RELIGION AND SOCIETY
English book, PDF p. 388
By Maulana Wahiduddin Khan
Religion and Society ~ 388 ~ advances.” Yet all these efforts have failed to produce a unanimous concept of law. One legal expert puts it this way: “If ten constitutionalists were asked to define what they meant by law, it would be no exaggeration to say that we would have to be prepared for eleven different answers.” Leaving aside technicalities, these schools of thought can be broadly divided into two categories of jurisprudence: the ideological, whose quest is ‘Law as it ought to be’, and the analytical, which interprets ‘Law as it is’. The history of the principles of law shows that neither has arrived at any acceptable conclusion. When jurists attempt to interpret the law in terms of the second category, objections are raised that logical justification has escaped their attention, and when they attempt to understand it within the framework of the first category, they are forced to the conclusion that it is something which is impossible to discover. One school of thought views the law simply as an external structure of human society which can be built according to known rules and regulations exactly like a cage that is built to confine animals in the zoo. This theory was supported by John Austin

‹ Previous page Next page › About this book Open in the reader