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3.this school concerns itself cheifly with the relation of law to certain ideals
which law is meant to achieve . it investigates the purpose of law and the
measure and manner in which that purpose is fullfilled.
4.the philosophical jurist regards neither as the arbitary command of the ruler
nor the creation of historical necessity . to him , law is the product of
humanreason and its purpose is to elevate and enoble human personality.
MAIN FEATURES :
1.The concept of justice has a philosphical or a ethical content and law and
justice are closely inter related concepts .
2. the ethical school of jurisprudence concerns itself with the manner in which
the law fulfills its purpose of attainmentof justice.
OBJECTIVES:
2.the view of grotius was that the agreement of mankind concerning certain
rules of conduct is an indication that those rules originated in right reason.
3.he defined natural law as”the dictate reason which points out that an act ,
according as it is or is not in confirmity with rational nature , has in it a
quality of moral baseness or moral necessity”
IMMANUEL KANT:
1.kant gave modern thinking a new basis by a systematic enquiry into the
functions of human reason
4.kant then inquires whether there are any general principles which can he
laid down as a basics of man’s voilation and thus of all ethical action . such
basics cannot be gained from experience . it must be given a priori , but not
logical , necessity . the substance of this ethical postulate is the categorical
imperative of kant.
6.kant’s legal philosophy is entirely a theory of what law ought to be. His is
the legal philosophy of a philosopher and not of a law.
7.kant deduces his definition of law -“law is the aggrogate of the conditions
under which the arbitary will of one individuals may be combined with that
of another under a general inclusive law of freedom.
10.the function of the state is essentially that of protector and guardian of the
law . the state is not to undertake comprahensive function in order to ensure
the maximum liberty of the indidual.
11.the aim of kant was a universal world state.however he was doubtful of
the pratical possiblity of a “state of nations”. He saw no possiblity of
international law without an internatonal authority superior to the states.
FICHTE:
1.the legal philosophy of fichte id deduced from the self consiousnessof the
reasonable being . no reasonable being can think himself without ascribic
free activity to activity to himself . freedom is of necessity mutual.
2.on the relation of law and morality , the view of ficthe is that where is a
moral duty to respect the liberty of others absolutely a legal duty to do so is
dependent on reciprocacity. The law must realise justice and the state must
be ‘ rechstaat’. His social contract is divided into a property contract and a
protection contract .ttrough the property one becomes a citizen.
HEGEL:
1.hegel was the most influential thinker of philosophical school. His system is a
monistic one. The idea unfolds from the simple to the complex by means of a
dialectical process.
2. there can be no dualism of any kind at any phase of reality is based on reason
. to quoter hegel –“what is reasonable is real and what is real is reasonable”
3.both state and law are the products of evolution . legal institutions are within
the sphere of legal , ethical and political instutions . they are the expressions of
free human mind which wishes to embody itself in institutions.
7.in philosophy of right and law , hegel demonstrates that behind the colorful
paegent of history is the march of spirit of freedom . legal history is the march
of freedom is civil relations . the purpose is the raising of humanity to
perfection.
ROHLER:
3.there isno eternal law or universal body of legal institutions , suitable, for
all civilisations what is good one stage of culture may be ruinous to another.
4.dean pound writes that kohler’s “formation of the jural postulates of the
time and place is one of the most important achievements of recent legal
science.”
STAMMLER :
2.according to him, “there is not a single rule of law the positive content of
which can be fixed by a priori”.however he emphasises the need for the
development of a theory of just in law in addition to thr