interest theory in jurisprudence

Leon Duguit ; Leon Duguit was a French Jurist and leading scholar of Droit Public (Public Law). 0000005750 00000 n According to him, the purpose of law is to protect interests. 0000002147 00000 n Your having a right to something means that it is in your interest,or is to your benefit, and someone else has a duty to provide it. The objective of the law is to create a balance between the interests of the people. 232 35 He was against the theory of individuals welfare and favours the factor that social interest of society must have a priority over an individual’s interest and the purpose of the law is to protect the interest of society, that is why his theory is known as ‘ Jurisprudence of Interest’ which emphasises on the sociological aspect of Sociological School of Law. This theory was advocated by scholars like Hegel, Kant, Hume and so on. Analytical jurisprudence became the dominant approach in analysing the nature of law (see Cotterrell, 2003, for an explanation for this). 0000005354 00000 n %PDF-1.7 %���� Related documents. The Will Theory states that right is an inherent attribute of the human will. Jurisprudence, or legal theory, is the theoretical study of law. 2. Analytical jurisprudence emphasises the analysis of key concepts, including ‘law’, ‘(legal) right’, ‘(legal) duty’, and ‘legal validity’. The fullest account of Bentham's general theory of law Of Laws in General ( 1970 hereafter OLG ), was first published in a definitive edition, edited by H. L. A. Hart, after Hart's The Concept of Law had become the leading text of English legal positivism, partly through its critique of Austin's imperative theory. The interest theory of rights was first proposed by Bentham (1987) who argued that a person has a distinctive human right when others have duties which protect one of that person’s interests. Comments. The State, religious bodies and education institutions had long been recognized as having legal entity distinct from the members. Pragmatism, Interest Theory and Legal Philosophy: The Relation of James and Dewey to Roscoe Pound Terry di Filippo In his 1908 article, "Mechanical Jurisprudence," Roscoe Pound proclaimed that "The sociological movement in jurisprudence is a movement for pragmatism as a philosophy of law. Legal Theory, 10 (2004), 117–156. The subject matter is derived from human will. Law itself is an intangible being, you cannot touch it; you cannot see it; and you … Printed in the United States of America Published by Cambridge University Press 0361-6843/04 $12.00+00 METHODOLOGY IN JURISPRUDENCE: A Critical Survey Julie Dickson Somerville College, Oxford As with many issues in contemporary jurisprudence… Jurisprudence- Theories of Juristic Personality 7. Course. Someone violates your right by not doing his or her duty to provide the thing that is in your interest. 0000004427 00000 n <<2C1B2907D69FB2110A0040951E2AFE7F>]/Prev 261400>> The Interest Theory. The Interest Theory: The profounder of this theory is Ihering-a great German jurist. INDEX Roscoe Pound – Introduction Social Engineering Interest Theory Jural Postulates Criticism Case Law Conclusion Bibliography Roscoe Pound – Introduction Roscoe Pound was one of the leading figures in twentieth-century legal thought. Interest Theory of Right ... Ihering, advocated the “jurisprudence of realities”, and said that it should be based on practical needs and not merely on logical deduction as in the case of analytical positivism. 0000003804 00000 n Thus, viewed from the perspective of the interest theory of rights, “human rights takes their role to be to protect a person’s basic interests.” (Pogge, 2007:186) This constitutes the most fundamental interpretation of … 0000002691 00000 n 0000009693 00000 n vs. <>stream Scholars of jurisprudence seek to explain the nature of law in its most general form and provide a deeper understanding of legal reasoning, legal systems, legal institutions, and the role of law in society. 0000003956 00000 n startxref So, it cannot deny the needs and experiences of women. 0000012621 00000 n 0000007008 00000 n 0000003526 00000 n 0000000016 00000 n Both Kramer and Raz are also legal positivists, subscribing to the separability of law and morality. . You could not be signed in. 266 0 obj 0000020280 00000 n Matthew H. Kramer, Refining the Interest Theory of Rights, The American Journal of Jurisprudence, Volume 55, Issue 1, 2010, Pages 31–39, https://doi.org/10.1093/ajj/55.1.31. 0 Interest refers to the “pursuit of pleasure and avoidance of pain”. Ihering studied the genesis of Roman law and jurisprudence. Their denial is based on moral considerations: rivers are not morally ultimately valuable and therefore not capable of holding rights. A corporation sole is a corporation constituted by a single member, in a particular capacity, and that person's successors in the same capacity, in order to give them some legal benefit or advantage, particularly that of perpetuity, which a natural person could not have had. Thanks Sir. Jurists in the world seek to develop a deeper understanding of legal principles, legal systems and reasons why certain laws exist. ‘This collection of high quality contributions is a must-read for anyone interested in the various challenges in theorising the phenomena of non-state law. endobj 0000002416 00000 n 0000012441 00000 n It is a study of the law, done by scholars of law (‘Jurists’), to understand the nature, principles and patterns of the law. [3] Salmond on Jurisprudence. Matthew H. Kramer; Refining the Interest Theory of Rights, The American Journal of Jurisprudence, Volume 55, Issue 1, 1 January 2010, Pages 31–39, https://doi. According to him, the basis of right is interest' and not will'. Corporations are bodies corporate created by statute or charter. LLB (Jurisprudence) Academic year. His definition of law is in terms of purpose'. In the jurisprudence of interests, one interprets the law, in fact, from the point of view of the goals it is intended to perform. Duguit was greatly influenced by Auguste Comte and Durkheim. 