John Herbert Lon Fuller Ronald The Realists Hanz Kelsen Historical Sociological Natural Law Marxism

Austin/ Hart (Natural Dworkin (Pure Theory- School School (e.g Thomas (Karl Marx)
Jeremy (Positivism Law) (Interpretati analytical Aquinas)
Bentham ) on) positivist)
Positivism)
MAIN A view He sees law The realist Kelsen’s theory The historical Law consists of Natural Law Marxist
THEORY according to as and its theory was in is known as the aspect of law and can be found believes that jurisprudence
which law is application as essence pure theory of dwelled on in the regularized there are is a challenge
produced by a means to ‘realistic’ i.e. law, because he the fact that conduct or actual objective and
the ruling meet the ends relating to the believed that a law itself had patterns of moral condemnation
power in the of liberalism. reality of how theory of law a history from behavior in a principles that of the
society. Strict He argues the world should be free which it had community, can be liberalist-
separation of that law’s operates. They from ethics, been built association, or discovered by capitalist
positive law basis in moral sought to look at politics, upon time society. natural reason version of the
from ethics and political law from the sociology, and time Legal norms are and law is only law.
and social theory point of view history etc. He again by legal only those norms law insofar as
policy and combined that it is did not deny philosophers that, when it conforms to
justice is with the supposedly that external over the ages. violated, are these reasons.
identified distinction ‘really’ looked at factors enforced by
with legality between by others. Law is influenced law, publically
i.e. concept and what actually but he was administered
Observance conceptions happens- not adamant of sanctions. All
of rules by justify many what the dictates keeping the other norms are
the ruling decisions as of statutes/legal legal theory moral or political
power. morally rules say. pure. or custom or
appealing manners or
even if it’s whatever, but not
against the law.
concepts in
the
constitution.
WHAT IS Austin’s Content and Oliver Wendell A system of The historical The test for law is Law is
LAW? Command rule of law i.e. Holmes: Law coercion school based upon the something that
Theory: law 1.Prospectivity must be looked imposing norms believed in severity needs to exist
is a command (non- at from the which are laid conceptual (coercion/force) for
of the retroactivity of position of the down by human evolution of and nature maintaining
sovereign legal rules) bad man and the acts in Law as a (publically order and for
obliging them 2.Absence of bad man is only accordance with product of approved and the common
to a course of impediments interested in a constitution, perpetual executed) of the good of all
conduct. to compliance what the courts the validity of development. sanction imposed humans.
of these rules are likely to do. which is upon infraction. According to
Bentham: An 3.Promulagati So, for a realist, presupposed if Richard Posner: Aquinas,
assemblage on of these the prediction of it is on the Law originates divine law is
 of signs, rules what the courts whole from a set of supreme.
expressions 4.Clarity are likely to do is efficacious.1 social norms. Law Law is not
of subjective 5.Coherence law. Law is a both complements founded by
will, that with one Scandinavian hierarchy of and substitutes for man – it is
which another Realists: Law is norms whose norms. discovered by
directly or 6.Constancy an observable validity is man.
indirectly over time fact. derived from
attributable to 7.Generality of the initial,
the sovereign application fundamental
Congruence norm called the
between Grund norm.
official action
and declared
rule
SOURCE Sovereign or 1. Whatever the Society’ as Richard Posner Founded on
OF LAW the ruling judges say the chief believes that law Justice and
power is the through their proponent of comes from social common good
source of law. decisions is law. legal norms. through
evolution and Law consists of rational
law comes and can be found students.
from in the regularized
precedents conduct or actual
and history of patterns of
nations. behavior in a
community,
association, or
society.
VIEWS If human Law and Fuller’s Dworkin Citizens have no There is a One should
ON LAW laws conflict morality are internal believed that moral duty to specific science choose and act
AND with completely Morality based judges must obey the law and of law which is in ways that
MORALI fundamental spate and on his content bring Judges have no separable from are compatible
principles of morality is and rule of law judgments of moral obligation morality and with a will
TY
morality, they not the basis moral and to apply the law any other towards
are still laws for law. As political while deciding elements that integral human
he was a philosophy to the case. are present fulfillment.
positivist, he bear in should be Natural law
believed that deciding treated as theorists
law was set cases. He ‘contaminants’ believe that
down by the believes that and not relevant moral order is
sovereign/ru every judicial to this theory. a creation of
ling power. decision will God and is
have political sustained by
morality as Him.

1
Kelsen disagrees with Austin’s command theory of law for two reasons i.e. the idea of command introduces a psychological element into law and law must be pure and
secondly, Austin considered sanction as something outside the law imparting validity to it.
 it’s the
standard of
evolution for
interpretation
OTHER 1. Bentham’s Difference Legal Realism is 1. Distinguishing Law comes The characteristic Three
ESSENTI Utilitarianis between of two kinds: between from feature of the important
AL m- greater principle and American and propositions of Volkgeist: legal norm is things to note
POINTS
good of the policy - A Scandinavian Emanation of opinion here:
science (that
greater policy is a Realism the will of the necessitatis, that 1. Marxian
number. proposition Another theory do occur) and people is, within the theories
2. Concept of that describes followed by propositions of Artificial group the legal and
command- a goal that is some realists is law (that ought Reasoning: norm is felt to be concepts
command some non- fact skepticism to occur) Reasoning 'of great (alienation
is backed individuated and rule 2. Normativity- created from importance, of and
by political aims. skepticism i..e the principle the judges basic exploitatio
sanctions A principle there are no legal minds that significance'. n)
acc. to which
3. Concept of describes rules and judges may not exist A social norm is 2. Marxist
Sovereign- some right, decide a science of law in black letter legal if its neglect critique of
sovereign is political aim. particular way describes its law e.g. or infraction is liberalist-
above the Policies due to conscious object. Vishakha v regularly met, in capitalist
law for identify the and 3. ‘ought State of threat or in fact, law
Austin. needs of subconscious, propositions Rajasthan. by the application 3. Criticism
society as a beliefs and are called of physical force of Marxist
whole while a prejudices which by an individual school
norms.
principle are fact specific. or group itself
addresses the possessing the
rights of socially
citizens. recognized
privilege of so
acting.
The GAP
Problem
-between society
and rules
-between rule
enforces and rules
STATE The state is a
natural
institution
born from
elementary
social needs of
men.
EXAMPL An example of E.g. a grund - Example of a - Essence- of
ES OF the same would norm is a social norm natural
APPLICA be the Basic presupposed would be law in the
TION Structure (later fiction) etiquette and ancient
Doctrine wherein norm dressing in a concept of
the judges took recognizing and particular Dharma.
into account a lot backing the manner.- Posner - DPSP in
more than just constitution. the Indian
law because law Constituti
was on.
indeterminate - Basic
and there were Structure
other Doctrine
considerations to upheld
be kept.(My own natural
example law above
positive
law.
JURISTS Jeremy American Coke, selden, Ehrlich and Thomas
FROM Bentham, School: Oliver Hale, Malinowski, Aquinas, Lon
THE John Austin, Wendell Holmes, Savigny, Roscoe Pound Fuller
SCHOOL
H.L.A. Hart John Chipman Maine
Gray, Jerome
Frank
Scandinavian:
Hagerstorm, Alf
Cross