Which one of the following thinkers called jurisprudence as the “Phil...
The first, divine positive law, "concerns the duties of religion" and is derived from revelation. ... However, for other philosophers the idea of both divine and human positive law has proven to be a stumbling block. Thomas Hobbes and John Austin both espoused the notion of an ultimate sovereign.
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Which one of the following thinkers called jurisprudence as the “Phil...
John Austin called jurisprudence as the "Philosophy of Positive Law".
Explanation:
Jurisprudence is the study and philosophy of law. It seeks to understand the nature of law, its principles, and its role in society. Different thinkers have provided different perspectives and definitions of jurisprudence.
John Austin, an English legal philosopher of the 19th century, is known for his work on legal positivism. Austin believed that law is a command issued by a sovereign and backed by the threat of punishment. He emphasized the importance of understanding law as a set of rules imposed by the authority of the state.
Positive law refers to the law as it is actually enacted and enforced by the state. It is the law that is officially recognized and enforced by the government. Austin used the term "positive law" to distinguish it from other types of law, such as natural law or divine law.
Austin argued that the study of law should focus on positive law because it is the law that actually exists and governs society. He believed that jurisprudence should be concerned with analyzing and understanding positive law, rather than moral or ethical principles.
Key Points:
- John Austin called jurisprudence as the "Philosophy of Positive Law".
- Austin was an English legal philosopher of the 19th century.
- He believed that law is a command issued by a sovereign and backed by the threat of punishment.
- Positive law refers to the law as it is enacted and enforced by the state.
- Austin argued that jurisprudence should focus on analyzing and understanding positive law, rather than moral or ethical principles.
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