Jurisprudence

ESSENTIAL JURISPRUDENCE SECOND EDITION Cavendish Publishing Limited London • Sydney Titles in the series: Company Law Constitutional Law Contract Law Criminal Law Employment Law English Legal System European Community Law Evidence Family Law GCSE Law Jurisprudence Land Law Medical Law Succession Tort Trusts ESSENTIAL JURISPRUDENCE SECOND EDITION Austin M Chinhengo, LLB (Hons), LLM, PhD Senior Lecturer in Law Swansea Law School Cavendish Publishing Limited London • Sydney Second edition first published in Great Britain 2000 by Cavendish Publishing Limited, The Glass House, Wharton Street, London WC1X 9PX, United Kingdom Telephone: +44 (0) 20 7278 8000 Facsimile: +44 (0) 20 7278 8080 E-mail: [email protected] Visit our Home Page on http://www.cavendishpublishing.com © Chinhengo, AM 2000 First edition 1995 Second edition 2000 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, except under the terms of the Copyright Designs and Patents Act 1988 or under the terms of a licence issued by the Copyright Licensing Agency, 90 Tottenham Court Road, London W1P 9HE, UK, without the permission in writing of the publisher. British Library Cataloguing in Publication Data Chinhengo, Austin M Essential Jurisprudence—2nd ed 1 Jurisprudence I Title 340 ISBN 1 85941 148 7 Printed and bound in Great Britain To Shamisa and Tanaka Always Foreword This book is part of the Cavendish Essential series. The books in the series are designed to provide useful revision aids for the hard-pressed student. They are not, of course, intended to be substitutes for more detailed treatises. Other textbooks in the Cavendish portfolio must supply these gaps. Each book in the series follows a uniform format of a checklist of the areas covered in each chapter, followed by expanded treatment of ‘Essential’ issues looking at examination topics in depth. The team of authors bring a wealth of lecturing and examining experience to the task in hand. Many of us can even recall what it was like to face law examinations! Professor Nicholas Bourne AM General Editor, Essential Series Conservative Member for Mid and West Wales vii Preface This text presents the essential issues in jurisprudence in a way which enables the student to have easy and illuminating access to the basic ideas propounded by the various thinkers on the subject over the years. Emphasis is placed on an explanation of the basic concepts, methodology and terminology used by writers on the subject, and the student is encouraged to approach the issues from a perspective which locates them within a contemporary context. Dr Austin Chinhengo March 2000 ix Acknowledgments I wish to express my appreciation to my students, both past and present, who have made it all worthwhile, and my thanks to my father, for keeping my spirits up. xi Table of Contents Foreword Preface Ackno