Jurisprudence Brief Introduction Presentation
- 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 Downloaded by Rahul Bansiwal (24rahulbansiwal@gmail.com) lOMoARcPSD|21946058
- 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 Downloaded by Rahul Bansiwal (24rahulbansiwal@gmail.com) lOMoARcPSD|21946058
- 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. Downloaded by Rahul Bansiwal (24rahulbansiwal@gmail.com) lOMoARcPSD|21946058
- 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 Downloaded by Rahul Bansiwal (24rahulbansiwal@gmail.com) lOMoARcPSD|21946058
- 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 Downloaded by Rahul Bansiwal (24rahulbansiwal@gmail.com) lOMoARcPSD|21946058
- 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) Downloaded by Rahul Bansiwal (24rahulbansiwal@gmail.com) lOMoARcPSD|21946058
- 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 7 Downloaded by Rahul Bansiwal (24rahulbansiwal@gmail.com) lOMoARcPSD|21946058