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Sujata Bali,
Assistant Professor,
College of Legal Studies,
UPES, Dehradun
sbali@ddn.upes.ac.in
Philosophical School
/Natural School
Example:
Legislation
Historical School
Law is found in the society, it
grows like language.
Example:
Customary Practices
Sociological / Functional
School
Law is an instrument of social
engineering.
Example:
Socio-economic Laws
Realist School
Law is what the courts declare to be
the Law.
Example:
Judicial Legislation
Point of Natural Analytical Historical Sociological Realist
view school School School School School
A body of rules fixed and enforced by a
sovereign political authority.
John Austin, PROVINCE OF
JURISPRUDENCE DETERMINED
Law is a "system of rules.”
H.L.A. Hart,
The Concept of Law.
"The prohecies of what the courts
will do in fact, and
nothing more pretentious, are
what I mean by the law.”
Law is an "interpretive concept"
to achieve justice.
Dworkin, Law's Empire.
“Law is a system of rules and
guidelines which are enforced
through social institutions to
govern behavior.”
Jeoffrey Robertson,
Crimes against humanity.
Thomas Hobbes ,
‘Leviathan’ (1651).
"Law is the formal glue that
holds
fundamentally disorganised
societies together."
Any Query?