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jurisprudence:formal-science-of-positive-law

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jurisprudence:formal-science-of-positive-law [2021/04/09 22:12]
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jurisprudence:formal-science-of-positive-law [2021/06/30 12:56] (current)
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 ====== Jurisprudence: Formal Science of Positive Law ====== ====== Jurisprudence: Formal Science of Positive Law ======
  
-According to **Prof. Holland**, “//jurisprudence is a formal or analytical science, as opposed to material one and deals rather with the various relations which are regulated by legal rules than with the rules themselves which regulate those relations//.”+According to **Prof. Holland**, “//jurisprudence is a formal or [[jurisprudence:analytical-school|analytical science]], as opposed to material one and deals rather with the various relations which are regulated by legal rules than with the rules themselves which regulate those relations//.”
  
-Holland defines jurisprudence as “//the formal science of positive law//”. It is wrongly applied to actual system of law, or to current views of laws, or to suggestions for its amendment, but is the name of a science. The science is a formal, or analytical, rather than a material one. It is the science of actual or positive law.+Holland defines jurisprudence as “//[[jurisprudence:formal-science-of-positive-law|the formal science of positive law]]//”. It is wrongly applied to actual system of law, or to current views of laws, or to suggestions for its amendment, but is the name of a science. The science is a formal, or analytical, rather than a material one. It is the science of actual or positive law.
  
 ===== Jurisprudence belongs to formal science ===== ===== Jurisprudence belongs to formal science =====
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 ===== Jurisprudence is a science of civil law ===== ===== Jurisprudence is a science of civil law =====
-Holland’s definition of jurisprudence as “//the formal science of positive law//” is not open to any serious objection. In the words of **Salmond**, using the word ''science'' in its widest possible sense, as including the systematized knowledge of any subject of inquiry, “<wrap em>jurisprudence is a science of civil law</wrap>.” The subject of its inquiry is relations of men living in a society clothed with a legal character. Such relations of men are governed by the rules, which have actually been imposed by common consent of the organized community and enforced by its courts. In this sense, jurisprudence is a science of positive law.+Holland’s definition of jurisprudence as “//the formal science of positive law//” is not open to any serious objection. In the words of **Salmond**, using the word ''science'' in its widest possible sense, as including the systematized knowledge of any subject of inquiry, “<wrap em>jurisprudence is a science of [[jurisprudence:term-law|civil law]]</wrap>.” The subject of its inquiry is relations of men living in a society clothed with a legal character. Such relations of men are governed by the rules, which have actually been imposed by common consent of the organized community and enforced by its courts. In this sense, jurisprudence is a science of positive law.
  
 Jurisprudence is again a formal science of positive law, inasmuch as it deals with the various relations, which are regulated by legal rules than with the rules themselves, which regulate those relations. It is not the material science of those portions of the law, which various nations have in common, but the formal science of those relations of mankind which are generally recognized as having legal consequences. Jurisprudence is again a formal science of positive law, inasmuch as it deals with the various relations, which are regulated by legal rules than with the rules themselves, which regulate those relations. It is not the material science of those portions of the law, which various nations have in common, but the formal science of those relations of mankind which are generally recognized as having legal consequences.