GOD ARISES by Maulana Waiduddin Khan - page 388

God Arises
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
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