Jurisprudence

Jurisprudence

Prof. H.L.A. Hart’s Concept of Law ||Concept of law by Prof. Hart || Jurisprudence ||

H.L.A. Hart went on to modify the theory of Austin and Kelsen. He defined the legal system as such in his book “The Concept of Law”.

“Legal system is a system of rules which are social in nature because firstly they regulate the conduct of a member of society and secondly, they drive from human social practices”.

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Jurisprudence

Realist School of Law || American Realism || Jurisprudence ||

The thesis of realists is based on the notion: “Law is what the psychology of courts determines – the aggregate of the item of judicial and official actions”. “Law is what the judges decide.” They emphasize the element of uncertainty in law and part played by the personal characteristics of the judge.

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Jurisprudence

Sociological School of Law ||Sociological Jurisprudence ||

In sociological school, law is considered as instrument of social welfare. The main idea of Sociological school is to establish a relation between the law and society. Sociological jurists see society as one single unit. Law is the only source, which controls the behavior of the individual in a society.

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Jurisprudence

Theory of law by Sir Henry Maine || Historical school of Jurisprudence ||

The historical school of jurisprudence reveals the belief that history is the foundation of the knowledge of the contemporary era. Two jurists who researched extensively in this area – Friedrich Carl Von Savigny (1799 – 1861) and Sir Henry Maine (1822-1888).

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Jurisprudence

Law of Status || Legal Personality || Jurisprudence||

Status is a condition that arises due to the membership of a class or group and affects the rights and duties of the members of that class. Law of status is the law that determined the natural, the domestic and the extra domestic relation of a man with the others in a civilized society.

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