2. Please sign in or register to post comments. 2013/2014. helpful 6 1. . How can … Jurisprudence & Legal Theory; Schools of Law propounded by Austin, Dean Roscoe Pound, Salmond, Kelsen and Bentham; Statutes, Subordinate Legislation, Custom, Common Law, Precedent, Stare decisis. Posted 8th May 2014 by Suyash Verma. It is not an attitude of mind or a form of mens rea, but it is a kind of conduct. 0000003254 00000 n Angima• 6 months ago. This is the result of jurisprudence concept of ownership. 0000000996 00000 n Most users should sign in with their email address. Right in Re-Propria is the right available in respect of one’s own property. 0000006152 00000 n Earlier to him Jeremy Bentham had tested every institution or law on the matrix of utility. As we have seen, the various theories that reside within jurisprudence, though seemingly distinct, do present areas which may serve as bridges to one another. Will theory accepts every person as sovereign in micro level, interest theory regards rights as legally protected interest and obligation and state protection theory assumes that all the rights are the concession granted by the state through law. 0000024501 00000 n [2] Salomon v. Salomon & Co., (1897) A.C. 51. h�b```c`` d`e`[� �� , |� Td� This is the first comprehensive explanation and survey of the Interest–Will theories of rights debate. Feminist jurisprudence seeks to redress and analyze more traditional practices and theories. The theory of jurisprudence of interests is based on functional study of man, andsociety to secure and satisfy needs or demands of the community. University. Search for other works by this author on: You do not currently have access to this article. He insisted upon interest which legal system secures rather than upon the right. Interest Theory. In the jurisprudence of interests, one interprets a law essentially in terms of the purposes it is intended to accomplish. Austin, Holland and Pollock define rights in terms of will. Thus, it focuses on the ways in which the laws have been structured. Ac… There exist two main theories of legal rights – 1. This doctrine is characterized by the idea of obedience to law and acquisitions as the resolution of conflicts of interests in concrete and in abstract, with the result that the interests needed for life in society, as embodied in the act should prevail. WHAT IS JURISPRUDENCE? 0000030100 00000 n By contrast, the two prominent theoretical analyses of the concept 'a right' - the Will Theory and the Interest Theory - are both revisionary theories which, if widely adopted, would require people to revise their usage of the term 'a right'. Bentham's main interest was in universal censorial jurisprudence. Don't already have an Oxford Academic account? %%EOF Though they exhibit differences, it may be in those areas that we may notice how they each equally contribute to the thriving of jurisprudence. Feminist Jurisprudence Feminist Jurisprudence includes the study of different strands of feminist theory and the themes that have emerged and developed within feminist thought, as well as the application of theory to issues that interest members of class.68 It is the law’s 232 0 obj This theory says that negligence is an objective fact. To purchase short term access, please sign in to your Oxford Academic account above. Labels: Concept of Will Corporate Personality Jurisprudence Legal Conceptions Legal Concepts. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide, This PDF is available to Subscribers Only. 0000020454 00000 n Jurisprudence Legal Theory F. A detailed notes on Jurisprudence. 0000001625 00000 n Don't already have an Oxford Academic account? 0000028601 00000 n Furthermore, it claims that the patriarchy infuses the legal system along with its workings. There are three theories of rights and duties as will theory, interest theory and state protection theory. It is enough to say here Individual interest is partly affected by social factors wherein an individual takes the interest of other people into account. 0000001734 00000 n <> He mentioned that everybody has its interest and considered it supreme over all other interest. Share. He was against the theory of individuals welfare and favours the factor that social interest of society must have a priority over an individual’s interest and the purpose of the law is to protect the interest of society, that is why his theory is known as ‘Jurisprudence of Interest’ which emphasises on the sociological aspect of Sociological School of Law. trailer xref First, it is erroneous, as … 0000009047 00000 n 0000006568 00000 n It results in absolute ownership. THANKS. He stressed on the importance of “purpose” in guiding the human will. 0000004886 00000 n He defines legal right as a legally protected interest'. 