development of law by jurisprudence ll.b. ist yr ist sem

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JURISPRUDENCELL.B. Ist yr

Ist Sem

IntroductionAnalytical SchoolHistorical SchoolSociological SchoolEconomical SchoolRealistic school

LawThe word ‘law’ denotes order: law is an order of things. Accordingly, the term ‘natural law’ denotes a natural order of things. ‘Law’ also connotes respectability: law is an order of things that people ought to respect.

1. A system or collection of such rules.2. The body of such rules concerned with a particular

subject or derived from a particular source:3. A person, group, or agency acting officially to

enforce the law: The law arrived at the scene soon after the alarm went off.

Natural

The natural law definitions are normative. They do not attempt to eliminate such terms as rational, common good, and properly possessing authority. The natural law theory denies that a conceptual analysis of law can be neutral,

The school of analytical philosophy of which analytic jurisprudence is a part, argues that philosophical problems can be resolved by the analysis concept

“The Provence of jurisprudence determined” This was the first attempt to do analytical jurisprudence.

Thinker1.jeremy Bentham.....(1748-1832)

He was the first person to aggressively advocate for the codification of all common law into a coherent set of statuses.

TheoryUtilitarianismBentham’s ambition in life was to create a

“pannomion”, a complete utilitarian code of law.

The "greatest happiness principle", or the principle of utility, forms the cornerstone of all Bentham's thought. By "happiness", he understood a predominance of "pleasure" over "pain". He wrote in The Principles of Morals and Legislation

“The will of sovereign is Law”

2-John Austin...(1790-1859)

He was the father of English jurisprudence and the founder of the analytical school.

Theory“law is the command of sovereign”

The three element of this theory

1.A command

2. A sovereign2. A sanction

Law is not the same as morality. It deals with what is and not with what should be. It is imperative. It is the command of the king. The coercive force behind law is its essence.

The German Historical School of Law is a 19th-century intellectual movement in the study of Roman law. With Romanticism as its background, it emphasized the historical limitations of the law.

Thinker

Friedrich cart von savigny.....(1779-1861)

He is the admirer of roman law

In 1808 Savigny was appointed full professor of Roman law at Landshut. He remained in this position for a year and a half. In 1810 he was appointed to the chair of Roman law at the new University of Berlin

Theory

Volksgeist:-Volksgeist is a term connoting the productive

principal of a spiritual or psychic character operating in different national entities and manifesting itself in various creation like language folklore, mores, and legal order.

Nature of any particular system of law was the reflection of the “spirit of the people who evolved it”

The sociology of law is often distinguished from sociological jurisprudence. The latter is not primarily concerned with debates within mainstream sociology and instead engages with some of the debates within jurisprudence and legal theory.

Thinker

Roscoe pound....(1870-1964)

Roscoe pound was one of the most leading and influential jurists who developed the American sociological jurisprudence in a systematic form. He emphasised on inter disciplinary approach to law so that rule of law and life may flow together.

He treated law as a means for affecting social control and did not believe in the abstract or mechanical application of law. Pound is the most systematic writer on the sociological jurisprudence.

Theory

“Social Engineering”

Roscoe pound conceived law as a ‘social Engineering’ its main task being to accelerates the process of social ordering by making all possible efforts to avoid conflicts of interest of individuals in the society .

Three broad categories of this theory

1-Private Interests

2-Public Interest

3-Social Interests

Sociological jurist insists upon four points.

1. Study of the actual social effects of legal institutions, legal precepts and legal doctrines.

2. Sociological study in preparation for law- making.

3. Study of the means of making legal precepts effective in action.

4. Study of judicial method.

Law and Economics

The law and economics movement applies economic theory and method to the practice of lam

1-Law as a tool to encourage economic efficiency-

A- Basic concepts in economic reasoning,

B- how Law can encourage economic efficiency,

C-Can all law be explained as economic in nature,

2-economics and normative jurisprudence-

3- later development-

Legal realism is a school of legal philosophy that is generally associated with the culmination of the early 20th century attack on the orthodox claims of late 19th century classical legal thought in the United States—American legal realism

ThinkerOliver Wendell Holmes Jr.-(1841-1935)

He is one of the most widely cited United States Supreme Court justices in history, particularly for his "clear and present danger" opinion for a unanimous Court in the 1919 case of Scheck v. United States, and is one of the most influential American common law judges, honoured during his lifetime in Great Britain as well as the United States.

Legal career

Lawyer and judge

The common law

Supreme court justice

Speech and letters

Legal realism