This school of law emphasises a lot on what courts may do rather than the abstract ideas. Law exists as a matter of reality. A very intricate and interesting idea of law. I would write some critique on how it ignores lived experiences and the necessary morality of good legal systems, but all that has been done by people much smarter than myself multiple times before, so I'll let that go. Immanuel Kant, Hegel and Grotius are eminent jurists. They regarded law neither as command of the sovereign nor a product of consciousness rather based on rationality and reasonableness. For instance, punishment for negligent driving, witch branding, adultery is different at different places. Though main aim of the present laws is to provide justice to the one in need. Also, no one is condemned unheard which leads to the idea that justice is given after hearing both the sides. This school is the only school of jurisprudence which has a definite program which the other schools do not have. They placed a lot of emphasis on the concept of justice.

Law is an instrument of positive social change and also as a means of changing existing social arrangements. It acts as a catalyst change agent. H.R. khanna in his dissent quoted the words of Justice Hughes from the Supreme court of the United states appealing to the "brooding spirit of the law". urn:oclc:746468033 Republisher_date 20120315214800 Republisher_operator [email protected] Scandate 20120315141441 Scanner scribe17.shenzhen.archive.org Scanningcenter shenzhen Worldcat (source edition) Thus, there is a need for a body to make laws for everyone keeping aside the biases. Also, Supreme court of India, in July 2018, passed a judgement ensuring that justice is the law’s business and not mob’s. Furthermore, the Indian constitution guarantees justice for all.Comparative Jurisprudence does a comparative analysis and aids Historical as well as an Analytical School of Law. There was a time when people believed in command of the sovereign. Various Political philosophers have their own controversial statements related to sovereignty. It was regarded as absolute. No power is above superior.

Por otro lado, Max Weber, con su meticulosa mirada sociológica, proporciona a Hart una lente para entender el derecho en su contexto social. Hart adopta de Weber la idea del derecho como un tipo de autoridad racional-legal, distinguiéndolo de otras formas de poder. La visión weberiana sobre la legitimidad y la burocracia resuena en el análisis de Hart sobre cómo las reglas son reconocidas y aplicadas en una comunidad. In this it is believed that law is a body of government for the administration of justice. Like Positivist theory, this also sees law as will of the state but it is done through administration of justice.

This school emerged as a synthesis of many jurist’s thoughts. This school of thought lay emphasis on functional part of law rather than the abstract part of law. Fifty years on from its original publication, HLA Hart's The Concept of Law is widely recognized as the most important work of legal philosophy published in the twentieth century. It is a classic book in the field of legal scholarship and remains the starting point for most students coming to the subject for the first time. Lacey, Nicola (2006). A Life of H.L.A. Hart. Oxford: Oxford University Press. p.225. doi: 10.1093/acprof:oso/9780199202775.003.0010. ISBN 9780199202775.

desirable from the moral point of view to adopt. 2.1.5 Constructive Interpretation of Legal PracticeLord Dylan said,” to live outside the law, you must be honest.” The words within the quotes are absolutely right because if everyone is honest then there will be no need for law. There would have been peace all around but we all know that this is not the reality. We require more and more laws because we are progressing at a very fast pace though inside we are regressing.

For instance, Section 377 which was a crime before was ruled out in September 2018 and was legalised in the nation. Although there are still many nations where gay marriages are criminalised. In other words, we can say that, what is a law today can be criminalised tomorrow. This is what makes the nature of law dynamic. Primary rules are rules, or laws, that govern general societal conduct. Thus, primary rules construct legal obligations and consequences when they are disobeyed. A good example of primary rule is the law against murder; it prohibits a person from killing and attaches consequences for committing, attempting to commit, and conspiring to commit the crime. [14] Secondary rules [ edit ] Lawyers can look into literature as a rich source of certain forms of knowledge. Law is what everyone of us look forward to. Lacey, Nicola (2006). A Life of H.L.A. Hart. Oxford: Oxford University Press. p.222. doi: 10.1093/acprof:oso/9780199202775.003.0010. ISBN 9780199202775.

Ambos juristas, con sus respectivas obras, nos invitan a una travesía por el intrincado laberinto del pensamiento jurídico, cuestionando las premisas tradicionales y desafiando al lector a ver el derecho bajo una luz renovada. Juntos, Kelsen y Hart representan dos pilares fundamentales en la filosofía del derecho del siglo XX, y su legado sigue inspirando debates y reflexiones en la era contemporánea. In fact, laws are the rules that bind human together. Without laws, man can become worse than an animal. Law is a necessity for the nation to prosper. The rules are made by man, enforced by man, on the man. Law can only be enforced by the majority. When there is general support, law enforces itself. A body is elected which frames the law for everyone. People have to be governed by law to avoid illegal and immoral acts.