Topic > Can legal theory help us understand law?

Can legal theory help us in our understanding of law? By convention, "the law" generally refers to a system of rules that are usually enforced through a series of institutions for social control. However, a more precise definition of law has largely eluded legal theorists, who have attempted to promote their own individual and fixed concepts of law. However, law is a dynamic and diverse system that encompasses too many socio-political phenomena for a universal definition. Even if a theory is capable of achieving a uniform conceptualization of law, its conceptual clarity satisfies itself and little else – it still fails as an optimal and complete understanding of what law actually is and how it actually works. As such, this essay argues that the true value of individual theories lies in aiding our understanding of law in limited fields. A legal theory can help us in our practical understanding of law as long as we are able to identify the scope and precise role that each theory plays, through a clear recognition of its limitations, and apply it accordingly. This essay also proposes that a theory of law that is “pure” law and not confused with external concepts will better help us in our practical understanding of law. Theories such as Critical Legal Studies (CLS) confuse the question of law with concepts such as politics, ultimately rendering them ineffective in aiding our understanding of law. In contrast, Dworkin, Hart, and Austin's concepts of law are more willing to examine law without confusing it with external concepts and provide analytical frameworks that can illuminate our practical understanding of law. CLS Traditionally, CLS supports the idea that 'all law is politics' – and therefore the law is not... middle of paper... a larger voice in the legal system. This is particularly pertinent in the Asian context, where feminist perspectives remain on the periphery of legal inquiry as patriarchal and hierarchical structures have not facilitated an adequate appreciation of feminist perspectives in law and society Conclusion: This essay has demonstrated that theories of law can indeed help us in understanding the law. What is important to note is that these theories are only approximations of the law, however close they may be, and that they may ultimately differ from practical experience. After all, “Theory is built on ignorance” (Halpin, Law, theory and practice: contrasting perspectives?, 2000). Therefore, when practical experience proves the opposite, it is necessary to know when to abandon legal theory and return to relying on knowledge derived from practical experience...