Jurisprudence Brief Introduction Presentation

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1. JURISPRUDENCE
GENERAL ASPECTS Sources of Law
Custom Legislation Precedents

What ? Jurisprudence
Definitions vis -a - vis Jural concepts
Role & Purpose Legal Theory
School of Jurisprudence Rights & Duties ownership
&
Legal Personality Possession
Analytical Sociological school
School

General Realist
General Analytical Natural
Naturalism School
Historical
Pure
Theory General Anthropological Greek & Roman Dark Ages Medieval time Reformist Modern
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2. JURISPRUDENCE
What ? Role & Purpose Vis -a-vis Legal Theory
Aims at understanding
&
exploring into the concept
of law things behind & related Jurisprudence Legal Theory
to law is the legal study of law is the conclusion arrived at
which includes methods after the Jurisprudence study
of study and various approaches i.e., what law is and how law
& tools. ought to be etc.
Better understanding Reform of Law
of law
Removes It’s own intrinsic value
complications
of law
academic + own internal
& educative worth

Self Enlightenment


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3. Definition of Law
1.Salmond :- The body of principles recognized and applied by the state in the administration of Justice.
2. Austin : - Philosophy of positive law. It is the aggregate of the command of sovereign to men as political
subject.
3. Jhering :- It is the form of the guarantee of the conditions of life of society, assured by states
(Power of Contestant).

4. Pound :- Social facts & social engineering & Balancing of interests
A social institution to satisfy social wants.

5. Ulpian :- It is the knowledge of things divine & human things (right & wrong) .The art or science of what is
equitable & good.
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4. Various Jurisprudential Schools

SCHOOLS Jurisprudential Method (Legal Studies) Legal theory
1.Analytical Study of present Law as it is Law as a code of conduct
Positive School Analytical Methods It can come from normative hierarchy or,
from sovereign or people from themselves
2.Historical Empirical Studies Human Conduct
Law lies in Human Conduct Parallel & linked development of
Study of Past of Law law & Society(Law Lies in Customs)
3.Sociological Law & Society are linked Law is the tool for social balancing
There cannot be a legal study without balancing of societal processes
Societal studies of past,present & future (Law is a purposive system)
4.Natural Law is to be studied in universal Law is that which organizes society
logical order.It is human reasoning. according to universal human reasoning.
Self evolutionary process of law past,present & future

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5. Various Schools & their Jurists
Analytical Sociological &Realist
School school
Hart & Rosco Pound


JERMY BENTHAM Kelson Austin
Individual Pure
UTILITArian Theory
Historical
School


Savigny Henry maine Natural School

Locke & Others
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6. Difference b/w schools of Jurisprudence
Basis of difference Analytical School Historical School Sociological School Philosophical School Natural School

1. Tool of Study Analysis
Empirical Observation Societal Processes Human Intellect & Action Analogy with Natural
Reasoning
2. What is Law
Norms & Code of Conduct Human behaviour Channelization & Balancing of Balance b/w intellect & action Reason Based Human

Societal Processes Conduct
3. Why to Study
Reform in law /Stability Reform in light of Morality Reform in light of
Human Reasoning

4. Which Law should be Studied Present existing Law Existing law in light of past Past, Present & Future Law Future
Future


“Jurisprudence addresses the questions about law that an intelligent layperson of speculative bent - not a lawyer- might think particularly
Interesting. What is law ? ……… Where does law come from ? ……… Is law a science or a humanity, or neither ? …….. A practicing lawyer or
a judge is opt to think questions of this sort at best irrelevant to what he does, at worst naive, impractical, even childlike (how high is up?)”

Richard A. Posner,The Problem of Jurisprudence 1(1990)
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7. Analytical school
GENERAL Hans Kelson
Normative ground Minimum pure Depsychologised
Analytical Imperative theological Hierarchy Norm efficacy Theory command
School school school
English school


Jeremy Bentham hla Hart


Utilitarian Reform Hedonistic Max. pleasure Code of Primary & Analytical
Individualism in law Calculus to max. people Conduct Secondary Ruler Naturalist
John austin Morality Human Reason

State Law ‘Ought Positive Common
Superior & proposition” morality Theory
Inferior beings Sovereign Command Sanction
General Command Special Command
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