JOHN AUSTIN’S IMPERATIVE SCHOOL Published The Province of Jurisprudence Determined *JURISPRUDENCE - the science of the law that

is from the science of legislation which he based on the principle of utility. Became the founder of the analytical school Analysis is the property of the school instead of being a method Science of legislation or philosophic jurisprudence a. The basis of jurisprudence  Law as the command of sovereign  Positive law is a general rule of conduct laid down by a political superior to a political inferior.  Determinate person and sanction  His aim: to separate positive law from such social rules; Jurisprudence be confined to a study of a particular system  His assumption: Certain principles, notions, and distinctions were common to all systems of law  Austin’s foundation is unstable - Reasons: 1. No universal rules of law 2. Few concepts common to all legal systems – no basis for gen. jurisprudence  An error: What is suitable for one particular economy is a universal rule  Paton’s: Jurisprudence is founded on the attempt to construct a science which will explain the relationship between law, its concept, and the life of society. b. The method of jurisprudence  Analysis is the chief tool of jurisprudence  Law is not static but organic with an inherent power of GROWTH  Error: All legal problems can be answered by analysis of the rules that exist and deductions from them.  Paton’s: Draw new values from the life of the community & RESHAPE THE RULES according to the standards of today.  Creative element not the static character of law c. The relation of laws and ethics  Law does not exist for the sake of consistency.  2 significant truths for jurisprudence: 1. Law that is does not exist as a perfectly proportioned body of rules; Not the law that is but the law that should be 2. It is difficult for any school to resist setting up an ideal  Law is separate from morals.  Law is a system of rules with a logic of its own capable of more satisfactory elucidation than heretofore.

Sign up to vote on this title
UsefulNot useful