jurisprudence (1).Social Engineering Theory
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Ujjwal Deepak Dhumal Class -NLC IV Roll No- 5404 College Name- Yashwantrao Chavan Law college, Malkapur-karad
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Positive Law or Analytical Legal Positivism
Analytical legal positivism is an influential school of legal theory that views law as commands from the state rather than being connected to morality. [1] Jeremy Bentham and John Austin were two of the most important early exponents of this view. [2] Bentham believed that law could be analyzed based on its source, subjects, objects, extent, aspect, force, and expression. