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Classical School of Jurisprudence
Classical schools of
jurisprudence:
A. Analytical
school: àBy
John Austin
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Positive school
of law
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Sources are from
Hart, Austin, Kelson, Bentham
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Based on morals
and ethics
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Reason was the
influence of scientific methods upon social sciences including jurisprudence
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Coined by Sir
Henry Maine as Analytical school.
B. Ethical
School: à
By Immanual Kant
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Based on
motivist theory
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Speaks on Deontologism
of duty and obligation
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Man performs a
moral act if and only if one does whatever one is obliged to fo
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There are 2
types one is where it is one I accordance with duty (fear if not doing so would
amount to negligence) and the other is done from sense of duty (special
obligation due to relationship)
C. Sociological
School: à
By Roscoe Pound
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To balance
conflicting individuals or social interest in order to achieve the maximum want
with the minimum social function.
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Judges has
special duty to consider practical effects of their decisions to strive and
ensure they facilitated rather than hindered societal growth.
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