Tried Flashcards
(30 cards)
What is the nature of law according to the Analytical School?
Law is a direction from the supreme power (Sovereign) and is considered the command of the Sovereign, existing due to the state.
Founders include Jeremy Bentham and John Austin.
Who is considered the father of the Analytical School?
John Austin is known as the father of the Analytical School.
He defined law as ‘a rule laid down for the guidance of an intelligent being by an in power over him’.
What is Jeremy Bentham’s view on the function of law?
Bentham believed the function of law is to emancipate the individual from bondage and to promote pleasure while avoiding pain.
His legal philosophy is termed ‘Utilitarian individualism’.
What are the four goals that Bentham believed laws should promote?
The four goals are Subsistence, Abundance, Equality, and Security.
He emphasized the greatest happiness of the greatest number (Utilitarianism).
What is the hedonistic calculus according to Bentham?
The hedonistic calculus includes factors such as Intensity, Duration, Certainty, Propinquity, Purity, Fecundity, and Extensiveness.
These factors help assess the utility of actions.
What is Kelsen’s Pure Theory of Law?
Kelsen’s theory suggests that law must remain free from social sciences and focuses on the concept of norms, with the Grundnorm as the basic norm.
Kelsen described law as a ‘normative science’.
What did Erskine Holland contribute to jurisprudence?
Holland followed the analytical approach and defined jurisprudence as the formal science of positive laws.
He stated that jurisprudence is always a posteriori.
How did HLA Hart define a legal system?
Hart defined a legal system as a system of rules that are social in nature, regulating conduct and deriving from human social practices.
He distinguished between Primary Rules and Secondary Rules.
What is the significance of HLA Hart’s concept of ‘minimum content of natural law’?
Hart acknowledged that while morality is not integral to law, it does influence law, termed as the ‘minimum content of natural law’.
This reflects a shift from previous theories that excluded morality.
Who was the first person to use the term International law?
Jeremy Bentham
Name a famous work by Jeremy Bentham.
An Introduction to the Principles of Morals and Legislation
What did Jeremy Bentham call natural law?
‘Nonsense upon Stilts’ and ‘Anarchical Fallacies’
How did Bentham divide Jurisprudence?
Censorial, Expository, Authoritative, Unauthoritative
What is the basis of Utilitarianism according to Bentham?
Maximum pleasure to the most people.
What is Consequentialist Ethics?
A category of ethics that looks at the effects of an act to judge its morality.
What must a legislator measure according to Bentham?
The pleasure and pain resulting from their acts.
What are the two sovereign masters of humankind according to Bentham?
Pleasure and pain.
What is the Utilitarian/Felicific/Hedonistic Calculus?
A method to quantify pleasure and pain based on 7 factors.
List one factor of the Utilitarian Calculus.
Intensity: How strong is the pleasure?
What is Rule Utilitarianism?
The rule is tested which governs classes of acts.
What is Act Utilitarianism?
Each individual act is tested.
What does Negative Utilitarianism focus on?
Preventing pains rather than promoting pleasures.
Define Sovereign according to Bentham.
Any person or assemblage of persons whose will a political community is supposed to obey.
What is HLA Hart’s view on morality and law?
Morality influences law but is not an integral part of it.
