The tribunal's 14 judges are from as many nations and, like the numerous lawyers, they come from different traditions of jurisprudence, forcing them to deal with the tribunal's hybrid of legal systems.
While Mr. Hurwitz's analysis applied "in normal circumstances," the justice said, the Supreme Court's death penalty jurisprudence was different because it had "no rooting in the common law" but was simply "mandated by the Supreme Court".
Kramer offered another jurisprudence, based on different historical claims: popular constitutionalism.
Thus, although the Supreme Court has agreed with Harlan's general reasoning, the end result of its jurisprudence is very different from what Harlan advocated.
There have been endless variations on this search, and there will continue to be more, no doubt, since it is agreed that literature did, in fact, diminish in quality, as did jurisprudence, although at a different date, and oratory, and vigorous political debate in the capital, and powerfully innovative philosophy, and sculpture, and civic patriotism, and the willingness to die for one's country.
A different sort of approach to methodology in jurisprudence takes it that the proper aim of a legal theory is to specify a substantive conception of law that it would be especially desirable for people to adopt.
Rather than engaging with Citizens United or the rest of the Supreme Court's campaign finance jurisprudence, the panel turned to a different line of cases holding that noncitizens could be prohibited from holding elective office or serving as police officers or public school teachers.
(Though EU jurisprudence would likely have reached a different conclusion).
But that has produced a rather ragged jurisprudence, with the boundary being drawn in different places depending on the nature of the decision under review.
Of course, Muslim women are not a homogeneous group; but are members of different ethnic groups who might belong to different schools of Islamic jurisprudence or be at different levels of socio-economic development and empowerment.
