Unit 1 of Jurisprudence / Legal Theory (syllabus: Module I — meaning, nature, scope and importance of jurisprudence; the nature and definition of law, its functions, purpose and classification; the State — meaning, nature and elements (population, territory, government, sovereignty); and the theories of the origin of the State — divine, social contract, patriarchal and matriarchal). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- What is the difference between the expositorial and the censorial approach to law?
- How is jurisprudence defined, and what is each definition a decision about?
- State Austin's imperative theory of law and its four elements.
- What are the criticisms of Austin's definition of law, and what is conceded to him?
- State Salmond's definition of law and Vinogradoff's answer to it.
- What are the advantages and disadvantages of having law at all?
- What is the administration of justice, and how did it grow?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.