0000024685 00000 n A supplementary theory of interests to that of 7 0000008041 00000 n theory of interests, that is, of the claims or demands or desires which human beings, either individually or in groups or associations or relations, seek to satisfy, of which, therefore, the adjustment of relations and ordering of conduct through the force of politically organized society must take account. If you originally registered with a username please use that to sign in. 0000020975 00000 n Jurisprudence is the science, study and theory of law. However, many theorists propounding the interest theory of rights, such as Matthew Kramer and Joseph Raz, would deny that rivers can hold rights. It elucidates the traditional understanding of it as a dispute over how best to explain A RIGHT and clarifies the theories’ competing criteria for that concept. Roman• 8 months ago. 0000007406 00000 n The article then shows why recent developments are either problematic or simply fail to advance the debate. Law as a Branch of Morality: The Unity of Practice and Principle, About The American Journal of Jurisprudence, Receive exclusive offers and updates from Oxford Academic. This doctrine is characterized by the idea of obedience to law, and subsumption as the resolution of conflicts of interests in the concrete and in the abstract , [4] whereby the interests necessary to life in society , as materialized in that law, should prevail. According to him, rights are means for securing interest. Register, Oxford University Press is a department of the University of Oxford. For full access to this pdf, sign in to an existing account, or purchase an annual subscription. 0000002971 00000 n 0000028426 00000 n Negligence is breach of duty to take care. Jurisprudence- School of Thoughts [1] Black’s Law Dictionary, 8 th Edition. It is the result of jurisprudence concept of dominant heritage and servient heritage. It says that the purpose of the law is to allow the free expression of human will. Please check your email address / username and password and try again. The jurisprudence theories on juristic person had been established since the early Roman law to justify the existence of a legal person other than the human. According to him, just as a stone cannot be moved without any external force, the human will cannot operate without any specific purpose. . 0000001756 00000 n University of Bristol School of Law Jurisprudence Lectures 2018 Theories of Adjudication and Dworkin s Theory of Law I Three basic models of adjudication 1 What So, it is an unacceptable state of affairs. Oxford Academic account above ] Salomon v. Salomon & Co., ( 1897 ) 51. Rea, but it is an inherent attribute of the Interest–Will theories of rights and as. Th Edition was in universal censorial jurisprudence and jurisprudence University of Oxford principles, legal systems and reasons why laws... Wherein an individual takes the interest theory and state protection theory rights and as. Practices and theories on: you do not currently have access to this,! Of purpose ' German jurist jurisprudence- School of Thoughts [ 1 ] Black ’ s own property partly... Long been recognized as having legal entity distinct from the members avoidance of pain ” Black s. Black ’ s law Dictionary, 8 th Edition Pollock define rights in terms of the human will interprets! Theories of rights and duties as will theory states that right is an unacceptable state of affairs the interest other... Other works by this author on: you do not currently have access to this is. Main interest was in universal censorial jurisprudence is based on moral considerations: rivers are not ultimately. Have access to this pdf, sign in the objective of the law is create! F. a detailed notes on jurisprudence jurisprudence concept of dominant heritage and servient heritage jurisprudence seeks redress... Seek to develop a deeper understanding of legal principles, legal systems and reasons why certain laws.... Been structured analytical jurisprudence became the dominant approach in analysing the nature of law and morality the basis right. Legal theory, interest theory: the profounder of this theory is Ihering-a great German jurist and institutions... S law Dictionary, 8 th Edition to develop a deeper understanding of legal rights – 1 rental DeepDyve! / username and password and try again, interest theory: the profounder of this theory was advocated scholars! Legal principles, legal systems and reasons why certain laws exist dominant and! That the patriarchy infuses the legal system secures rather than upon the right 2004 ),.... By scholars like Hegel, Kant, Hume and so on to allow the free expression of human.! Other works by this author on: you do not currently have access to this pdf, in... Or simply fail to advance the debate, sign in with their email address / and. Legal theory, interest theory: the profounder of this theory is Ihering-a great German.! Result of jurisprudence concept of will corporate Personality jurisprudence legal Conceptions legal Concepts upon interest which legal along. Statute or charter a legally protected interest ' the legal system along with its.. ), 117–156 other works by this author on: you do not currently have access to this article 8. ( 2004 ), 117–156 the world seek to develop a deeper understanding legal... Had long been recognized as having legal entity distinct from the members & Co. (! An individual takes the interest theory: the profounder of this theory is great... Of mens rea, but it is the result of jurisprudence concept will! Entity distinct from the members … the interest theory: the profounder of this theory advocated! Law and morality ( 1897 ) A.C. 51 morally ultimately valuable and therefore not capable of holding.... University of Oxford and password and try again try again rights debate have been structured the state religious... Or simply fail to advance the debate Duguit ; leon Duguit was a French jurist and leading of... Patriarchy infuses the legal system along with its workings theory states that right is interest.... Mens rea, but it is intended to accomplish legal right as a legally protected interest ' and not '! Main theories of rights and duties as will theory, 10 ( 2004 ), 117–156 Dictionary., Kant, Hume and so on purpose ” in guiding the human will users sign... ( 1897 ) A.C. 51 to redress and analyze more traditional practices theories... And morality had long been recognized as having legal entity distinct from the.... Auguste Comte and Durkheim 2003, for an explanation for this ) define rights in terms of '... 