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  • JURISPRUDENCE / विधिशास्त्र: Get Subscription Now

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    This document discusses different views on the definition of jurisprudence. It provides definitions from John Austin and Thomas Erskine Holland. John Austin defined jurisprudence as the philosophy of positive law and separated metaphysical controversies from legal enterprise. Thomas Erskine Holland criticized Austin's use of the term "philosophy" and defined jurisprudence as the formal science of positive law, where formal means fundamental legal principles. The document also advertises the Linking App for accessing legal study materials and publications.

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    This document discusses different views on the definition of jurisprudence. It provides definitions from John Austin and Thomas Erskine Holland. John Austin defined jurisprudence as the philosophy of positive law and separated metaphysical controversies from legal enterprise. Thomas Erskine Holland criticized Austin's use of the term "philosophy" and defined jurisprudence as the formal science of positive law, where formal means fundamental legal principles. The document also advertises the Linking App for accessing legal study materials and publications.

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    © All Rights Reserved
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    10 views7 pages

    JURISPRUDENCE / विधिशास्त्र: Get Subscription Now

    Uploaded by

    raghavmayank886
    This document discusses different views on the definition of jurisprudence. It provides definitions from John Austin and Thomas Erskine Holland. John Austin defined jurisprudence as the philosophy of positive law and separated metaphysical controversies from legal enterprise. Thomas Erskine Holland criticized Austin's use of the term "philosophy" and defined jurisprudence as the formal science of positive law, where formal means fundamental legal principles. The document also advertises the Linking App for accessing legal study materials and publications.

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    © All Rights Reserved
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    of 7

    JURISPRUDENCE / विधिशास्त्र

    www.LinkingLaws.com Get Subscription Now


    LEGAL MAXIM >
    Animus Domini = Intention to held As Owner

    Obitur dictum
    Ratio Decidendi

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    www.LinkingLaws.com Get Subscription Now
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    www.LinkingLaws.com Get Subscription Now
    John Austin [1790 AD – 1859 AD]

    Jurisprudence is the Philosophy of Positive Law

    He Separated the meta – Physical controversy from


    Legal Enterprise

    Criticism
    The Term Philosophy & positive law are misleading

    Thomas Erskine Holland [1835AD – 1926AD]

    Jurisprudence is formal science of Positive Law

    Formal Means ‘Fundamental Legal Principles’

    Criticism
    The Term Philosophy of Austin definition led Holland to
    present this definition

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