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Schools of jurisprudence
3. PHILOSOPHICAL SCHOOL. ,vera wang wedding dress

Threefold Classification: As observed by Salmond,short wedding dresses, "Jurisprudence, in its specific sense as the theory or philosophy of law,non traditional wedding dresses, is divisible into three branches". This division of the schools of Jurisprudence is based upon the fact that certain basic assumptions about law characterise the Jurists of each school and distinguish them from those of other schools of juristic thought. A comprehensive basis of classification is provided by the attitude of the jurists towards certain basic relations of law,champagne wedding dresses, e.g.,black and white wedding dresses, its relation to the State,Designer Wedding Dresses, its relation to the society and its relation to certain ideals such as justice, freedom of will or the pursuit of happiness. On this basis jurisprudence is divisible into three major schools.

The Common Ground of Law and Ethics: Salmond points out that "philosophical jurisprudence is the common ground of moral and legal philosophy,inexpensive wedding dresses, of ethics and jurisprudence". The justification for this statement would be found when we examine the concusions of philosophical jurisprudence.

Law is a product of the State. If there is no sovereign, there is no law. The hall-mark of law is enforcement by the sovereign. The typical law is statute. Custom is not law until its validity has been estabished by a judical decision or by an Act of the legislature. It is only a persuasive,Cheap Wedding Dresses, i.e.,alfred angelo wedding dresses, historical source of law (Austin), or a legal material source of law. (Salmond and Holland). Law rests upon the force of politically organised society. Law is the command of the sovereign. In interpreting a statute judges should confine themselves to a purely syllogistic method.

Relation between Ethics and Jurisprudence: The philosophical school regards the perfection of human personality as the ultimate objective of law. The science of Ethics, which deals with the principles and moral considerations affecting man's conduct and constituting his criterion of right and wrong,Wedding Dresses, also sets for itself the goal of making man virtuous and so attain perfection. Since the ultimate objectives of jurisprudence and ethics are thus co-incident,vintage inspired wedding dresses, philosophical jurists seek to differentiate between the subject-matter of the two sister sciences.

The material at the disposal of comparative jurists is not very extensive. A great many of the mature systems of law have been profoundy infuenced by and are in fact based upon the Roman Law. The scope of the comparative method thus becomes very limited indeed. As Viscount Bryce observes: "In practice the comparative method becomes an examination of Roman conceptions with the help of light from England in those departments of English law which have been least influenced by Rome and of some glimmers from the East and from the laws of ancient European people". Comparative jurisprudence is thus only a broadened form of the older historical jurisprudence.

Imperative, Positive,jessica mcclintock wedding dresses, Teleological, English or Austinian School: The jurists of the Analytical School consider that the most important aspect of law is its relation to the State. Law is treated as an imperative or command emanating from the State. For this reason this school is known as the Imperative School. The exonents of this school are concerned neither with the past nor with the future of law but with law as it exists,halter wedding dresses, i.e.,wedding dresses with sleeves, with law "as is" (Positus). For this reason this school is termed the positive school. This school is dominant in England and so is popularly called the English school. Its founder is John Austin who was the first occupant of the chair of Jurisprudence in the University of London. Hence it is also known as the Austinian School.

The philosophical school rivets its attention on the purpose of law and the justification for coercive regulation of human conduct by means of legal rules. Immanuel Kant has shown that the chief purpose of the law is the provision of the field of free activity for the individual without interference by his fellowmen.

2. HISTORICAL SCHOOL.

Ethics does not rely upon Compulsion: The German philosopher Immanuel Kant made a clear distinction between law and ethics. In "Lectures on Ethics" Kant observes: "Ethics concerns itself with the laws of free action in so far as we cannot be coerced to it,wedding dresses los angeles, but the strict law concerns itself with free action in so far as we can be compelled to it". Ethics is the science of virtue while law belongs to the science of right. Ethics aims at the elevation of man's inner life while law seeks the regulation of his external conduct. Organised society should not exercise compulsion to make man virtuous. Compulsion should be confined to the reguation of man's external conduct. "Woe to the political legislator",casual wedding dresses, said Kant,black and white wedding dresses, "who aims in his Constitution to realise ethical purposes by force, to produce virtuous intuition by legal compulsion. For in this way he will not only effect the very opposite result,long sleeve wedding dresses, but will undermine and endanger his political Constitution as well".

Contrasted with Analytical School: The Historical School attaches importance not to the relation of law to the State but to the societal institutions in which law exhibits itself. Customs and habit patterns of social groups loom large in the eyes of the historical jurist. While the analytical school confines itself to mature legal systems,one shoulder wedding dress, the historical school concentrates its attention on the primitive legal institutions of society. To the analytical jurist the typical law is an arbitrary State command, but to the historical jurist the typical law is a cutomary rule spontaneously eveolved by historical necessity and popular practice. With reference to their attitudes to basic legal conceptions the differences between the analytical and the historical schools may be exhibited as follows:

Law is found and not man-made. Law is self existent. Law is antecedent to the State and exists even before a State organisation comes into being. "Ubi Societas, Ibi Lex". Law is independent of political authority and enforcement. It is enforced by the sovereign because it is already law; it does not become law because of enforcement by the sovereign. The typical law is custom. Custom is the formal source of law. It is transcendent law and other methods of legal evolution,cheap wedding dresses under 100, e.g., precednt and legislation, derive their authority from custom. At any rate,used wedding dresses, custom derives its binding force from its own intrinsic vitality and not from judicial precedent or legislation purporting to follow or legalise it. Law rests on the social pressure behind the rules of conduct which it enjoins. Law is the rule whereby the invisible border line is fixed within which the being and activity of each individual obtains a secure and full space. In construing a statute judges should consider the history of the legislation in question.

Comparative School: The comparative method aims at the collection,wedding dresses for sale, examination and collation of the notions, doctrines and institutions which are found in various legal systems worthy of a comparative study. Its purpose is to distinguish what is local or accidental or transient in legal doctrine from what is general,short wedding dresses 2012, essential and permanent.

Ethical School,pakistani wedding dresses, Metaphysical School or Law of Nature School: The philosophical school concerns itself chiefly with the relation of law to certain ideals which law is meant to achieve. It investigates the purpose of law and the measure and manner in which that purpose is fulfilled. The philosophical jurist regards law neither as the arbitrary command of a ruler nor as the creation of historical necessity. To him law is the product of human reason and its purpose is to elevate and ennoble human personaity.

Historical jurisprudence distinguished from Legal History: Legal history is not synonymous with historical jurisprudence. Legal history sets forth the historical process whereby a particular legal system has grown and come to be what it is. Historical Jurisprudence, on the other hand, is the history not of the legal system but of the first principles and basic concepts of the legal system. Historical Jurisprudence thus traces how the concepts of property and of contract germinated and developed. The legal history,champagne wedding dresses, say, of England, expounds how the law of property or of contracts was altered and developed from time to time. There can be no doubt that legal history is the store-house from which the historical jurist draws his conclusions. With the aid of legal history, the historical jurist can demonstrate how the fundamental notions lying at the basis of the legal system have evolved and trace scientifically the history of the first principes of law.

The positive school takes for granted the developed legal system and proceeds logically to analyse its basic concepts and classify them so as to bring out their relations to one another. This concentration on the systematic analysis of legal concepts has given this school the name of analytical school of jurisprudence.

Historical School:

Analytical School:

1. ANALYTICAL SCHOOL.

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