Jurisprudence Analytical Historical Ethical

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2 Kinds of Jurisprudence 2 Jurisprudence Analytical Historical Ethical

3 Aspects of Jurisprudence 3 Jurisprudence has two Aspects; Practical: Practical Jurisprudence deals with individual problem such as the law of contract and specific relief etc. Theoretical: Theoretical study deals with the Generality of Law. It is confined to the study of the General Fundamental Principles of Law.

4 4 Analytical Jurisprudence

5 Analytical School of Jurisprudence 5 Main Exponents: From England From USA From Europe Bentham Gray Keleson Austin Jhon Feld Korkunov Sir Willium Marlkey Sheldon Amos Holland Salmond Prof. H.L.A Hart

6 Analytical School Jurisprudence 6 Features of this School are; It deals with the analysis of basic Principles of Civil Law as it exists. It gives no attention to their past stages of the Evolution of law. It also not concern with the Goodness or Badness of Law. It more or less ignores the Historical & Ethical aspects of the law. It only analyses what the law is and what it might be in the present scenario with its philosophical perspective.

7 Analytical School Jurisprudence 7 Scope of this School extends to; Analysis of the Civil Law Treatment of complex ideas Examination of relations between civil law & other forms of law Study of Sources of law An investigation of theory of Legislation, Precedent & Custom Classification of the entire body of law (corpus Juris) with reasons therefore Treatment of Rights, their kinds, their creation, transferring and extinction Dealing with Legal Liability Investigation of such legal concepts as Property, Possession, Trust etc.

8 8 Historical Jurisprudence

9 Historical School of Jurisprudence 9 Main Exponents: Savigny Montesqieu Rousseau

10 Historical School Jurisprudence 10 Scope of this School are; It only concern with the scientific study of the origin and development of the principles of law. By this we know the source of a particular principle of law, its derivation, its shape & scope in the past, How & under what influences it came to develop and through what stages it passed assume finally the shape in which we find it today. It deals with the study of the evolution of the fundamental legal conceptions in the early societies.

11 11 Ethical Jurisprudence

12 Ethical School of Jurisprudence 12 Main Exponents: Bentham Hobbes Kant

13 Ethical School of Jurisprudence 13 Scope of this School are; It deals with the law as it ought to be in an ideal state. It confines to the study of the purposes of the law and whether such purposes are fulfilled by such laws. In case of deficiency in it, what modifications are needed to enable it to fulfill its object in its ethical aspect? Ethical Jurisprudence aims at bringing the principles of law to such a form in which attainment of justice may must be achieved.

14 14 Other Kinds of Jurisprudence

15 Sociological Jurisprudence 15 Purpose: It devotes the actual circumstances which give rise to legal institutions and which condition, their scope & operation.

16 Sociological Jurisprudence 16 Main Exponents: Montesquieu Comte Spencer Duguit

17 Sociological Jurisprudence 17 Scope of this School are; It was attempted to study law as seeking social Origin of Law & Legal Institutions..(ظہور) Testing Law as a given Social Phenomenon Judging Law by its Social Utility.

18 American Realism 18 Scope of this School are; The Realist ) پسند )حقیقت Movement is a part of the Sociological Approach. It differs from Sociological School as it concerned with the Ends of Law. It concentrates on a Scientific Observation of law in its making & working. The Advocates of the Realist Movement concentrate on the decisions given by the Law Courts.

19 Scandinavian Realists 19 Scope of this School are; It played a vital role in total rejection of Natural Law Philosophy.

20 Comparative Jurisprudence 20 Scope of this School are; The Comparative method considers the development of two or more systems of law.

21 Synthetic Jurisprudence 21 Main Exponents: Prof. Hall Julius Stone Dennis Llyod

22 Synthetic Jurisprudence 22 Scope of this School are; Law is a Synthetic (مصنوعی) whole and cannot be divided. The necessity of this arises from the Fact that it is Necessary to determine the Truth from all aspects and from different angles.

23 Relation of Jurisprudence 23 Relation of Jurisprudence with other Social Sciences; Jurisprudence & Sociology Jurisprudence & Psychology Jurisprudence & Economics Jurisprudence & Politics Jurisprudence & History Jurisprudence & Ethics

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