Abstract
The study of legal theory and philosophy entails conducting philosophical and scientific examinations of law and justice as a social phenomenon.
This may include engaging with theories and studies about law and justice with potential elements of speculations on the basis of ideas found in numerous disciplines, such as law, sociology, history, political science, philosophy, economics and natural sciences. The aim is to elucidate the character and nature of law, particularly in relation to society.
In practice, this takes shape in seeking to answer an indefinite range of questions about law and justice, which are not only interesting in themselves but also offer unique insights and an in-depth understanding of legal provisions and concepts in relation to their context.3 Due to the nature and extent of legal theory, it is impossible to consider every possible question which could be raised on a subject matter, especially in subject areas, which may be perceived as controversial, such as laws on prostitution. The vast amount of academic literature available on the subject covers a broad range of different concepts and ideas. This can make it difficult to piece together an initial overview of the core theoretical theories and basic notions before conducting a more in-depth analysis.
Due to the vast range of legal theories available on the subject matter, it will only be possible to discuss a carefully selected number. The intention of this paper is to provide a point of reference when conducting legal theoretical research in the area of prostitution laws through a Eurocentric lens.
Within the study of legal theories, there are two predominant species of jurisprudence identified in academic literature, namely, analytical and normative jurisprudence. Analytical jurisprudence is the umbrella term for theories seeking to answer questions relating to any major concepts of law as well as general questions of the meaning of law.
Normative jurisprudence covers legal theoretical ideas that focus on questions relating to the moral dimensions of law.
Legal Theory classifications are merely labels of convenience. When researching specific theories, they provide valuable navigational aids. However, it is important not to view each theory as a true category. Even within the distinction between analytical and normative jurisprudence, one will find analytical elements in normative jurisprudence and normative elements in analytical jurisprudence.
Thus, even in this “Roadmap” certain theorists may appear in several classifications.