Differences Between Theory and Law
Legal theory is called jurisprudence, which is sometimes -- particularly in the United States -- synonymous with philosophy of law. However, historically -- and in other parts of the world -- legal theory and philosophy of law have been different disciplines. Law, on the other hand, is specific rules of conduct and actions that are enacted by courts and legislatures, the violation of which can be punished by controlling authorities.
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Different Sources
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A key difference between theory and law is that theory has to do with the sources, history and science of law and usually flows from legal scholars; law encompasses rules of behavior for communities and individuals and flows from courts and legislative bodies.
Schools
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There are schools of legal theory that help to shape specific laws but there are no schools of law in the same sense. For example, there isn't a school of criminal law; there are, however, legal scholars, lawyers and judges who write about criminal law, and who may lean toward a particular school of legal theory to support their view of what criminal law should be.
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Origin
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Although one of the earliest written laws for North America was the Mayflower Compact in 1620, legal theory in the U.S. is said to have begun in 1870 when Oliver Wendell Holmes wrote an article for the American Law Review. This article launched what became known as the U.S. school of legal formalism.
Effect
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The effect of the major differences between theory and law is that you can be punished for violating a law but you cannot be punished for violating a theory of law. Theories are relied upon by courts in interpreting law and understanding the intent of law; however, any punishment imposed by a court is based on law and not on theory.
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