Question

Match each of the following theories of jurisprudence to their correct description. Natural law Customary practices and the circumstances surrounding a transaction guide us in shaping the decision for that situation. Positivist Doctrines that have withstood the passage of time, either unchanged or have evolved with time, help guide us in shaping present laws. Historical Law is constructed based on the norms as created by a legislature within the framework of the time in which they are created. Legal realism Legal standards derive from a universality of rights which apply to all human beings.

Answer 1

The theories of jurisprudence correctly matched with their descriptions are: Natural law with universal rights, Positivist with legislation-created norms, Historical with time-tested doctrines, and Legal realism with situational customs and practices.

Step-by-step explanation:

When matching theories of jurisprudence to their descriptions, the correct pairings are: Natural law is associated with legal standards that derive from a universality of rights applicable to all human beings. The Positivist approach views law as based on norms set by legislatures within a contemporary framework. Historical jurisprudence emphasizes that doctrines that have stood the test of time, either remaining unchanged or evolving, influence our present laws. Lastly, Legal realism suggests that customary practices and transactional contexts guide our decisions.

In more detail, Natural law theory reflects the classical understanding as proposed by thinkers like Thomas Aquinas, who argued that human laws must align with natural laws. Positivist jurisprudence is characterized by the supremacy of codified laws created by governmental bodies. The Historical school considers the evolution of law through past precedents, which affects the current legal system. Finally, Legal realism stresses the importance of the circumstances surrounding each case, including societal customs and norms, in shaping legal decisions.