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Schools of Jurisprudence and Legal Theory | Analytical School and Historical School
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Hello Friends!
In today’s Video Lets start with Basics of Jurisprudence!
Mainly there are 4 Schools of Jurisprudence:
1. Analytical School
2. Philosophical School
3. Historical School
4. Sociological School
ANALYTICAL SCHOOL - The main aspect of this School is ‘Relationship of Law with State’. Main Exponents of this School are Jeremy Bentham and John Austin. Both are popularly Known as the Fathers of Analytical School.
Jeremy Bentham in his book ‘Limits of Jurisprudence Defined’ said that State`s objective is to provide and ascertain Maximum Liberty and Maximum Happiness - This is Known as Doctrine of Utility.
John Austin - His Lectures are accumulated in the name of 'Province of Jurisprudence Defined’ - According to him "Law is a Rule laid down for the Guidance of an Intelligent Being By an Intelligent Being having Power over him”. Law is a Command by the Sovereign backed by Sanction.
HISTORICAL SCHOOL - Main Aspect of Historical School is Relationship between Law and Society. This School mainly believes that every Society has its own specific needs and necessities which majorly decides the Behaviour of the Society. As and when the needs changes; the Behaviour also changes.
Many Jurists have contributed in the Development of Historical School, like - Montesquieu, Puchta, Burke, Savigny, Henry Maine.
Savigny - He is the Father of Historical School - and his major contribution to this school was ‘Volkgeist Theory’ - which means that Law has its root in the General will or General Conscious of the People. According to him ‘"Law grows with the Growth and strengthens with the strength of the people and finally dies away as the Nation loses its Nationality’.
Henry Maine - His outlook was too broad to include him to remain within the confines of just one school. His main contribution was the evolution or transformation of societies "from status to contract” and "Legal Fictions, Equity and Legislation”.
Jurisprudence is a very important subject for regular LLB studies as well as various Competitive exams such as CLAT PG 2019, NET 2018 and also for Judiciary and UPSC preparation!
Psst! If you find this Video helpful - then Kindly Like and Share my Videos - So that I keep curating more Content for You!
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Courses-
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In today’s Video Lets start with Basics of Jurisprudence!
Mainly there are 4 Schools of Jurisprudence:
1. Analytical School
2. Philosophical School
3. Historical School
4. Sociological School
ANALYTICAL SCHOOL - The main aspect of this School is ‘Relationship of Law with State’. Main Exponents of this School are Jeremy Bentham and John Austin. Both are popularly Known as the Fathers of Analytical School.
Jeremy Bentham in his book ‘Limits of Jurisprudence Defined’ said that State`s objective is to provide and ascertain Maximum Liberty and Maximum Happiness - This is Known as Doctrine of Utility.
John Austin - His Lectures are accumulated in the name of 'Province of Jurisprudence Defined’ - According to him "Law is a Rule laid down for the Guidance of an Intelligent Being By an Intelligent Being having Power over him”. Law is a Command by the Sovereign backed by Sanction.
HISTORICAL SCHOOL - Main Aspect of Historical School is Relationship between Law and Society. This School mainly believes that every Society has its own specific needs and necessities which majorly decides the Behaviour of the Society. As and when the needs changes; the Behaviour also changes.
Many Jurists have contributed in the Development of Historical School, like - Montesquieu, Puchta, Burke, Savigny, Henry Maine.
Savigny - He is the Father of Historical School - and his major contribution to this school was ‘Volkgeist Theory’ - which means that Law has its root in the General will or General Conscious of the People. According to him ‘"Law grows with the Growth and strengthens with the strength of the people and finally dies away as the Nation loses its Nationality’.
Henry Maine - His outlook was too broad to include him to remain within the confines of just one school. His main contribution was the evolution or transformation of societies "from status to contract” and "Legal Fictions, Equity and Legislation”.
Jurisprudence is a very important subject for regular LLB studies as well as various Competitive exams such as CLAT PG 2019, NET 2018 and also for Judiciary and UPSC preparation!
Psst! If you find this Video helpful - then Kindly Like and Share my Videos - So that I keep curating more Content for You!
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Courses-
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