6Focusing on the analytical school of thought’s concept, Holland defines it as “The Formalscience of Positive law.” By formal science “he means that which deals with the various relationswhich are regulated by legal rules than with the rules themselves which regulate those relations.”Explaining positive law he says “Jurisprudence is not a science of legal relations a priori, as theymight have been or should have been, but it abstracted a posterior from such relations as havebeen clubbed with legal character in actual system, that is to say from law which has beenactually imposed or positive”. In other words, Positive law means the actual existing law asdistinguished from ideal law or what law should be.7Here interlinks the concept of law given by Austin. He exclaims law to be the Command ofSovereign backed by the Sanctions. This is why his concept is also called the triangular conceptof law, as it is based on three main elements command, sovereign and sanctions. So any rule orregulation to be called as a law must have the recognition of the state which is sovereign andmust have some sanctions to create a binding force on all those who are the subjects of such law.International law4 B.N. Mani Tripathi, Jurisprudence The Legal Theory, p.4 5 Id at p.4,56 Id at 77 Id at 5
Starke defines International law as that body of law which is composed for its greater part of theprinciples and rules of conduct which states feel themselves bound to observe, and therefore, docommonly observe in their relations with each other, and which also includes:a)The rules of law relating to the functioning of international institutions or organizations,their relations with each other, and their relations with states and individuals; andb)Certain rules of law relating to individuals and non states entities so far as the rights orduties of such individuals and non states entities are the concern of the internationalcommunity.Other definitions;According to Hall, “international law consists of certain rules of conduct which moderncivilized states regard as binding on them in their relation to each other.”According to Oppenheim, “International law is the name for the body of customary andconventional rules which are considered legally binding on civilized states in theintercourse with each other.”According to Fenwick, “International law may be defined in broad terms as body ofgeneral principles and specific rules which are binding upon the members ofinternational community in their mutual relations.”According to Whiteman, “International law is the standard of conduct at a given time forstates and other subjects thereto.”According to the revised definition of Oppenheim by Sir Robert Jennings and Sir ArthurWatts, “International law is the body of rules which are legally binding on states in theirintercourse with each other. These rules are primarily those which govern the relations of
As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.
KiranTemple University Fox School of Business ‘17, Course Hero Intern
I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.
DanaUniversity of Pennsylvania ‘17, Course Hero Intern
The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.
JillTulane University ‘16, Course Hero Intern
Stuck? We have tutors online 24/7 who can help you get unstuck.
Ask Expert Tutors
You can ask
You can ask
You can ask
(will expire )