Custom as source of law
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Custom is considered the oldest form of law making and an important source of law. In primitive societies, people's lives were regulated by customs that developed according to circumstances. Some jurists believe customs originated from common practices that became necessary over time through repetition and imitation. Customs are divided into those with legal sanction and those without. For a custom to be valid as law, it must be reasonable, consistent, compulsory, continuous over time, and certain.
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Natural law theories propose that there are objective, universal principles of morality that can be discovered by reason and that inform just positive law. Key thinkers in the natural law tradition include Aristotle, Aquinas, Hobbes, Locke, Fuller, Finnis, and Hart. They variously argue that natural law is derived from human nature, God, or basic human goods. For Aquinas, natural law comes from eternal law and practical reason, and just human laws should conform to natural law. Finnis develops a secular natural law based on seven basic human goods. Critics argue natural law is not objective or universal and simply imposes personal views under the guise of rational principles.
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Natural law is a philosophical theory that states humans have certain inherent rights and moral values. It developed in the 16th century and was known to ancient Greeks. Natural law maintains that rules of right and wrong are intrinsic in humans and not created by society or courts. For example, it is universally understood that killing is wrong but punishing a killer is right, and that parents have a natural duty to care for their children without laws requiring it.
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This document discusses different schools of jurisprudence and their views on the nature and role of law. It covers the analytical school founded by John Austin which views law as the command of the sovereign. It also discusses the historical school founded by Savigny which sees law as an expression of cultural traditions. The sociological school examines the relationship between law and society. Islamic law (Syariah law) and its sources are also covered.
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NATURAL LAW
Natural law refers to universal moral principles that govern human behavior. This presentation discusses the history and evolution of natural law from ancient Greece and Rome to modern times. It notes that natural law was distinguished from positive law in ancient times. Major philosophers like Aristotle emphasized distinguishing what is just by nature from what is just by convention. Natural law was an important legal concept that was developed further during Roman, Christian, Medieval, and Modern periods. The presentation concludes with discussing the relevance of natural law concepts in the Indian legal system and constitution.
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This document discusses the function and purpose of law from a sociological perspective. It defines law and examines how culture influences law through elements like beliefs, values, norms, symbols, technology, and language. It outlines theories of prominent legal philosophers like Plato, Aristotle, Hobbes, Locke, and Rawls. It also summarizes sociological perspectives on law from theorists like Weber, Durkheim, Marx and Engels. These perspectives view law through either a consensus lens that sees society as cooperative or a conflict lens that sees society as characterized by exploitation and power struggles between groups.
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This document provides an overview and introduction to a course on human rights law. It discusses key concepts including the definition of human rights and how they relate to concepts like rights, freedoms, justice, and rule of law. It also explores the influences of religion, culture, and philosophical thought on theories of human rights. Specifically, it examines influences from Judeo-Christian doctrines, Islam, European secular ideas, and African cultural ideas. When analyzing approaches to human rights, it discusses natural law theory, natural rights theory, positivism, neo-naturalism, and how feminism has related to and expanded human rights frameworks.
Basics of Natural school of Jurisprudence
The natural law school of jurisprudence focuses on the idea that just laws are based on morals and ethics that are derived from human nature rather than being arbitrarily created. Natural law has been discussed and interpreted by philosophers from ancient Greece, including Plato, Aristotle, and the Stoics, through medieval scholars like Thomas Aquinas and into the Renaissance period. Key aspects of natural law include it being based on reason, promoting justice and morality, and the idea that unjust laws conflict with fundamental human nature.
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Custom as source of law
- 1. Name- Arpita Dinesh Patankar NLC-4th Seat No. Custom as a Source of Law
- 2. Custom is considered as important source of law. It is the oldest form of law making. A study of ancient law shows that in primitive society, the lives of the people were regulated by the customs which developed according to the circumstances. Some jurists believe that the customs are originated from the common consciousness of people, custom came into existence because of necessity and imitation. • When the same thing was done again and again in particular way of doing it, it assumed the form of custom. Introduction:
- 3. • Dr. C. K. Allen:- Custom as legal and social phenomenon grows up by force inherent in society, forces partly of reason and necessity and partly of suggestion and limitation. • Herbert Spencer:- Before any definite agency for social is developed there exists a control arising partly from the public opinion of the living, and more largely from the public opinion of the dead. It is tradition passing on one generation to another that originally governed human conduct. Definition:
- 4. Types of Custom: Customs are mainly divided into 2 types; 1. Customs having sanction. 2. Customs without sanction. Further Custom having 2 sub-types; • Conventional custom. • Legal custom. -Local Custom. -National Custom. -Local Custom. -General Custom.
- 5. • Reasonableness. • Consistency. • Compulsory observance. • Continuance. • Certainty. Requisites of valid custom: