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Eduncle posted an MCQ
October 18, 2019 • 15:59 pm 0 points
  • UGC NET
  • Law

Which one of the following Jurists distinguished between ?expositorial? jurisprudence (What the law is) and ?Censorial? jurisprudence (What the law ought to be)

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    Eduncle Best Answer

    The English jurist and philosopher Jeremy Bentham (1748-1832) is the greatest historical figure in British legal positivism. Bentham, the founder of positivism, should be considered the “Father of analytical positivism”, and not Austin as it is commonly believed. The debt that Austin owed to Bentham was enormous, patent and acknowledged. He was a champion of codified law. Bentham distinguished expositorial jurisprudence (i.e. what the law is) from censorial jurisprudence (i.e. what the law ought to be). Principles and laws together reveal Bentham’s thinking about the law. Bentham did not think that law everywhere was regarded as the legislative will of the sovereign.

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