6 focusing on the analytical school of thoughts

  • No School
  • AA 1
  • 9

This preview shows page 2 - 4 out of 9 pages.

6 Focusing on the analytical school of thought’s concept, Holland defines it as “The Formal science of Positive law.” By formal science “he means that which deals with the various relations which 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 they might have been or should have been, but it abstracted a posterior from such relations as have been clubbed with legal character in actual system, that is to say from law which has been actually imposed or positive”. In other words, Positive law means the actual existing law as distinguished from ideal law or what law should be. 7 Here interlinks the concept of law given by Austin. He exclaims law to be the Command of Sovereign backed by the Sanctions. This is why his concept is also called the triangular concept of law, as it is based on three main elements command, sovereign and sanctions. So any rule or regulation to be called as a law must have the recognition of the state which is sovereign and must have some sanctions to create a binding force on all those who are the subjects of such law. International law 4 B.N. Mani Tripathi, Jurisprudence The Legal Theory, p.4 5 Id at p.4,5 6 Id at 7 7 Id at 5
Image of page 2
Starke defines International law as that body of law which is composed for its greater part of the principles and rules of conduct which states feel themselves bound to observe, and therefore, do commonly 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; and b) Certain rules of law relating to individuals and non states entities so far as the rights or duties of such individuals and non states entities are the concern of the international community. Other definitions; According to Hall, “international law consists of certain rules of conduct which modern civilized 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 and conventional rules which are considered legally binding on civilized states in the intercourse with each other.” According to Fenwick, “International law may be defined in broad terms as body of general principles and specific rules which are binding upon the members of international community in their mutual relations.” According to Whiteman, “International law is the standard of conduct at a given time for states and other subjects thereto.” According to the revised definition of Oppenheim by Sir Robert Jennings and Sir Arthur Watts, “International law is the body of rules which are legally binding on states in their intercourse with each other. These rules are primarily those which govern the relations of
Image of page 3
Image of page 4

You've reached the end of your free preview.

Want to read all 9 pages?

  • Fall '19

What students are saying

  • Left Quote Icon

    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.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    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.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    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.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask You can ask You can ask (will expire )
Answers in as fast as 15 minutes