The purpose of this thesis was to analyze four of the most commonly applied theories in jurisprudence by means of using the philosophical framework of in-tegral theory. Natural law, legal positivism, legal realism and critical legal theory were analyzed to find out how they relate to each other and to see what their strengths and weaknesses are in an integral perspective. The integral theory was created by the American philosopher Ken Wilber (1949-). Two of the main com-ponents of the theory are the four quadrants and the levels of development. The quadrants describe dimensions and perspectives of reality, and consists of the inner individual (subjective) quadrant, the outer individual (objective) quadrant, the inner collective (intersubjective) quadrant and the outer collective (interob-jective) quadrant. Individual values develop through different levels in a specific order, as is described in the second component of the integral theory. Different adult individuals can therefore be on different levels of development. This devel-opment is not only seen in individuals, but is also seen in historical and collective development. The levels that both individuals and societies develop through in-cludes (but are not limited to): the absolutistic (traditional) level, the rational (modern) level and the relativistic (postmodern) level.When using the integral theory to analyze the four theories in jurisprudence it became apparent that they can be mapped onto the integral framework. Natural law, which focuses on morality, can be placed in the intersubjective quadrant, and is mostly associated with the traditional level of development. Legal positiv-ism stems mostly from the interobjective quadrant where law is first and fore-most a system of rules that are enforced by different societal institutions. Legal positivism is typically associated with the modern level of development. Legal realism is also typically associated with the modern level of development and focuses a lot on the objective quadrant: on empiricism and on what judges actu-ally do. Critical legal theory is strongly associated with the postmodern level of development. It emphasizes different kinds of oppression in the intersubjective and in the interobjective quadrant. This thesis presents further examples of how the integral theory can be applied in legal theory and practice.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:su-185489 |
| Date | January 2020 |
| Creators | Frimodt, Staffan |
| Publisher | Stockholms universitet, Juridiska institutionen |
| Source Sets | DiVA Archive at Upsalla University |
| Language | Swedish |
| Detected Language | English |
| Type | Student thesis, info:eu-repo/semantics/bachelorThesis, text |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/openAccess |
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