Monday, 7 September 2015

Types of Jurisprudence

Salmond divides jurisprudence into three kinds: They are Analytical, Historical, and   Ethical

Analytical Jurisprudence: Analytical jurisprudence deals with the analysis of basic principles of law. It is not concerned with the past stages of its evolution. It is also not concerned with its goodness or badness. The purpose is to analyse and dissect the law of the land as it exists today.

Historical jurisprudence: Historical jurisprudence deals with the scientific study of evolution and development of principle of law. Historical jurisprudence is the history of the legal principles and conceptions of legal system. The contribution of historical school is that law cannot be understood without an appreciation of the Historical jurisprudence is a movement for fact against fancy, a call for a return form myth to reality.

Ethical jurisprudence: Ethical jurisprudence deals with the law as it ought to be in an ideal state. It investigates the purpose of law and the measure and manner in which that purpose is fulfilled. It concerns itself with the relation of law to certain ideals which law is meant to achieve.

Analytical Scholars / Jurists:  Jeremy bentham was the real founder of the English Analytical School. Later on Austin took over the analytical method. Other chief exponents are Sir William Markby. Amos, Holland, Salmond and prof. Hart.

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