ANALYTICAL JURISPRUDENCE Analytical jurisprudence is a method of legal study that concentrates on the logical structure of law‚ the meanings and uses of its concepts‚ and the formal terms and the modes of its operation. It draws on the resources of modern analytical philosophy to try to understand the nature of law. It is not concerned with the past stages of its evolution or its goodness or badness. Law exist as it is‚ regardless of good or bad‚ past or future. “a law‚ which actually exist‚ is
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THE RELEVANCE OF THE SOCIOLOGICAL SCHOOL OF JURISPRUDENCE TO LEGAL STUDIES IN NIGERIA BY ETUDAIYE‚ MUHTAR ADEIZA INTRODUCTION Jurisprudence among its many definitions has been described as being concerned with “the nature of law‚ its purposes‚ the means (institutional and conceptual) necessary to effectuate these purposes‚ the limits of the law‟s efficacy‚ the relation of law to justice and morality and the modes by which law changes and grows historically”.1 This is a definition that is almost apt
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CHANAKYA NATIONAL LAW UNIVERSITY PROJECT REPORTS FIFTH SEMESTER 2010 JURISPRUDENCE ON THE TOPIC “MARXIST INTERPRETATION OF LAW” GUIDANCE AND INSTRUCTIONS BY : MR. MANORANJAN FACULTY FOR JURISPRUDENCE SUBMITTED BY: TULIKA SINGH ROLL NO. 278 Acknowledgement: This is to state that I‚ (TULIKA SINGH‚ ROLL-278) completed my fifth semester project work of JURISPRUDENCE on the topic “MARXIST INETERPRETATION OF LAW”. This project would have not come
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Jurisprudence Essay Positive Law vs. Natural Law “A man’s conscience and his judgment is the same thing; and as the judgment‚ so also the conscience‚ may be erroneous.” (Hobbes 1651) When involving human instinct in the process of human law making‚ human emotions will undoubtedly be involved‚ thus causing mayhem. Positive law‚ on the other hand‚ allows a sovereign state to enact laws through a sovereign authority‚ stern punishments‚ and excluding morality‚ thus
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NATURAL LAW – DUTY TO OBEY UNJUST LAWS Important aspects of natural law can be traced back to Aristotle‚ Plato and the stories of Sophocles‚ Antigone & Oedipus. They offered arguments for the existence of a higher form of law‚ a set of standards against which existing legal norms can be compared and judged. Plato argued that individual objects (e.g. individual trees and chairs and individual instances of equality or beauty) were imperfect reflections or instances of an eternal Idea or Form
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particular laws come to be included within legal systems is a characteristic question of some theories known as theories of legal positivism The question of whether all legal systems or even all laws‚ partake of some more general moral qualities is characteristic of some theories known as natural law theories Hybrid theories (that of Dworkin) suggest that the manner in which any and every particular law becomes part of a legal system can only be understood in terms of the enterprise of law at its most
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What is Jurisprudence The term Jurisprudence is derived from the Latin word “Jurisprudentia” which means either “knowledge of law” or “skill of law”. The definitions for jurisprudence are universal; however the following definition was given by a leading jurist. According to known Barrister-at-law Esq John Austin‚ jurisprudence is a “philosophy of positive law” which is laid down by a political superior for controlling the conduct of those subject to his authority. He states that jurisprudence
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LEGAL & ETHICAL issues in Nursing Nursing Etiquette concerned with moral principle governing the conduct of nurses towards patients‚ physicians‚ colleagues‚ the nursing profession and public Ethics part of philosophy that deals with systematic approaches to questions of morality a term for the study of how we make judgments regarding right and wrong a system of MORAL PRINCIPLES or moral standards governing conduct Moral human conduct in the application of ethics Concerned with JUDGMENT
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Compilation on Jurisprudence on Rape From years 2000-2009 2009 People of the Philippines Vs. Ruben Corpuz G.R. No. 175836 January 30‚ 2009 Ruling: In People v. Adajio‚ the Court found that fear of bodily harm and fear for the safety of her family prevented the therein complainant from shouting for help‚ caused her to spread her legs upon the order of her rapist‚ and compelled her to follow him to the place where the second charge of rape occurred. It thus held that
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6. Sources Thomas Aquinas‚ On Law‚ Morality and Politics (Indianapolis: Hackett Publishing Co.‚ 1988) John Austin‚ Lectures on Jurisprudence and the Philosophy of Positive Law (St. Clair Shores‚ MI: Scholarly Press‚ 1977) ------The Province of Jurisprudence Determined (Cambridge: Cambridge University Press‚ 1995) Jeremy Bentham‚ A Fragment of Government (Cambridge: Cambridge University Press‚ 1988) ------Of Laws In General (London: Athlone Press‚ 1970) ------The Principles of Morals and
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