Basic norm (German: Grundnorm) is a concept in the Pure Theory of Law created by Hans Kelsen, a jurist and legal philosopher. The theory is based on a need to find a point of origin for all law, on which basic law and the constitution can gain their legitimacy (akin to the concept of first principles).
Q. What is meant by censorial jurisprudence?
10As we have seen, the task of universal censorial jurisprudence is concerned not merely with form and terminology but with “what regards the substance of the laws”, proposing laws that would apply to “all nations alike”.
Table of Contents
- Q. What is meant by censorial jurisprudence?
- Q. What is Expositorial and censorial jurisprudence?
- Q. Who explains distinction between Expositorial jurisprudence and censorial jurisprudence?
- Q. What is Bentham’s theory of law?
- Q. Which theory has Kelsen propounded?
- Q. Who made the observation Jurisprudence is lawyers extraversion?
- Q. When does Bentham use jurisprudence as a synonym for law?
- Q. What was the purpose of the Bentham law?
- Q. When do scholars consider Bentham’s cosmopolitanism in its legal aspect?
- Q. What was Bentham’s definition of pleasure and pain?
Q. What is Expositorial and censorial jurisprudence?
Bentham�s Expositorial and Censorial Jurisprudence Analytical jurisprudence or Expository is concerned with law , as without taking consideration of any moral or immoral characters. Censorial jurisprudence on the other hand is said to be science of legislation, meaning �what the law ought to be�.
Q. Who explains distinction between Expositorial jurisprudence and censorial jurisprudence?
Bentham explains the divide between expository jurisprudence and censorial jurisprudence.
Q. What is Bentham’s theory of law?
Bentham is popularly known for his theory of utilitarianism which has more emphasis on individualism. According to him the main function of law is to make free the individual from the bondage and restraint upon his freedom.
Q. Which theory has Kelsen propounded?
The jurisprudence Kelsen propounded “characterizes itself as a ‘pure’ theory of law because it aims at cognition focused on the law alone” and this purity serves as its “basic methodological principle” (PT1, 7).
Q. Who made the observation Jurisprudence is lawyers extraversion?
J. Stone also tried to define Jurisprudence. He said that it is a lawyer’s extraversion. He further said that it is a lawyer’s examination of the percept, ideas and techniques of law in the light derived from present knowledge in disciplines other than the law.
Q. When does Bentham use jurisprudence as a synonym for law?
There are occasions when Bentham employs ‘jurisprudence’ as a synonym for ‘law’, referring to the substance and interpretive history of a particular legal norm, embodied in case law, precedents, and other legal commentary.
Q. What was the purpose of the Bentham law?
The happiness of an individual and the General Welfare are complementary; the achievement of the greatest amount of happiness is the goal of morality. Bentham applied his views to reform legislation, feeling that the purpose of the law was to maximize total happiness within the limitations of government.
Q. When do scholars consider Bentham’s cosmopolitanism in its legal aspect?
When considering Bentham’s cosmopolitanism in its legal aspect, scholars often focus on his international jurisprudence, to the neglect of his universal jurisprudence.
Q. What was Bentham’s definition of pleasure and pain?
According to Bentham, each pleasure has certain characteristics, including intensity and duration, and he established a scale of measurement to judge the worth of a pleasure or a pain. Bentham further opined that each person strives to do what makes him or her happiest.
