A Treatise On The Nature And Scope (Paperback)

A TREATISE ON THE NATURE AND SCOPE OF THE SCIENCE Of IiRW BY SYED KARAMAT HUSEIN OF THE MIDDLE TEMPLE, ESQUIRE, BARRISTER-AT-LAW, ADVOCATE, HIGH COURT OF JUDICATURE, N.-W. PROVINCES, INDIA, FELLOW AND MEMBER OF THE FACULTY OF LAW OF THE UNIVERSITY OF ALLAHABAD. gttlahubnd PRINTED AT THE CITY PRESS, 1902. All rights reserved. PREFACE. A monograph on the Nature and Scope of the Science of Law after the valuable works of Austin, Dr. Holland, Dr. Markby and Sheldon Amos on Jurispru dence may seem to many of the readers of this book an unnecessary reiteration. The point of view from which the subject has been approached in this work is, how ever, different from the one taken by t he authors above named. It is, therefore, earnestly hoped that those who may take the trouUe to read this book will please suspend their judgment till they will have gone through it. I am greatly indebted to my friend Mr. M. A, N. Hydari, Fellow of the University of Bombay, who very kindly went through the manuscript of this work, and improved it in many ways, both in matter and in form, He also very kindly corrected the proof sheets S. KARAMAT HUSEIN. ALLAHABAD 22nd October 1902. TABLE OF CONTENTS. Page. PREFACE. PART UlltST. INTRODUCTORY ... ... ... ... 1 PART II. NATURE AND SCOPR OF THE SCIENCE OF LAW SPECIFIED... 39 PART III. JURISPRUDENCE AS CONCEIVED BY AUSTIN AND OTHEBS CRITICISED ... ... ... 59 ... 79 ... 82 ... 88 ... 92 ... 94 ... 97 ... ICO 101 ... 101 108 114 116 118 120 122 171 128 129 131 133 135, 2 1 Page. .. 13G .. 138 . 1 0 142 . 143 . 144 146 . 148 149 . 151 153 154 . 155 . 156 162 16 i 166 167 168 173 182 192 196 199 200 205 209 214 218 219 220 3 P e. APPENDIX 17-B ., ... 222 Do. 17-0, , ...... . ... 223 Do. 17-D ... ... ... ... ... 228 Do. I7-E, . ... ... ... ... 230 Do. 17-F ... ... ... ... ... 231 Do. 17-G ... ... 233 Do. 17-H ... ... ... ... ... 235 Do. 17-1, ., , ... 238 Do, 17-J ... ... ... ... ... 240 Do. 17-K ... ... ... 241 Do. 17-L .., ..., M ... 243 Do. 17 M ... ... ... 244 Do. 17-N . .., , 245 Do. 17-O . ... 246 Do. 17-P, M 248 Do, 17-Q . Ml ... 251 PART I. INTRODUCTORY. 1. Those who have studied the valuable works of Austin and Or, Holland on Jurisprudence must be familiar with the subject matters of those works, They must also be familiar with the fact that Jurisprudence has been defined by Dr, Holland to be the f Formal Science of Positive Law The above conception of Jurisprudence, considered along with the matters dealt with in the above works on Jurisprudence, naturally leads one to infer that the expression the Formal Science of Positive Law stands for a well-defined and clear conception, and that its sphere is co-extensive with, or at least includes, all those subject matters which are dealt with in the works of Austin and Dr, Holland on Jurisprudence, 2. The following pages aim at examining the legitimacy of the above inference, with special reference to the exact meanings to be assigned to the terms Science, Art and Law and to the phrase the Science of Law As a preparatory step, a definite conception of the following terras, as employed in these pages, is indispensable a Proposition, b Scientific knowledge, c Science, d Art e Law. Principle, Abstract, h General, Vagueneis in conception of the terms employed is utterly foreign to the Scientific method. When our conception of the terms we employ is inexact, the propositions into the formation ofwhich the inexact terms enter, express wrong judgments. In other f words the relations of existence, co-existence or sequence abated in those propositions may or may not cor respond with the objective relations in which those terms really stand. Such want of correspondence or truth in the propositions naturally leads to a. want of correctness in the conclusions we draw...