Schools of Jurisprudence, Analytical, Historical & Sociological School

Thu, 01/24/2013 - 03:07 -- Umar Farooq

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.

  1. Law is the command of the sovereign (that is law is made only by the sovereign authority of the stale).
  2. 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.

Historical School of Jurisprudence

Related pages

lecture demonstration method teachinginflation and deflation differencepure capitalism definitionethnocentrism in sociologymayera meaninginductive method meaningwhat does indiscipline meandiscount and allowance pricing definitionwhat is lok sabha in hindiindemnity defenumerate the different science processesprobability and nonprobability sampling techniques pdfdefine sole proprietorshipsstructured questionnaire advantages and disadvantagesdefinition for unitary governmentdefinition of convenience samplingdef sovereigncore competency examples of companiescommunist economic system definitiontheory of carl rogersrobert blake and jane mouton managerial gridpsychological pricing strategy advantages and disadvantagespiagets cognitive development stagesadvantages of absolute monarchysocial welfare defwhat are the advantages of capitalismtibetan women multiple husbandsaudial definitionswot analysis example mcdonaldsalfred marshall economicsdefinition of intervieweeexample of a pest analysisexample of horizontal mergeretymologically meaningdisadvantages of economies of scalewhat is ethnocentrism in sociologydefinition of dictatorship governmentcharacteristics of autocracymotivation theory mcgregorsatya sarannationalistic meaningexplain the 4ps of marketing mixstrategic management lecture notes mbaethnocentric marketingtheory x and theory y leadership douglas mcgregorrogers humanistic theory of personalitygestalt perspectivelaws in qurandefine baterwhat is meant by the word scarcityincome expenditure diagramcapitalist and socialist economycauses deflationexample of skimming pricingconventions of the british constitutionsole trader advantages and disadvantagesfreud three components of personalitypost hoc fallacy economicsdefinition of criticizingeconomist marshalltype of marketing segmentationmeasurement deflaw of diminishing returns economics definitionsupply schedule in economicsweberian sociological theorygestalt theory definitionthe definition of unitary governmentmores folkwayscharacteristic of bureaucracydifference between niche and mass marketingid ego superego images