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Jurisprudence in Gist

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Jurisprudence in Gist
SCHOOLS OF JURISPRUDENCE |

Natural School of Jurisprudence

World and the living beings are the creation of the god and law is a voice of the god transferred to human for the better life is the theme of the natural philosophy. Guided by natural philosophy Scholars framed that law are not made but granted by God for human benefit in form of morality, equality, equity, fairness, justice, fraternity, rule of law, check and balance, separation of power and righteous conduct of the human being termed as “Natural Law”.

Natural law means the law that is largely unwritten and consists of principles of ought as revealed by human nature or reason or derived from God.

Hearaclitus, Socrates, Plato, Aristolte and Cicero represent the Ancient Naturalism

St. Augustine & St. Thomas Aquinas and Immanual Kant represent Medieval Naturalism

Hugo Grotius, Thomas Hobbes, John Locke and J. Rousseau represent Renaissance period

Rudolf Stambler, John Rawls, Finnis and Lion Fuller represent Modern Naturalism

Natural law came under attack in 18th and 19th centuries with the development of secularism and rationalism and its revival took place in the 20th century which has occupied a pervasive role in the realm of ethics, politics and law in the form of school of neo-scholastic by Stammler, Kohler and Radbruch.

HLA Hart attempted to restate a natural law position from the semi-sociological point of view.

Natural Law was refuted by Vicco, Alder, Ross, Herder, Montesquieu, Hume, Adam Smith, Ferguson, Miller, J Carnap and Ayer.

Analytical School of Jurisprudence

Concept of the authority and state came into existence with the development of the human civilization and law was treated as the order of the supreme authority with good morals, competence and will to decide in the favor of greatest happiness for the greatest number, creating the analytical school of jurisprudence.

Jeremy Bentham regarded as the founder and John Austin as the father of the

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