Subject: English Jurisprudence
Kinds of Jurisprudence
1. Analytical Jurisprudence
2. Historical Jurisprudence
3. Ethical Jurisprudence
4. Sociological Jurisprudence
5. Philosophical Jurisprudence
6. Scandinavian Jurisprudence
1. Analytical Jurisprudence (Relation of Law = State)
- The Logical Structure of the law is the meaning and uses of the concepts and the terms and modes of its operation.
- AJ deals with the analysis of the principles of law.
- Basic Principles of the existing civil law.
Criticism: No reflection from its subject; rather, it is GUN-MAN Law, which means not enforced through the use of force. It neglects the historical evolution of law and the moral aspect of law.
2. Historical Jurisprudence
- It is a customary approach similar to Halal, Haram, Namaz, etc.
- In the general principles governing the origin and its development of law.
- Legal conceptions in early society.
Criticism: Custom is not a law because it varies from area to area and has no legal force.
3. Ethical Jurisprudence
- Legal philosophy is concerned with the law from the viewpoint of its ethical significance and adequacy.
- Law is in an ideal state, and it is the concept of law.
- The study brings together moral and legal philosophy.
Criticism: Ethics regulates the means of inner life while law regulates the means of external life.
4. Sociological Jurisprudence
- Society develops the laws, E.g. FB Social Media Laws.
- Legal development lies neither in legislation nor injustice sciences or in judicial decisions.
Criticism: It is nothing but natural law in a different form.
5. Philosophical / Natural Jurisprudence
All laws are established based on reason or knowledge, and nature leads to reason or knowledge.
6. Scandinavian Jurisprudence
All laws are made by Judges or groups of skilled individuals.
Realistics says that law is what the judges say.
Criticism: It is theoretical operations rather than practical.
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