Jurisprudence 5

Front 1

"the idea of unity, as the highest condition​of all imaginavle scientific knowledge, is not a sum of legal details but a peculiar ultimate way of ordering the contents of our consciousness"

Back 1

Stammler

Front 2

"all positive law is an attempt at just law. Justice is a harmony of wills or purposes"

Back 2

Stammler

Front 3

"law is a species of will, others-reagrding, self-authoritative and inviolable. Law is necessary a priori because it is inevitably implied in the idea of cooperation"

Back 3

Stammler

Front 4

"justice has an ideal content which is the absolute value if personality or the equal freedom of all men"

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Vecchio

Front 5

"valid law means an abstract set of normative ideas which serve as a scheme of interpretation for the phenomena of law in action"

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Ross

Front 6

"a norm is a directive which stands in a relation of correspondence to social facts"

Back 6

Ross

Front 7

Book- on law and justice, directives and norms

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Ross

Front 8

Jurisprudence comes from the word

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Jurisprudentia

Front 9

Who coined the term positivism

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Comte

Front 10

Father and main thinkers of analytical school

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Autin. Bentham, Holland, salmond, hart

Front 11

Austin's division of jurisprudence

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General and particular

Front 12

Who gave a death blow to natural law

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Austin

Front 13

Brntham's division of jurisprudence

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Expositorial and censorial

Front 14

Benthams philosophy is called

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Utilitarian individualism

Front 15

Pleasure and pain theory

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Bentham

Front 16

Acc to analytical school, main source of law is

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Legislation

Front 17

Gunman law

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Analytical or positivist theory

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Correlated law and morality

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Hart

Front 19

Distinguishes between primary and secondary rules, and inagines a society without legislature, courts or officials

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Hart

Front 20

Most important feature of a legal system is how the law jobs get done

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Llewellyn

Front 21

Propounded the theory of functional attitude

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Pound

Front 22

Provided jural postulates of civilised society

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Pound

Front 23

Pound's division of natural law

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Natural natural law and positive natural law

Front 24

Father of historical school and their primary source of laws

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Savigny, custom

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Hugo and Burke thought

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Law develops and changes

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....supoorted codification and .....opposed it

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Thaibaut, savigny

Front 27

Who said....'encouraged juristic pessimism

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Pound, savigny

Front 28

Stressed the importance of studying living law

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Ehlrich

Front 29

Law is found, not made; and not universal. Discourages hasty legislation

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Historicals

Front 30

Calls the Philosophical school philosophical historism

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Friedmann

Front 31

Intordiced historic comparative method, divided societies into static and progressive, social progress by legal fiction, equity and legislation

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Maine

Front 32

Family is disintegrated into individuals

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Maine

Front 33

Father and other exponents of historical jurisprudence

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Grotius, Hobbes, locke, hegel, fichte, stammler

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'law of the Constitution, law and public opinion in England'; 'churches in the modern state, divine right of kings, from gerson to grotius'

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Dicey, figgis

Front 35

Rejected democracy and universal franchise and supported monarchy

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Hegel

Front 36

Ancient greek philosophers working on the relation between natural justice and positive law

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Homer, Socrates, Aristotle, Plato

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Propounded social contract theory

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Grotius

Front 38

Established the idea of intellectual property of the ego over the world

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Descartes

Front 39

Deals with tge effect of law and society on each other

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Sociological school

Front 40

Law must create a balance between social needs and ideals prevailing at the time

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Social engineering

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Scientific positivism

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Comte. Applying science on sociology

Front 42

Social solidarity theory

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Duguit

Front 43

Legislation doesn't create law, merely defines it

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Social solidarity

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Reality of group personality

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Gierke

Front 45

First sociological jurist

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Ihering. Interest of community over individual

Front 46

Living law

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Ehlrich

Front 47

Law reproduces the principal fact of social solidarity

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Durkenheim

Front 48

Doctrine of real personality and will of the group

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Gierke

Front 49

Institutions: personnes and choses

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Hauriou

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Kelsen

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Vienna school. Law is a normative science

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Groundnorm

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Established when it gets minimum effectiveness

Front 52

Structural analysis of positive law, free from any judgment. Aim is to reduce chaos and multiply unity

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Pure theory

Front 53

Denies sovereign, only groundnorm. No difference between public and private law or legal and natural persons

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Kelsen

Front 54

Ghost of natural law crept into pure theory

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Lauterpucht

Front 55

Basis of natural law, other main people

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Heraclitus. Aristotle, Kant, hegel, kelsen, stammler

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Dark ages

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St Augustine and acquinas

Front 57

Natural law with a variable content

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Stammler

Front 58

Combines positivism and natural law

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Hart

Front 59

"the aim od the rules of natural justice is to secure juatice or to prevent miscarriage of justice

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A.K. Kraipak v. Union of India

Front 60

Rousseau was against legislature

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As general will couldn't be delegated

Front 61

Origins of mohammedan jurisprudence

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Joseh schacht