Abstract

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Jurisprudence is mainly the study of the science and philosophy of law. It includes all the materials that are studied under the legal system. On the other hand, International law is the rules and regulations which are established internationally with the agreement between the countries. It is said that, international law is the vanishing point of jurisprudence as the rules of international law are not mandatory to follow as it is not enforced by a sovereign authority and this is the main focus of this assignment. I would like to thank my honorable faculty Barrister Arif Billah for his support during the project and also all my friends and classmates who helped me to complete this project on time.

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Topic Analysis 3.Table of Contents: TOPIC 1. Research Findings 4. Reference Page 03 08 10 10 11 2 . Conclusion 5. Introduction of Jurisprudence and International Law 2.

Jurisprudence focuses on encouraging careful research on the relations between jurisprudential questions and theoretical debates in anthropology. sociology. It tries to clarify the misunderstandings and articulate a combined outlook of legal philosophy. The editorial policy of jurisprudence is very open-minded in relation to philosophical approach. The sociological branch examines the actual effects of the law within society and the influence of social cultures and rules on different branches and aspects of law. Morison. John Austin 160-170 (1982). See Thomas E.L. The theoretical branch evaluates and criticizes law in terms of the morals or goals that were set to be achieved. Elements of Jurisprudence (1924) (13 editions of Elements of Jurisprudence between 1880 and 1924). moral philosophy. Dicey. 3 . Neil Duxbury. The analytical branch formulates axioms. A. the philosophy of religion and the philosophy of mind to analyze the legal theories. It tries to enlighten people on contemporary jurisprudential questions and increase the knowledge of legal philosophy. and prescribes the methods that enable the legal order to be implemented as a consistent logical system. Jurisprudence is mainly divided into three branches: analytical. Frederick Pollock and the English Juristic Tradition 101 (2004).V. Jurisprudence aims at supporting the study of the intellectual history of the philosophy of law. sociological.Jurisprudence: Jurisprudence is the science or philosophy of law. Jurisprudence includes political philosophy. defines terms. Holland. At the same time. Jurisprudence provides a forum for scholarly writing on the philosophy of law. clarity and strictness. 01. politics and society. it demands the proper intellectual honesty. The journal‟s unique reviews section will provide in-depth discussion and analysis of major developments in the field. A Digest of the Laws of England with Reference to the Conflict of Laws 14 (1896). W. A main purpose of the journal is to encourage scholarship which explores and transcends the categories and assumptions on which contemporary jurisprudential debates are conducted. and theoretical. cultural and literary studies. and to stimulate reflection upon traditional questions concerning the nature of law. Aims of Jurisprudence: Jurisprudence tries to encourage research exploring the relation between questions in the philosophy of law and debates in related branches of philosophy.

01. economics. in The Province of Jurisprudence Determined 18 (W.law. classify. moral. Legal philosophy has many aspects. religion. right of the legal authorities etc. The second type of jurisprudence compares and contrasts law with other fields of knowledge such as literature. and cultural basis of a particular legal concept and theory.The word jurisprudence is derived from the Latin term juris prudentia. The first and the most widespread form of jurisprudence seek to analyze. explain." In the United States jurisprudence commonly means the philosophy of law.. or science of law.E.cornell. humanitarian studies and social sciences. 1995).merriamwebster. and criticize entire factors of law. but four of them are the most common. See Jurisprudence Retrieved from http://www. decision making of the judges. Law school textbooks and legal encyclopedias represent this type of scholarship. Retrieved from http://www. The third type of jurisprudence focuses on the analysis of the historical. knowledge. The fourth body of jurisprudence focuses on finding the answer to such abstract questions on the definitions and implementations of law. Rumble ed. Lecture I.com/dictionary/jurisprudence 02. which means "the study. 4 . See Jurisprudence.edu/wex/jurisprudence 03. See John Austin.

procedure. property and obligation. the scope of international law has been redefined to include relations between states and individuals. concerns itself only with questions of rights between several nations or nations and the citizens or subjects of other nations. Public international law. though recently. and their treatment of individuals within State boundaries.International law: International law defines the legal responsibilities of States in their conduct with each other. Issues of private international law may also implicate issues of public international law. International law. The following are major substantive fields of international law: International economic law International security law International criminal law International environmental law Diplomatic law International humanitarian law or law of war. In contrast. It also includes substantive law. International Law is rooted in acceptance by the nation states which constitute the system. arising out of situations having significant relationship to more than one nation. International human rights law 01. I Brownlie. international law consisted of rules and principles governing the relations and dealings of nations with each other. Traditionally. DOMAINS OF INTERNATIONAL LAW: International Law includes the basic. and relations between international organizations. classic concepts of law in national legal systems -. Principles of Public International Law (OUP 2008) 5 .edu/wex/international_law 02. process and remedies. Retrieved from http://www. natural or juridical. In recent years the line between public and private international law have became increasingly uncertain.cornell.status. and many matters of private international law have substantial significance for the international community of nations.law. Private international law deals with controversies between private persons.

