and are often partisan. For instance, those who prosecuted and convicted Socrates have left no testament. Historians, therefore, face the challenge of reconciling the various evidence from the extant texts in order to attempt an accurate and consistent account of Socrates's life and work. The result of such an effort is not necessarily realistic, even if consistent. Two factors emerge from all sources pertaining to the character of Socrates: that he was ugly (at least as an older man), and had a brilliant intellect.[22][23] He wore tattered clothes and went barefoot (the latter characteristic made its way into the play The Clouds by Aristophanes).[24][25] He lived entirely within ancient Athens (at least from his late 30s, and other than when serving on military campaigns in Potidaea, Delium, etc.), he made no writings (at least not about philosophy – only a single verse of poetry composed by him survives),[26] and he was executed by being made to drink hemlock.[27] Socrates as a figure The character of Socrates as exhibited in Apology, Crito, Phaedo and Symposium concurs with other sources to an extent

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