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JURISPRUDENCE
Topic: Define jurisprudence
It has been derived from Latin word jurisprudentia which means...
Juris Law
Prudentia knowledge
-
It exactly means the knowledge of law. According to Salmond jurisprudence is science of first principle of
civil law".
-
Branches of Jurisprudence.
(Kinds of jurisprudence)
Historical
Deals with organ
And development
Of law
Analytical
Analysis the first
Principle of law
Ethical / Philosophical
Deals with ethical significance
And adequacy of law
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1) HISTORICAL SCHOOL OF Law.
Historical school deals with development of law at various stages.
It was derived from Roman law.
MONTESQUIEU 1st philosopher.
HUGO BURKE Herder Sevigny
Historical school was reaction against prior notion of natural philosophy. Law is always same.
2) Analytical School (Positivism).
Austin's Theory of Law.
Law is Command of sovereign backed by sanction.
Features of Austin's Positive law.
It is type of Command All commands are not law only general commands
It is led by political sovereign. (Sovereign is such political authority to whom people habitually
obey)
It is backed by sanction. (There must be sanction which must be inflicted on disobedience of
law)
Duty to obey
Austin developed positivist school of thought which is also called analytical school. As its founder was
Austin it is also called Austenian school.
They deal with law as It is (positivism)
The chief exponent a the positivist or analytical school in England is;
Bentham,
Austin,
Salond,
Holland,
HLA Hart
Juan Austin is the father of English jurisprudence.
Bentham’s Book of Laws in General, he advocated "Imperative theory a law".
Bentham gives less important to sanction. He is fervent champion of codified law.
Bentham distinguished between censorial Jurisprudence and expositorial jurisprudence.
Book “An introduction to principles of morale and legislation.
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Bentham's legal philosophy as called utilitarian Individualism.
Bentham was a utilitarian.
UTILITARIANISM
End a legislation is GREATEST HAPPINESS OF GREATEST NUMBER"
Bentham says "Nature has placed Man. Under the empire of pleasure and pain".
Principle & Utility subject to: TO SEEK PLEASURE AND AVOID PAIN"
Austin’s Lectures published ". The province of Jurisprudence Determined “reconstructed and published
by his wife.
Lecture on Jurisprudence
Philosophy of positive law
Austin divides law.
MAN MADE LAWS
GOD MADE LAWS
Austin put international Law under positive morality.
HLA Hart.
Contemporary of British positivism.
Book," CONCEPT OF LAW".
Obligation instead of Command
PURE THEORY OF LAW.
KELSEN is founder of this theory. He deals with what Law As it is and not ought to be" According to him
theory of law should be uniform. It must be free from ethics: -politics, sociology history etc. in other
words it must be pure.
Keelson.
Knowledge of Law is knowledge Norms
SOCIOLOGICAL SCHOOL
They give attention to circumstances give rise to law.
Montesquieu was the founder of this school.
Auguste Comte.
Durkheim.
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Spencer.
Durguit.
3) PHILOSOPHICAL SCHOOL OF THOUGHT (Grotius) Morals and Ethics.
Jurisprudence is ETHICAL and Moral phenomenon,
Chief Exponents of Philosophical school.
Francis Bacon
Hobbes
Locke
Black stone.
Grotius
Kant
Hegel
Fitche
Kohlar
Del vechio
Torimes.
Grotius.
Grotius is the founder of international law is also father of Philosophical school.
Book “Law of war and Peace!
AMERICAN REALISM.
Part of sociological school.
Functional school.
Realist study actual working of Law.
Combination of Analytical positivist and sociological.
Founder
Grey
Holmes
Legal practice in courts
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Natural Law.
Greek thinkers laid the basis a natural law and developed its essential features.
Heraclitus laid the basis of natural law.
Sorats.
Plato
Aristotle.
Stoics.
Cicero.
Aquinas.
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Value or Importance of Jurisprudence:
1) Helps in understanding any system of Law.
2) To develop fundamental principles of Law.
3) Great educational value of Jurisprudence.
4) Helps Judges and lawyers to understand law.
5) It provides logical training to lawyers.

