ASSIGNMENT

Name : ANAK AGUNG MONNY ARYADI DJLANTIK

Email ID : [email protected]

Contact no. +6287730061977

Schools of Jurisprudence (ASSIGNMENT)

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I. One Liners- 2 Marks each

1. What is Jurisprudence as per Jeremy Bentham?

Answer 1 : Laws that bring happiness to the greatest part of society will be judged as good laws.
Furthermore, Bentham argues that the existence of the state and law is merely a tool to achieve
the essential benefit, namely the happiness of the majority of the people. Bentham's teachings,
which are individualistic in nature, still pay attention to the interests of the community, so that
the interests of one individual and another do not collide, so it must be limited to avoid homo
homini lupus. According to Bentham, so that each individual has an attitude of sympathy for
other individuals so that individual happiness will be created and community happiness will be
realized. Bentham mentions "The aim of law is the greatest happiness for the greatest number"

2. Sovereignty as an essential element of Law was emphasized by which Jurist?

Answer 2 : John Austin

3. The main belief of the Analytical School of Jurisprudence?

Answer 3 : The basic idea of analytical school of jurisprudence is to deal with

law, existing in its present form. It is also called Austinian school as its
methodology was set up by John Austin. Analytical school believes that law is
the direction of the Sovereign. ... Analytical school gained prominence in the
nineteenth century.

4. Father of Historical School of Jurisprudence?

Answer 4 : The historical school of jurists was founded by Friedrich Karl von Savigny (1779–1861).
Its central idea was that a nation's customary law is its truly living law and that the task of
jurisprudence is to uncover this law and describe in historical studies its social provenience.
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5. Which is the latest School of Jurisprudence?

Answer 5 : Analytical Positivism School

SUBJECTIVE QUESTIONS [Within 100 Words] 5 Marks Each

1. What is Cautelary Jurisprudence?

Answer 1 :-

Cautelary jurisprudence is law made in a precautionary way prior to or outside of the

normal legislative enactment. It meant empirical, practical legal efforts aimed at solving
individual cases, as distinguished from regular jurisprudence which sought to establish
abstract rules under which individual cases would fall.[1] Its first proponent was Quintus
Mucius Scaevola Pontifex, who thus gave his name to the Roman designation for this kind of
law, the cautio muciana. Cautelary jurisprudence nowadays is associated
with inheritance law and the administration of trusts. 

2. What is the most acceptable belief of social contract theory as per you and why?

Answer 2:-

I chose Rousseau on the grounds that Jean Jacques Rousseau explained that the state of
society before the formation of the state was to live individually, free and equal. However,
the community cannot be happy and feel safe because there are continuous attacks from
outside the community. Until finally people make an agreement or social contract to establish
a state. Indirectly, the power of a state is in the hands of the people. Because the people
determine the leaders and representatives of the people. The state cannot act arbitrarily,
because it must follow the limits set by society.

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 3. What is Laws of imperfect Obligation?

Answer 3:-

An imperfect obligation does not legally bind parties together and doesn't have the same
legal implications for failure to perform. Instead, the non-performance on an imperfect
obligation requires accountability to a higher power. Examples include gratitude and
charity. In this definition, an imperfect obligation is simply a moral duty.

4. As per you, which Theory of Jurisprudence is most acceptable in India and why?

Answer 4:-

India has remarkably embraced the concept and principles of Sociological Jurisprudence and
that can be seen by the judgment that is being delivered by the apex Court. Also, different
Statutes has taken into account the theory in a way or other and it can be easily said that the
Sociological Jurisprudence has been widely accepted on the legal frontier of the country.

ANALYTICAL QUESTIONS [Within 200 Words] 10 Marks Each

1. Out of all the Schools of Jurisprudence, which School is the best as per you?

Answer 1 :-

I am of the opinion that in legal philosophy the sociological jurisprudence can be said as a
school that has various approaches and is seen as being able to bring the ideals of a law that is
responsive to the development of society and that the center of development of law lies not in the
legislative bodies, the decisions of the judiciary or the judiciary. the science of law, but it lies in

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society itself. That positive law will only be effective if it is in harmony with the laws that live in
society, or with what anthropologists call culture (culture patterns).

2. Out of all the Schools of Jurisprudence, which School is not at all acceptable according to
you?

Answer 2 :-

I think that the most unacceptable is the theory of natural law where the law should
collaborate with various sources. The theory of natural law is rooted in ethics and morals
which are naturally given by God, but on the other hand we must also understand that law is
also sourced from habits in society and which they agree with which of course cannot be
separated from the morals and ethics that apply in their community.

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