Tiêu đề English Jurisprudence question No 1..pdf ✅

ALVI LAW ASSOCIATES 0313-4384159 Regards: Wajeeh Ahsan Alvi (M.A, LLB, DTL) Contact No: 0313-4384159 NOTE: These notes are the intellectual property of ALVI LAW ASSOCIATES by WAJEEH AHSAN ALVI not for sale not for Re-forward if anyone found in any of above activity will responsible for the consequences. If you are going to study these Notes, I’ll recommend you to take lecture of these questions for better understanding and concept building then you will be better able to understand the question and answer accordingly. All lectures and important stuff is available on my YouTube channel. Channel name Alvi Law Associates. For free notes and lectures series WhatsApp only. Here is the playlist of all lectures of ENGLISH JURISPRUDENCE you can watch lecture of this question from here. https://www.youtube.com/watch?v=pap1Dai9vhQ&list=PLXTPClsX 2hdCOj95eYG5BOd7z1Pq2yov9&pp=iAQB Question # 01: Define Jurisprudence, its kinds and discuss the scope of Jurisprudence? (This question is from 1st topic of outline). 1. INTRODUCTION: Jurisprudence is the study of law and its principles. It helps us understand the reasons behind laws and how they shape societies. Exploring concepts like justice, rights, and legal systems, jurisprudence guides us in making fair decisions. It's like a roadmap for understanding the foundations of law and its impact on our daily lives.
2. MEANING OF JURISPRUDENCE: • Literal Meaning: “The word Jurisprudence is the combination of two words juris means “law” and prudence means knowledge so Jurisprudence means the study of law.” 3. DEFINITION OF JURISPRUDENCE: • According to Salmond: “Jurisprudence is the science of Law.” • According to Austin: “Jurisprudence as the Philosophy of Positive law.” • According to Dicey: “Jurisprudence as a particular method of study not of law of one country but general nations of law itself.” 4. NATURE OF JURISPRUDENCE: Jurisprudence is like a guide that helps us understand and study the law. It's not about specific laws, but more about why we have laws and what they mean. Imagine you have a big puzzle, and jurisprudence is like figuring out how all the pieces fit together. It explores questions like "What is justice?" and "Why do we have rules?" So, the nature of jurisprudence is like asking the big "why" questions about laws and figuring out the reasons behind them. It's like the curious mind trying to understand the purpose and meaning of the rules that shape our society. 5. KINDS OF JURISPRUDENCE: Following are the most important kinds of the Jurisprudence. • ANALYTICAL JURISPRUDENCE:
✓ General Viewpoint: Analytical jurisprudence is a legal theory that emphasizes the systematic analysis of legal concepts and language. It seeks to understand the nature of law by dissecting its components and examining their logical relationships. ✓ Main Exponents: • Jeremy Bentham: • John Austin: ✓ Characteristics: Command Theory: Austin's analytical jurisprudence is characterized by the concept of "command theory," which posits that laws are commands issued by a sovereign authority to the subjects, backed by the threat of punishment. Legal Positivism: Another key characteristic is legal positivism, where Austin separates law from morality and emphasizes that the validity of a law is determined by its source (i.e., the sovereign authority) rather than its moral content. ✓ Criticism: Analytical jurisprudence has been criticized for its narrow focus on the external aspects of law, neglecting the inherent moral and social dimensions that contribute to a more comprehensive understanding of legal systems. • HISTORICAL JURISPRUDENCE: ✓ General Point of View: Montesquieu and Savigny believed that understanding laws requires looking at history, society, and culture. Laws are not just rules; they're shaped by the unique situations of a place and time.
✓ Main Exponents: Montesquieu: Savigny: ✓ Characteristics: Cultural Embeddedness: Laws should match a society's culture. They shouldn't be random rules; they need to make sense in the context of a community's way of life. Organic Development: Laws should grow naturally from a society's history and traditions, not be forced. It's like letting laws evolve rather than trying to create them from scratch. ✓ Criticism: Some people say historical jurisprudence can be a problem because it might make us stick too much to the past, slowing down changes and improvements in the law. • ETHICAL JURISPRUDENCE: ✓ General View: Ethical jurisprudence, as presented by Hugo Grotius and Hegel, revolves around the idea that ethical principles should form the basis of legal systems. Both philosophers emphasize the connection between ethics and law, advocating for a harmonious relationship between moral values and legal norms. ✓ Main Exponents: Hugo Grotius: Hegel: ✓ Characteristics: Natural Law Basis: