1. Contemporary Legal Theories

2. Modern Thought
Modern legal theorists accept the principles of the past philosophers
However, they have challenged many of the views of jurisprudence and added their own contributions
Although there are quite a few modern schools of thought related to law, the following are some of the more prominent ones.

3. Legal Formalism Law should be treated like math or a science
Law is nothing more than a body of rules, nothing more
Judges should only apply the law and have no authority to act outside of it
Judges cannot depart from the law or use discretion in unusual cases
The law is derived from the power of the state- therefore judges should be remote and disinterested- use scientific application of precedent

4. Legal Realism
Rejects the ideas of formalism because the law itself is uncertain, vague and based on a judge’s personal view
Personal prejudices, moods, experiences play a role in the decisions
Judges are in fact the real authors of the law
Judges can shape precedent to support their conclusions

5. Critical legal Studies (CLS)
The law is not neutral or free of values- rather it is all about value choices
The law exists to support the interests of the people in power
Judges decisions are made through ideological and historical struggles
CLS supporters believe that the law is used to achieve social justice (health care) or to suppress
Judges can and should exercise their discretion to cases
Opponents say that the law is a way to control a society and bend their beliefs

6. Feminist Jurisprudence
The legal system upholds political, economic, and social inequality for women
Logic and language of law creates and enforces male values
Even laws that protect women are there as an indication of the view that women are property of men
Rape law was not made to protect a woman but to protect the value of a woman as a commodity

7. Law Based on Economics
The purpose of all law is resource allocation, nothing more.
Determine how resources should be divided and therefore where power can lay
Fair allocation or oppression?
Fiscal functionality is a popular legal perspective- a law forcing people to wear bike helmets would be considered good only if it saved money through fewer people’s use of health care services
Judges should think of economics and not morality or justice when making decisions
Sometimes labeled as “Marxist theory”