Natural law, Legal systems, Legal science
Jurisprudence | Law and Society | Legal History
Jurisprudence can afford us some insight into whether a particular system is functioning effectively. To do this jurisprudes must extrapolate the aims of the society and then evaluate how effectively its legal system functions to structure social activity so that those aims are realized in an orderly fashion. Jurisprudence is seen, therefore, to be a form of time and motion study on a grand scale. Judgments about the ultimate worth of a given society’s aims are excluded from jurisprudence, however, on the ground that such emotionally charged and ethically relative conclusions cannot be proved by any empirically verifiable scale of values.
Roberts, E. F., "Natural Law Demythologized: A Functional Theory of Norms for a Revolutionary Epoch" (1966). Cornell Law Faculty Publications. Paper 1257.
Published in: Cornell Law Quarterly, vol. 51, no. 4 (1966).