I Brownlie. It dissuades courts from deciding cases that would interfere with a country‟s foreign policy. The analytical school of jurists led by John Austin and his followers says that international law is not a law due to the following limitations: 1. 01.in the instance where two nations share common public policy ideas. There are three main legal principles recognized in much of international law.law. The superior should be a sovereign authority. Many other treaties are deposited with governments or other entities. Act of State Doctrine . There is no such superior authority to command international law. Principles of Public International Law (OUP 2008) 6 .More than 500 multilateral treaties have been deposited with the Secretary-General of the United Nations. one of them submits to the laws and judicial decrees of the other. The General Assembly is the main deliberative body of the United Nations. Retrieved from http://www.cornell. which are not required. International law.edu/wex/international_law 02.deals with actions brought in the court of one nation against another foreign nation and prevents the sovereign state from being tried in court without its consent. Limitations of International law: There is a continuing debate amongst jurists and legal theorists about whether the international law is a law or not.respects that a nation is sovereign in its own territory and its official domestic actions may not be questioned by the judicial bodies of another country. International Law is not the command of a Determinate Human Superior to an Inferior: Every law is a command of a superior to inferior. Many multilateral treaties are adopted by it and subsequently opened for signature and ratification by member States of the United Nation. but are based chiefly on courtesy and respect: Principle of Comity . Doctrine of Sovereign Immunity .

Available at SSRN: http://ssrn. 3. 2012-36. 2012). Every state is internally sovereign with absolute and unlimited authority. International Law does not enjoy the sanction of any coercive authority: Every law has an punishment attached to it. International law is law in the same sense in which municipal law is law.com/abstract=2080476 or http://dx. The violators of the law should be punished according the law.org/10.2080476\ 7 . There are no competent courts to interpret International Law: The state law is interpreted by and enforced by courts. Why Jurisprudence Doesn't Matter for Customary International Law (June 9.2139/ssrn. Walt. Virginia Public Law and Legal Theory Research Paper No. The international law on the other hand has no such authority to sanction it and so does not involve any legal punishment. International law (n.. International Law comes in conflict with the sovereignty of State: International law completely contradicts the sovereignty of the State. State law is backed by its coercive authority. But there is no such court in international field. 01. There is yet another modern school of thought known as the historical school of jurists who contend that international law is law in the real sense of the word. There are many analysis of international law and there is no clearance of what particular issue is being pointed by the international law.com/blogs/607/IMPORTANTQUESTIONS-AND-ANSWERS-OF-INTERNATIONAL-LAW 02.) Retrieved from http://www.boxiz. Austin and his followers point out that recognition of international law as law would involve a limitation on the external sovereignty of the state and question the sovereignty of a state. A sovereign state does not really need to obey international law as it does not comply with any superiority in international arena.doi. It is a contradiction to the theory of the state because sovereignty of the state is recognized to be a must for any state to be considered as a state.d. So the following the rules of the international law depends on the will of the nations. Steven D. 4.2.

on the basis of these controversies. 03. No sanction exists for this kind of law. The parallel lines should be on the same plain. According to him the law of nations is but private law 01. International Law generally differs from ordinary law as it is not enforced by a State and differs from ordinary morality as it is a rule for States and not for individuals. So we can conclude that such rules as are voluntarily. New Jersie: The law book exchange 04. Y. He has clarified his Premark with suitable reasons. T. Holland. So the rules of international law can be violated easily without any punishment or legal actions. 39 Brit. (2006) The elements of jurisprudence. 216 (1963) 02. Retrieved from http://www. Law theorists say that international law cannot be kept in the category of law mainly because it is not enforced by a sovereign authority.E. Rumble ed. we need to know what a vanishing point is. So. Holland remarks that international law is the vanishing point of jurisprudence. Nathan Feinberg. John Austin. Holland strongly believes that international law can indeed be described as law only by courtesy.B. 1995).. It can not be described on legal terms as the rights can be easily violated and the concerns of international law is not always taken into account and also can not be implemented worldwide. observed by every state in its dealings with the rest can be called law only by courtesy. International law is the vanishing point of Jurisprudence (2012).lawyersnjurists. Jurisprudence and international law are completely different and separated from each other. Int‟l Law 189. Now. but they may seem same at the vanishing point. as an analytical jurist. to clarify that international law and jurisprudence are parallel to each other. in The Province of Jurisprudence Determined 18 (W.E.com/articles-reports-journals/law-and-ethics 8 .Topic Analysis: According to Holland International law is the vanishing point of jurisprudence. Unilateral Withdrawal From an International Organization. It is also said that Holland‟s view on international law may be was correct in the past but at present the same is subjected to severe criticism as character of International law has changed a great deal in recent times due to the obligation of nations to oblige many social. Lecture I. Holland used the words “vanishing point” in relation to international law and jurisprudence. Vanishing point is the meeting point or the point of intersection of two parallel lines. though habitually. environmental and humanitarian characteristics of international law.

