this slide says about the definitions put forward by famous scholars, better meaning of jurisprudence, and how different social science subjects are inter connected with Jurisprudence.
Principles of constitutional interpretation of list prepared by Rajashree J J...sundarsasane
In these SLIDES there are various principles and doctrines of legal interpretation of statutes, law and provisions,this is according to article 245 to 255 and article 13 of the Indian constitution.
CONTEMPORNEA EXPOSITIO EXTERNAL AID TO INTERPRETATIONShreya Chaurasia
Interpretation means the art of finding out the true sense of an enactment by giving the words of the enactment their natural and ordinary meaning.
It is the process of ascertaining the true meaning of the words used in a statute.
The Court is not expected to interpret arbitrarily and therefore there have been certain principles which have evolved out of the continuous exercise by the Courts. These principles are sometimes called ‘rules of interpretation’.
The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used.
Contempornea Expositio means that the meaning of words in a document are to be understood in the sense which they bore at the time of the document.
Contemporaneous exposition is the best and strongest in law. It is said that the best exposition of a statute or any other document is that which it has received from contemporary authority.
Contemporanea expositio est optima means usage or practice developed under a statute is indicative of the meaning ascribed to its words by contemporary opinion.
External Aid includes Historical Background,The original bill drafted and introduced,Legal Dictionaries,Debates in the Legislature,Judicial Construction etc.
Principles of constitutional interpretation of list prepared by Rajashree J J...sundarsasane
In these SLIDES there are various principles and doctrines of legal interpretation of statutes, law and provisions,this is according to article 245 to 255 and article 13 of the Indian constitution.
CONTEMPORNEA EXPOSITIO EXTERNAL AID TO INTERPRETATIONShreya Chaurasia
Interpretation means the art of finding out the true sense of an enactment by giving the words of the enactment their natural and ordinary meaning.
It is the process of ascertaining the true meaning of the words used in a statute.
The Court is not expected to interpret arbitrarily and therefore there have been certain principles which have evolved out of the continuous exercise by the Courts. These principles are sometimes called ‘rules of interpretation’.
The object of interpretation of statutes is to determine the intention of the legislature conveyed expressly or impliedly in the language used.
Contempornea Expositio means that the meaning of words in a document are to be understood in the sense which they bore at the time of the document.
Contemporaneous exposition is the best and strongest in law. It is said that the best exposition of a statute or any other document is that which it has received from contemporary authority.
Contemporanea expositio est optima means usage or practice developed under a statute is indicative of the meaning ascribed to its words by contemporary opinion.
External Aid includes Historical Background,The original bill drafted and introduced,Legal Dictionaries,Debates in the Legislature,Judicial Construction etc.
Jurisprudence is thus the study and theory of law. Scholars of jurisprudence, or legal theorists (including legal philosophers and social theorists of law), try to assign a deeper understanding of
the nature of law, of legal reasoning, legal systems and of legal institutions. In these slides, the presenter is concentrating on the ethical school of jurisprudence.
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Legitimacy, Legitimation and Adoption under Private International Lawcarolineelias239
For matters concerning children, and their succeeding rights over parental property is being questioned on the basis of legitimacy or illegitimacy. Legitimation is allowed to convert the status of illegitimacy ti legitimate. Adoption also assures the welfare of the children.
The concept of Marriage under Private International Lawcarolineelias239
Marriage is a broad concept under Private international law. Many new rules had been laid down in various decisions, which had developed the international matrimonial law. The relevancy of monogamous or polygamous marriages. And the validity matters like formal validity and essential validity is also discussed here
Transfer of movable property under Private international law is effected by the act of parties or by operation of law. And there are different theories governing transfer of tangible and intangible properties.
The issues relating to immovable property in international scenario is dealt in a different way in different case laws. It had changes in principles from time to time.
Contracts under private international law is governed by different principles and maxims. This slide gives you an idea about it and included all relevant case laws.
Private international law provides both personal and proprietary immunities to the persons having sovereign status. Proprietary immunity is being provided to the properties in hand / authority of such persons having sovereign status. their property cannot be detained or destroyed when an action is brought against such persons in a foreign country.
Immunities as a special privilege is being provided under the private international law to persons having sovereign status, for not getting punished under a foreign law.
Jurisprudence is the basic subject in law. It is the grammar of law, as it studies law as a whole through different theories, principles, and philosophical and sociological approach. Different jurists through their interpretations have evolved theories which helps us study the purpose and utility of laws around the world.
Domicile of special categories and dependents in Private international lawcarolineelias239
Being a dependent, one cannot acquire his own domicile of choice in private international law. And the situations of persons like fugitives & refugees are different from other individuals. This slide particularly talks about domicile status of dependents, fugitives, refugees, etc.
Domicile of choice is the one an individual can acquire by his own choice. And to acquire such domicile proof of abandoning his origin domicile, mental intention to reside for a long term & habitual residence & physical presence etc. are inevitable.
Domicile of choice is the one acquired by a person by his own choice. But it requires the elements like - habitual residence, intention to reside for long duration, and interest not to abandon it.
Domicile is one of the important element in private international law. it is a decisive factor for choosing appropriate nations law which has more connection with the parties to the issue.
It is important in private international law. Domicile of origin and its revival principal gives chance to a person have his domicle , when all of his choices has been abandoned/ lost.
This slides shows the important definitions of Trade union. And gives an idea about recognition and registration of trade union & the differences between them.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
2. DEFINITIONS :
There is no uniform definitions for jurisprudence. Each jurists
defined ‘jurisprudence’ based upon their own ideology & nature of
the society.
