LAW_516_JURISPRUDENCE_II_FULLY_EDITED

LAW_516_JURISPRUDENCE_II_FULLY_EDITED - NATIONAL OPEN...

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NATIONAL OPEN UNIVERSITY OF NIGERIA SCHOOL OF LAW COURSE CODE: LAW516 COURSE TITLE: Jurisprudence and Legal Theory II
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COURSE CODE: LAW 516 COURSE TITLE: Jurisprudence and Legal Theory II COURSE WRITER: Dr Simeon Igbinedion Faculty of Law, University of Lagos. EDITOR : Prof. A Obilade Faculty of Law University of Lagos AG. DEAN: Ifidon Oyakhiromen, PhD. BL School of Law, NOUN PROGRAMME LEADER: COURSE COORDINATORS: A Onuora-Oguno, F Anene (Mrs.), S Godwin- Clark (Mrs.) E. Ugbejeh, NOUN
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LAW 516 JURISPRUDENCE AND LEGAL THEORY II CONTENTS PAGE MODULE 1 NATURAL LAW SCHOOL ........................................ 1 Unit 1 The Province of Natural Law …………………………. 2 Unit 2 Historical Odyssey of Natural Law .…… ………… ....... 14 Unit 3 Miscellaneous Issues in Natural Law ………………….25 MODULE 2 Positive School of Law ………………………………. 38 Unit 1 Legal Positivism: General ……………………………..39 Unit 2 Legal Positivism: John Austin ..………………………..52 Unit 3 Legal Positivism: Hans Kelsen ..…………… ………….63 MODULE 3 Historical School of Law ….……………………………75 Unit 1 Von Savigny’s Historical School of Law …….…………76 Unit 2 Henry Maine’s Historical School of Law …..…………..83 MODULE 4 Sociological School of Law ……………………………88 Unit 1 Scope of Sociological School (1) ………………………89 Unit 2 Scope of Sociological School (2) ………………………97 MODULE 5 Utilitarian School of Law ..……………………………106 Unit 1 Utilitarianism (1) ……………………………………..107 Unit 2 Utilitarianism (2) ……………………………………...119 MODULE 6 Marxist Theory of Law ………..……………………...129 Unit 1 Marxist Theory of Law ………………………………..129 3
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LAW 516 JURISPRUDENCE AND LEGAL THEORY II MODULE 1 NATURAL LAW SCHOOL Unit 1 The Province of Natural Law Unit 2 Historical Odyssey of Natural Law Unit 3 Miscellaneous Issues in Natural Law 4
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LAW 516 JURISPRUDENCE AND LEGAL THEORY II UNIT 1 THE PROVINCE OF NATURAL LAW CONTENTS 1.0 Introduction 2.0 Objectives 3.0 Main Content 3.1 Meaning of Natural Law 3.2 Essential Features of Natural Law 4.0 Conclusion 5.0 Summary 6.0 Tutor-Marked Assignment 7.0 References/Further Readings 1.0 INTRODUCTION Of all the Schools of jurisprudence, natural law school stands out. This is so not because it is the most important of all the schools but on account of the fact that it is about the only theory that is sustained by idealism. In other words, natural law exists not in the material world but in the world of ideas. All other schools have one or more negative things to say about the failure of natural law to meet the test of science, that is, its inability to be demonstrated scientifically.
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