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Schools of Jurisprudence

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HomeBrud.gifJurisprudenceBrud.gifSchools of Jurisprudence

Schools are groups of thoughts that are based on broadly the same fundamental premise.

As a theory or philosophy of Law, Salmond dividend Schools of Jurisprudence into three types:

  • Analytical School
  • Historical School
  • Philosophical School

Analytical School

  • Also called Imperative, Positive, Teleological, English or Austinian School.
  • Jurists: Bentham, John Austin

Historical School

  • Importance is not given to the relation of law to the State but to the societal institutions in which law exhibits itself.
  • Jurists: Savigny, Sir Henry Maine

Philosophical School

  • Also called the Ethical School, Metaphysical School or the Law of Nature School
  • Continental school is metaphysical
  • Jurists: Hugo Grotius, Immanuel Kant, Hegel

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