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JURISPRUDENCE Topic: Define jurisprudence It has been derived from Latin word jurisprudentia which means... ➢ Juris ➢ Prudentia Law knowledge It exactly means the knowledge of law. According to Salmond jurisprudence is science of first principle of civil law". - Branches of Jurisprudence. (Kinds of jurisprudence) ➢ Historical Deals with organ And development Of law ➢ Analytical Analysis the first Principle of law ➢ Ethical / Philosophical Deals with ethical significance And adequacy of law 1) HISTORICAL SCHOOL OF Law. Historical school deals with development of law at various stages. ➢ It was derived from Roman law. ➢ MONTESQUIEU 1st philosopher. ➢ HUGO BURKE Herder Sevigny Historical school was reaction against prior notion of natural philosophy. Law is always same. 2) Analytical School (Positivism). Austin's Theory of Law. Law is Command of sovereign backed by sanction. Features of Austin's Positive law. ➢ It is type of Command All commands are not law only general commands ➢ It is led by political sovereign. (Sovereign is such political authority to whom people habitually obey) ➢ It is backed by sanction. (There must be sanction which must be inflicted on disobedience of law) ➢ Duty to obey Austin developed positivist school of thought which is also called analytical school. As its founder was Austin it is also called Austenian school. They deal with law as It is (positivism) The chief exponent a the positivist or analytical school in England is; ➢ ➢ ➢ ➢ ➢ Bentham, Austin, Salond, Holland, HLA Hart Juan Austin is the father of English jurisprudence. Bentham’s Book of Laws in General, he advocated "Imperative theory a law". Bentham gives less important to sanction. He is fervent champion of codified law. Bentham distinguished between censorial Jurisprudence and expositorial jurisprudence. Book “An introduction to principles of morale and legislation. Bentham's legal philosophy as called utilitarian Individualism. Bentham was a utilitarian. UTILITARIANISM End a legislation is “GREATEST HAPPINESS OF GREATEST NUMBER" Bentham says "Nature has placed Man. Under the empire of pleasure and pain". Principle & Utility subject to: TO SEEK PLEASURE AND AVOID PAIN" Austin’s Lectures published ". The province of Jurisprudence Determined “reconstructed and published by his wife. ➢ Lecture on Jurisprudence ➢ Philosophy of positive law Austin divides law. ➢ MAN MADE LAWS ➢ GOD MADE LAWS Austin put international Law under positive morality. HLA Hart. Contemporary of British positivism. Book," CONCEPT OF LAW". ➢ Obligation instead of Command PURE THEORY OF LAW. KELSEN is founder of this theory. He deals with what Law As it is and not ought to be" According to him theory of law should be uniform. It must be free from ethics: -politics, sociology history etc. in other words it must be pure. Keelson. ➢ Knowledge of Law is knowledge Norms SOCIOLOGICAL SCHOOL They give attention to circumstances give rise to law. Montesquieu was the founder of this school. ➢ Auguste Comte. ➢ Durkheim. ➢ Spencer. ➢ Durguit. 3) PHILOSOPHICAL SCHOOL OF THOUGHT (Grotius) Morals and Ethics. Jurisprudence is ETHICAL and Moral phenomenon, Chief Exponents of Philosophical school. ➢ ➢ ➢ ➢ ➢ ➢ ➢ ➢ ➢ ➢ ➢ Francis Bacon Hobbes Locke Black stone. Grotius Kant Hegel Fitche Kohlar Del vechio Torimes. Grotius. Grotius is the founder of international law is also father of Philosophical school. Book “Law of war and Peace! AMERICAN REALISM. ➢ ➢ ➢ ➢ Part of sociological school. Functional school. Realist study actual working of Law. Combination of Analytical positivist and sociological. Founder ➢ Grey ➢ Holmes Legal practice in courts Natural Law. Greek thinkers laid the basis a natural law and developed its essential features. Heraclitus laid the basis of natural law. ➢ ➢ ➢ ➢ ➢ ➢ Sorats. Plato Aristotle. Stoics. Cicero. Aquinas. Value or Importance of Jurisprudence: 1) 2) 3) 4) 5) Helps in understanding any system of Law. To develop fundamental principles of Law. Great educational value of Jurisprudence. Helps Judges and lawyers to understand law. It provides logical training to lawyers. Name: Description: ...
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