Important theories and ideas of Jurists
• Jurisprudence is the philosophical aspect of knowledge of law- Cicero
• Jurisprudence is philosophy of positive law- John Austin
• Social Engineering- Roscoe Pound
• Jural Postulates- Roscoe Pound
• Functional School- Roscoe Pound
• Duty of law is to make valuation of interests- Roscoe Pound
• Aim of law is to balance the computing interest in society- Roscoe Pound
• Jurisprudence is lawyer's extroversion- Julius Stone
• Fictions are swadling clothes of legal change- Julius Stone.
• Grundnorm- Kelson
• Pure theory of law- Kelson
• Legal order is a "pyramid of norms"- Kelson
• Darwinian before Darwin or Sociologist befor Sociologists - Savingny (named by
Allen)
• Social Darwinist- Sir Henry Maine
• Comparitive Method study- Henry Maine
• Started scientific positiveism - Auguste Compte
• Social phenomena is a biological process- Herbert Spencer.
• Theory of social utilitarianism- lhring
• Interest theory of legal rights- Ihring
• Balance of interest theory- Rudolf Ihering
• Theory of living law- Eugen Ehrlich
• Movement of progressive societies have Hitherto been from status to contract-
Henry Maine
• Law is what officials do about disputes- Karl Llewellyn
• Who made fact finding by courts as a Central theme of Realism- Jerome Frank
• Law is uncertain and certility of law is a legal myth- Jerome Frank
• Who discussed law from the point of view of Bad Man- Oliver Windell Holmes.
• Custom is transcendent law- Manu
• Jurisprudence is the "eye of law"- Laski
• Jurisprudence is the scientific synthesis of essential principles of law- C.K. Allen
• Referred Analytical School as Imperative School- C.K.Allen
• Social contract is not a historical fact but a hypothetical construction of reasons-
Rousseau
• Exponent of Natural law with the variable content- R. Stammler
• Neo- Kantian- Stammler
• Theory of justice- Rawls
• Positivism is a triology of command sanction and sovereignty- Hart
• Theory of "pain and pleasure"- Bentham
• Custom is to society but law is to state- Salmond
• Right is an interest recognised and protected by a rule of law- Salmond
• Judges not only discovered no but also they make law- Gray
• Law is what judges declare- Gray
• The Courts fuel life into the dead words of statute- Gray
• Adherence to precedents should be the rule not the exception- Cardozo
• Justice is never given it is always a task to be achieved- Freidrich
