JOHN AUSTIN’S IMPERATIVE SCHOOL **Jurisprudence – > the science of the law.
By science here, it is understood that connection of truths which is founded on principles either evident in themselves, or capable of demonstration; a collection of truths of the same kind, arranged in methodical order the practical science of giving wise interpretation to the laws, and making a just application to them to all cases as they arise the habit of judging the same questions in the same manner, and by this course of judgments forming precedents Published The Province of Jurisprudence Determined 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
Law that is does not exist as a perfectly proportioned body of rules. The relation of laws and ethics Law does not exist for the sake of consistency. It is difficult for any school to resist setting up an ideal – basis for constructive criticism Law can and ought to be made the subject of study separately from morals
.c. Not the law that is but the law that should be 2. 2 significant truths for jurisprudence: 1.