Salmond: “ The Science of law”
Austin : “ The science of positive law”
Holland : “ The formal science of positive law”
Allen : “ The scientific synthesis of the essential principles of law”
Cicero: “ The philosophical aspect of the knowledge of law”
So we can say, it provides clear understanding about the nature of
law and basic functions of law, the relationship between law and
justice, law and morals etc.
It studies law - not of a particular country, but as a general notion
of law itself.
3. Meaning :
In the early decades of the 19th century with the theories
propounded by Bentham and Austin, the term ‘jurisprudence’
acquired a definite meaning.
Bentham is known as Father of Jurisprudence was the first one to
analyze what is law. He divided his study into two parts:
(1) Examination of Law ‘as it is’
i.e. Expositorial Approach– Command of Sovereign
(2)Examination of Law ‘as it ought to be’
i.e.,CensorialApproach-MoralityofLaw.
However, Austin concerned himself mainly with the formal analysis
of the English law and its related concept, which still continues to
be the basic concept. Austin’s ideology that ‘law is the command
of the sovereign’ became the structure of English Legal System,
which remained with the formal analysis of law as ‘it is’
(Expositorial) and never became ‘as it ought to be’ (Censorial).
4. Scope of Jurisprudence
The scope of jurisprudence has widened considerably over the years.
Commenting on the scope of jurisprudence Justice P.B.Mukherjee
observed, “Jurisprudence is both an intellectual and idealistic
abstraction as well as the behavioural study of man in society. It
includes political, social, economic and cultural ideas. It covers the
study of man in relation to society.”
This makes the distinction between law and jurisprudence amply
clear. It, therefore, follows that jurisprudence comprises the
philosophy of law and its object is not to discover new rules but to
reflect on the rules already known.
5. Whereas, Austin was the only one who tried to limit the
scope of jurisprudence. He tried to segregate morals and
theology from the study of jurisprudence.
Approaches to the study of Jurisprudence
There are two ways to study it-
Empirical– Facts to Generalization.
A Priori– Start with Generalization in light of which
the facts are examined.
6. Scope & value of jurisprudence
Some jurists opined that jurisprudence have no practical utility. But
Salmond does not agree with this view. “Only by understanding the
nature of law, its concepts and distinctions, a lawyer can find out the
actual rules of law”.
The value of Jurisprudence can be summarized as follows:
(1) The philosophy law is the basis of legal rules
(2) Study of jurisprudence is the study of different legal systems
(3)The knowledge of law is essential to every legislator while
making laws.
(4) It is concerned with what and how the law should be
(5) It has educational value & provides rules of interpretation
(6) It provides oppurtunity for lawyer to bring theory and life into
focus.
(7) It analyses, clarifies, clears overlapping of legal rules; and
provides new solutions to new problems with new interpretations.
7. Relation of Jurisprudence with other Social Sciences
Describing jurisprudence as a “lawyer’s extraversion”, Julius
Stone is of the opinion that the objective of jurisprudence is to
view and examine law from the eyes of disciplines other than law.
Roscoe Pound states that the subjects of jurisprudence, ethics,
economics, politics and sociology might be quite distinct at the
core, however, at a certain point they overlap with each other.
He further adds on that it is impossible to understand their
respective cores without studying this particular overlapping with
other social sciences. According to him, all social sciences must
especially co-work with jurisprudence.
8. Jurisprudence and Sociology :
Jurisprudence is the study of law and sociology is the study of
society and it is also discusses law but from a different stand-
point. Therefore there is a link between jurisprudence and
sociology.
Jurisprudence is concerned with legal rules that actually exists,
however, sociology is studying the effectiveness of those legal
rules and their impacts on society.
Jurisprudence and Politics :
Politics studies the principles responsible for the governmental
organization.
Whereas jurisprudence is analysing those principles.
Moreover, in a political society there exist rules for the regulation
of human being conduct which are the subject-matter of
jurisprudence. Hence, there is a close connection between the two.
9. Jurisprudence and Ethics :
Ethics is the science of human conduct. It projects an ideal human
behavior, in the light of which it suggests a course of conduct for
individuals living in societies. Whereas, jurisprudence is
discussing the imperative rules, actually existing in the societies.
However, those rules are also connected with the behavior of
human beings in societies.
Due to the close relationship and interdependency of these
sciences, there emerged a branch of jurisprudence known as
Ethical Jurisprudence, discussing the ideal human behavior or
which is the study of law as it ought to be.
Jurisprudence and Psychology :
Psychology is the ‘science of mind and behavior’, whereas,
jurisprudence is discussing law.
Law is aimed to be followed by individuals, and individuals can
only follow law if they intend to follow.
10. Therefore, intention is the very basic element behind every law, and
particularly in criminal law the concept of mens rea is having
immense importance. Therefore, jurisprudence and psychology both
are closely inter-related human sciences.
Jurisprudence and Economics :
Economics studies the production and distribution of wealth and law
is responsible for establishing a fair distribution of wealth through
rules. Moreover, studies show that economic factors are responsible
for the increasing rate of criminal activities, which again brings the
two in close relation with each other.
Furthermore, economics aims at improvement of the standards of
human lives whereas, this could not possible if a peaceful
environment is not available which is possible through the
application of laws.
So there is close connection between the two subjects.
11. Jurisprudence and History :
History is the scientific narration of the past events, whereas,
jurisprudence is the science of law.
Law has not come into existence overnight, as a matter of fact, it
has developed through ages.
History helps jurisprudence in digging out the origin and evolution
of different legal rules.
Owing to its importance, there developed a separate branch of
jurisprudence, known as Historical Jurisprudence.
Therefore, it may concluded that there is a close relation between
jurisprudence and history.