3. Natural Law
• Natural law is that branch of law that is
variously defined or described as the law of
nature, higher law, eternal law, divine law, etc.
• The oldest view of jurisprudence dating back
to Aristotle.
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4. While defining or explaining the scope of natural law,
Roman orator, Cicero, said as follows:
True law is right reason in agreement with nature;
it is of universal application, unchanging and
everlasting; it summons to duty by its commands,
and averts from wrongdoing by its prohibitions.
And it does not lay its commands or prohibitions
upon good men in vain, though neither have any
effect on the wicked. It is a sin to try to alter this
law, nor is it allowable to attempt to repeal any
part of it, and it is impossible to abolish it entirely.
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5. We cannot be freed from its obligations by senate or
people, and we need not look outside ourselves for an
expounder or interpreter of it. And there will not be
different laws at Rome and at Athens, or different
laws now and in the future, but one eternal and
unchangeable law will be valid for all nations and all
times, and there will be one master and ruler, that is,
God, over us all, for he is the author of this law, its
promulgator, and its enforcing judge. Whoever is
disobedient is fleeing from himself and denying his
human nature, and by reason of this very fact he will
suffer the worst penalties, even if he escapes what is
commonly considered punishment.
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6. Analytical School
• Central Idea is that the Law as it exists i.e. Law as it is,
regardless of good or bad, past or future.
• “A law, which actually exists, is a law, though we happen
to dislike it, or though it vary from the text, by which we
regulate our approbation and disapprobation.”
• Positive School because it focused on „ positum ‟ (Latin)
which means „as it is.‟
• English School , because this school was dominant in
England.
• Austinian School , because it was founded by John Austin.
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7. Analytical School
• Imperative theory of law states;
• “Law is the general command of sovereign
enforceable with sanctions
• Austin attributed three elements with positive
law which are;
• i) Command
• ii) Sovereign
• iii) Sanction
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8. Legal Positivism
• legal positivism is concerned with the
relationship between man-made law and
morals.
• It states that notwithstanding the degree of
relationship between them, each is separate
and independent.
• There is no necessary connection between law
and morals.
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9. Historical school
• The historical school of jurisprudence manifests the
belief that history is the foundation of the knowledge
of contemporary era.
• History is a record of our past. As man has a past so
does law.
• According to Savigny, He saw law as reflective of the
spirit of the people. To him, the growth of legal
principles is not in vacuum, not revolutionary, not
accidental but evolutionary.
• He believed that legislation does not, as law does, bear
the peculiar marks of the people. Laws are to be found,
not made.
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10. • Law grows with the growth and
strengthens with the strength of the
people and finally dies away as the
nation loses its nationality or as a
people loses its individuality.
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11. Sociological School
• The Sociological School of jurisprudence considers law
or legal development from the perspective of the
people in the society. Perceiving law as a social
phenomenon, it posits the harmonization of law with
the wishes and aspirations of the people.
• In other words, it insists on the harmony between law
and the interests of the people.
• Therefore, if law becomes inconsistent with the people
or even violates their interests or expectation, such law
is not worth it. Such law is not people-oriented.
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12. Sociological School
• The Sociological School of jurisprudence
attempts to look at law against the
background of the people it is meant to
govern.
• It believes that law cannot exist in the absence
of the people, that law must be part and
parcel of the people in order to command
legitimacy.
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13. Legal Realism
• This school is developed under the realm of
Sociological School.
• This school denounces traditional legal rules
and concepts and concentrates more on what
the courts actually do in reaching the final
decision in the case before them.
• This school pre-supposes law to be a
generalized prediction of what the courts will
do.
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