What Is Legal Theory In Jurisprudence !!better!! -
Law is not neutral or rational. It is a superstructure that reinforces the power of the wealthy, the male, and the white. Legal rules are contradictory (you can find a rule to justify any outcome), so judges inevitably use their political power to maintain the status quo.
Modern theorists are moving towards a "hybrid" view. Scott Shapiro’s Planning Theory of Law argues that law is a social planning tool. This tries to bridge the gap between the abstract commands of Positivism and the moral weight of Natural Law. what is legal theory in jurisprudence