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  • Schools of Jurisprudence

    Diunggah oleh

    Blessan Blessan
    199 tayangan16 halaman
    The document discusses several schools of jurisprudence, including analytical/imperative school (also called positivism), historical school, and sociological school. Positivism focuses on existing law rather than ideal law, and sees law as originating from sources like legislation, custom, and precedent. The historical school views law as evolving with society and emphasizes traditions and social habits. The sociological school sees law as linked to other social sciences and aims to harmonize conflicting social interests in a society.

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    This Pdf gives an introduction to various schools of thought in the subject of jurisprudence.

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    The document discusses several schools of jurisprudence, including analytical/imperative school (also called positivism), historical school, and sociological school. Positivism focuses on existing law rather than ideal law, and sees law as originating from sources like legislation, custom, and precedent. The historical school views law as evolving with society and emphasizes traditions and social habits. The sociological school sees law as linked to other social sciences and aims to harmonize conflicting social interests in a society.

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    © All Rights Reserved
    Unduh sebagai PDF, TXT atau baca online dari Scribd
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    199 tayangan16 halaman

    Schools of Jurisprudence

    Diunggah oleh

    Blessan Blessan
    The document discusses several schools of jurisprudence, including analytical/imperative school (also called positivism), historical school, and sociological school. Positivism focuses on existing law rather than ideal law, and sees law as originating from sources like legislation, custom, and precedent. The historical school views law as evolving with society and emphasizes traditions and social habits. The sociological school sees law as linked to other social sciences and aims to harmonize conflicting social interests in a society.

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    © All Rights Reserved
    Unduh sebagai PDF, TXT atau baca online dari Scribd
    Tandai sebagai konten tidak pantas
    dari 16

    Schools of

    Jurisprudence
    m.blessan@gmail.com

    It concentrates on things as they are


    Analytical/Imperative and not as they ought to be
    School(Positivism) Law that is actually found and not
    the ideal law
    m.blessan@gmail.com

    Sources of Positivism

    Legislation

    Customary Judicial
    Law Precedents
    m.blessan@gmail.com

    Essential elements of Positivism

    State Administration
    Sovereignty of Justice
    m.blessan@gmail.com

    Motto of Analytical School

    Ubi civitas ibi lex

    ”where there is a state


    ,there will not be anarchy”
    m.blessan@gmail.com

    Bentham
    Main Holland
    Proponents of
    this school Austin
    Salmond
    m.blessan@gmail.com

    Bentham’s Concept of Law

    Law is
    Declaration of Adopted by
    Assemblage Power of Using sovereign
    of signs One’s will State
    m.blessan@gmail.com

    “the proper end of every law is the


    promotion of the greatest
    happiness of the greatest number”

    Bentham’s
    Utilitarianism
    Utility is defined as ‘the property
    or tendency of a thing to prevent
    some evil,or procure some good’
    m.blessan@gmail.com

    Command

    Austinian
    Concept of
    Law
    n San
    e reig ctio
    Sov n
    m.blessan@gmail.com
    Primary
    Rules Standards of Behaviour

    Ex -International law
    Hart’s
    Concept of Secondary
    Rule It Ascertains, introduces,
    Law eliminates Primary rules
    Ex - Public or Private Law
    (statutes)
    m.blessan@gmail.com

    “The law is a system of


    behavioural norms which can be
    traced back to some Grundnorm
    or basic norm form which they
    deserve their existence.”

    Kelsen’s Concept Of Law-


    Pure theory
    m.blessan@gmail.com

    Historical factors emphasized the


    origin, formation and
    development of laws.

    Historical Ubi Societas ibi lexis- where there


    is society there is law.
    School

    Traditions, customs and social


    habits determine the law.
    m.blessan@gmail.com

    The Law, like language ,grows


    with the growth of social
    consciousness and organization.

    Savigny- Law can only be evolutionary


    Historical and not revolutionary
    School
    Law making should follow the
    course of historical
    development.
    m.blessan@gmail.com

    2.Crystallization
    1.Law made by
    of Commands in
    commands of
    to customary
    the Ruler
    Law
    Maine-
    Historical
    School of Law 3.Administration
    4.Codification of
    of Customs by
    Law
    Priests
    m.blessan@gmail.com

    Law is not a an isolated


    phenomenon but is a part of
    social reality

    Sociological
    School Law is linked with other social
    science disciplines like
    psychology, philosophy,
    economics ,political science
    and sociology.
    m.blessan@gmail.com

    Law is Not a set of Rules,


    but is a method or
    technique for harmonizing
    conflicting social interests.
    Roscoe
    Pound-
    Sociological
    School The courts, legislators,
    jurists,must make an effort
    to maintain a balance
    between the competing
    interests in the society.

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