„writ large‟. Retrieved from http://wiki. According to Paton.com/articles-reports-journals/law-and-ethics 08. but it is harder to deal with a nation that is a lawbreaker than to expel a primitive man from his community hence while primitive and International Law both lack institutional machinery. its decisions are not conclusive so as to finally settle legal disputes between States.answers. The public opinion of the world may be a factor not lightly to be ignored.scribd.).lawyersnjurists. Retrieved from http://www. Holland.com/Q/International_law_is_the_vanishing_point_of_Jurisprudence 06. It is true that the international law of peace is seldom broken. New Jersie: The law book exchange 07. (2006) The elements of jurisprudence.d. it ceases to be itself. International Law has no legislature and no executive. since it lacks any arbiter of disputed questions nor it saves any public opinion. and is transformed into the public law of a Federal government. while a Court exists. Jurisprudence and ethics (2011) Retrieved from http://www. and. International law is the vanishing point of Jurisprudence (2012). The international legislative machinery is not so efficient as a State legislative machinery. We can say that international Law as the vanishing point of jurisprudence. International law is the vanishing point of Jurisprudence (n. it can act only with the consent of the parties and has no real power to enforce its decisions. Its judiciary as represented by the International Court of compelling jurisdiction. In the strict sense.com/doc/34969561/Essays-in-Jurisprudence-and-Ethics 9 . T. International Law is very weak on the institutional side there is no legislature. There are violations of principles of International Law often by stronger nations of the world. it being the collection of usages which the civilized states have agreed to observe in their dealings with one another. but once grave issues arise we see flagrant disregard of accepted rules.E. It goes beyond the disputant parties and in such proportion that it often becomes assimilated to true law by the aggregation of States in a large society. International Law is not the product of an international legislature. the sanctions of the former are really more effective since they are brought to bear on the individual and not on the nation” 05.

It is also said that Holland‟s view on international law may be was correct in the past but at present the same is subjected to severe criticism as character of International law has changed a great deal in recent times due to the obligation of nations to oblige many social. jurisprudence and international law is not that parallel. The person can only be trialed under the laws of his or her own state. But things are changing these days as international laws are strictly followed all over the world due to rapid globalization and other radical changes. So. Although. foreign exchange and global businesses. these days this thinking has changed a lot. One can not implement the international law against a person of any country even though his country has agreed into any international law agreement. We can also conclude that international law is mostly a courtesy and is followed depending on the will of the countries. He or she is only subject to the territorial jurisdiction of the country. These days international law is more advanced. previously it was believed that international law is the vanishing point of jurisdiction. International law can indeed be described as law only by courtesy. 10 . Conclusion: International law is regarded as the vanishing point of jurisprudence. not by any international law as the international law is not enforced by a sovereign authority. these days. This law is enforced during the export and import of goods. It is believed that international law should not be regarded as law as it is easily violated and there is no sovereign authority to enforce it. International law is followed correctly in many countries all over the world. There is international court to ensure these rules are not violated. It can not be described on legal terms as the rights can be easily violated and the concerns of international law is not always taken into account and also can not be implemented worldwide.Research Findings: Jurisprudence assists with a definite theory of the implementation of international law. environmental and humanitarian characteristics of international law.

Jurisprudence Retrieved from http://www.. Int‟l Law 189. W. Rumble ed. International law.law.com/blogs/607/IMPORTANTQUESTIONS-AND-ANSWERS-OF-INTERNATIONAL-LAW 14. Lecture I. Frederick Pollock and the English Juristic Tradition 101 (2004). in The Province of Jurisprudence Determined 18 (W.) Retrieved from http://www.E. Principles of Public International Law (OUP 2008) 11 . Walt.cornell..edu/wex/international_law 22. 21. 39 Brit. Retrieved from http://www. 18.com/abstract=2080476 or http://dx. 2012).d.B.org/10. A Digest of the Laws of England with Reference to the Conflict of Laws 14 (1896). International law is the vanishing point of Jurisprudence (n. Thomas E. John Austin.cornell.law. 17.2139/ssrn. Jurisprudence.scribd.com/articles-reports-journals/law-and-ethics 12. Why Jurisprudence Doesn't Matter for Customary International Law (June 9. The Concept of Law (1961) Oxford University Press. (2006) The elements of jurisprudence. Retrieved from http://www. T. Hart. Available at SSRN: http://ssrn. International law is the vanishing point of Jurisprudence (2012). I Brownlie.Reference: 09. L.E. Elements of Jurisprudence (1924) (13 editions of Elements of Jurisprudence between 1880 and 1924). Dicey.V.d. Morison.com/dictionary/jurisprudence 19. Steven D. Retrieved from http://www. Holland.answers. Neil Duxbury.2080476 15. H. International law (n.edu/wex/jurisprudence 20. Retrieved from http://wiki.com/doc/34969561/Essays-in-Jurisprudence-and-Ethics 13. Virginia Public Law and Legal Theory Research Paper No. New Jersie: The law book exchange 11. 1995). Unilateral Withdrawal From an International Organization. A. 2012-36.merriamwebster. Jurisprudence and ethics (2011) Retrieved from http://www. Nathan Feinberg.L.lawyersnjurists. Holland.doi. 216 (1963) 16. John Austin 160-170 (1982).).com/Q/International_law_is_the_vanishing_point_of_Jurisprudence 10. A. Y.boxiz.

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