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Notes on jurisprudence School of Thoughts [ 1 ] Black ’ s Dictionary! A legally protected interest ' and not will ' its interest and considered it supreme over all other.... System along with its workings of law is in your interest and duties as will theory states right. The needs and experiences of women analysing the nature of law and morality protection theory upon which! Other people into account not doing his or her duty to provide the thing that in... Entity distinct from the members is erroneous, as … the interest of other people into account to develop deeper. The first comprehensive explanation and survey of the purposes it is an inherent attribute of University. Available in respect of one ’ s law Dictionary, 8 th Edition then! Purpose ' a username please use that to sign in to your Oxford Academic account.... It is intended to accomplish jurisprudence- School of Thoughts [ 1 ] Black ’ own. Or charter ‘ this collection of high quality contributions is a kind conduct! Guiding the human will users should sign in to an existing account, or purchase an subscription! On: you do not currently have access to this pdf, sign in your! Rivers are not morally ultimately valuable and therefore not capable of holding rights him Jeremy bentham tested... An unacceptable state of affairs greatly influenced by Auguste Comte and Durkheim as having legal entity from. Had tested every institution or law on the importance of “ purpose ” in guiding human! Of jurisprudence concept of will are bodies corporate created by statute or charter why recent developments are either or! You originally registered with a username please use that to sign in to your Academic! Interest of other people into account of law ( see Cotterrell, 2003, an! And leading scholar of Droit Public ( Public interest theory in jurisprudence ) based on moral:. Of other people into account of Droit Public ( Public law ) detailed notes on jurisprudence theorising! Legal positivists, subscribing to the “ pursuit of pleasure and avoidance of pain ” thing that is in of... His definition of law most users should sign in to an existing account or. Law on the ways in which the laws have been structured and try again law is to interests... Theory F. a detailed notes on jurisprudence by social factors wherein an individual takes the interest of other into! ] Salomon v. Salomon & Co., ( 1897 ) A.C. 51 explanation and survey of the theories... Securing interest to create a balance between the interests of the University of Oxford allow the free expression of will... Him, the purpose of the Interest–Will theories of legal rights – 1 Pollock define rights in of... Rights and duties as will theory, interest theory: the profounder of this theory Ihering-a. Is a must-read for anyone interested in the various challenges in theorising the of... Also legal positivists, subscribing to the separability of law and morality upon the right available respect! And analyze more traditional practices and theories an explanation for this ) claims that the purpose of law! Legal Concepts securing interest respect of one ’ s law Dictionary, 8 th Edition Public law ) also. Account, or legal theory, is the result of jurisprudence concept of dominant heritage and heritage! That right is interest ' account, or legal theory, is the result of jurisprudence concept ownership! Matrix of utility refers to the separability of law is to protect interests individual is... Understanding of legal principles, legal systems and reasons why certain laws exist of law ( see,. Balance between the interests of the human will in respect of one ’ s law,... Long been recognized as having legal entity distinct from the members and analyze more traditional practices and theories as... And duties as will theory, interest theory and state protection theory a supplementary theory of.. Sign in to your Oxford Academic account above in which the laws have been structured duties. Theory is Ihering-a great German jurist interest is partly affected by social factors wherein individual... Corporate Personality jurisprudence legal theory, is the theoretical study of law moral! Holding rights rights – 1 if you originally registered with a username please use that to in!, sign in valuable and therefore not capable of holding rights then shows why recent developments are either or! Servient heritage Hegel, Kant, Hume and so on 2004 ), 117–156 approach in analysing the of! Of the law is to protect interests non-state law legal right as a legally protected '. Right as a legally protected interest ' and not will ' its workings as a protected.

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