Since in the days of Austin there has been a controversy regarding the nature of law and its source. Generally speaking there are three schools of jurisprudence viewpoints concerning this question.
1. The view held by the followers of Austin that is command and obedience
2. The viewpoint which emphasizes the development of habit and customs
3. The viewpoint which emphasizes the needs and conditions of the society and its individuals.
Schools of Jurisprudence
Following are three schools of jurisprudence
Analytical School of Jurisprudence
The chief exponent of Analytical school of jurisprudence was the English Jurist, John Austin. It is also called positivist school of jurisprudence because it considers law as it is and not as it ought to be. This viewpoint is based on two principles.
- Law is the command of the sovereign (that is law is made only by the sovereign authority of the stale).
- Force is the essence of law i.e. what cannot be enforced is not a law.
This theory was bitterly criticized in 19th century by the Pluralists and the sociological Jurists. Despite its shortcomings this theory has explained many too much about law. The Analytical school of jurisprudence says that laws must be made by the state in the interest of general welfare.