Analytical Jurisprudence: Focuses on pure science, universal truths, and objectivity in law.
Sociological Jurisprudence: Addresses limitations of pure science in solving social problems.
Teleological School: Views law as a product of human reason and national purpose.
Civil Jurisprudence
Historical Jurisprudence
Systematic Jurisprudence
Legal History
Science of legislation
Prof. Julius Stone: Law is lawyers’ explanations of ideals and techniques from present knowledge.
Prof. G.W. Paton: Jurisprudence aims to relate law and its concepts to society without finding universal principles. Tasks of Jurisprudence
Study nature of law and legal institutions and their relation to society.
Normative legal theory.
Positive legal theory.
Laws vs. legal theory.
Jeremy Bentham: Law is a collection of signs declaring volition conceived or adopted by a sovereign.
'Law properly so called': General command from political superior to inferior.
'Law un-properly so called': Other rules not fitting this definition.
Command: Essential feature of law as an expression of wish, with sanction.
Sovereign Authority: Given by a sovereign authority.
Criticism of Bentham: Fails to account for laws granting rights/benefits, judge-made laws, and international laws; requires a sovereign. Does not account for customs as source of law or judge made law.
John William Salmond: Law professor and judge; distinguished abstract (civil law) from concrete/specific law; emphasized compulsion to maintain justice.
Administration of justice by the state is possible Justice is the end and law is medium to realize it.
Criticism to Salmond: Purpose of law is not only pursuit of justice. Justice is a universal concept.
Roscoe Pound: Law is social engineering; aims to maximize satisfaction with minimal friction and waste.
Areas of Interest
Personality
Domestic Relations
Substance
Public Interest
State as juristic person
State as guardian of social interest
General Morals
General Progress
General Security
Individual life
Conservation of social resources
Security of social institutions
Hart: Analysis of Legal Concepts
Worth pursuing
Distinct from inquiries
Distinct from critical evaluation
Law is a preliminary norm stipulating action (sanction); separates law as it is from law as it ought to be.
Hans Kelson: Preliminary norm which stipulates action (sanction).
Normative Statements
Descriptive Statement
Natural Science
Legal Science
Ground norm
Superior norm
Subordinate norm
Criticism of Kelson: Difficult to trace 'grund norm' in every legal system; lacks timeframe for effectiveness/validity; struggles with international laws. Schools of Law
Natural School of Law: Ancient, Medieval Renaissance, Modern.
Ancient Theory:
Heroclites- Greek philosopher, Destiny, Reason, Order
Socrates- distinguish between good or bad deeds.
Plato- Wisdom, Reason
Aristotle- Reason unaffected by desires
Medieval Theory: Theological idea with connection to GOD.
Renaissance Theory: Rationalism with reason as main foundation.
Modern theory: Rejects older theories & conceptions, Reaction against positive & historical approach
Analytical School of Law: Law is command of sovereign (John Austin, Hans Kelsen).
Historical School of Law: Law evolves from historical and evaluation forces.
Von Savigny: Law is unconscious organic growth, varies with people/age; customs superior to legislature.
Philosophical/Ethical School of Law: Law should reconcile conflicting egos in society (Hegel), (Hugo Gratius).
Sociological School of Law: Law as social phenomenon, Dugsist, Roscoe Pound.
Realistic School of Law: Law = statement of circumstances where public force will be applied.
Law pre-supposes a State
State authorizes to make rules which are called law
There are sanctions behind any rules
Rules are made to serve some purpose. Sources of Indian Law
Traditional activities, ways of behaving with sanction (Legal) or without sanction (Conventional).
Legal Customs: binding rule of law as part of law of land
General
Geographical
Personal
Local
Conventional Customs: agreement between parties Requisites of Valid Custom
Immemorial (Antiquity), Certainty, Reasonableness, Compulsory Observance, Conformity With Law & Public Morality, Unanimity Of Opinion, Peaceable Enjoyment. Judicial Decisions or Precedents
Guidance or authority of past decisions with new principles. Decisions of High Courts are binding on subordinate courts. Decisions of Supreme Court are binding on all courts.
Kind of Precedents
Declaratory & Original
Persuasive Precedents
Absolute authoritative precedents
Conditionally Authoritative
Doctrine of Stare Decisis: Courts obligated to follow historical cases, "to be a side by things decided".
The rule making power of executive is hedged with limitations
Both houses of parliament , President notifies in official gazette
Obiter Dicta: Judicial entrances beyond case requirements with persuasive precedent only. Judges are not bound to follow but can take their advantage Statutes or Legislation
Declaration of legal rules by empowered authority (Jus scriptum = written law, Jus non scriptum = unwritten law). Personal Laws: Governs personal matters
Secondary Sources:
Justice Equity & good conscience, Sources of English law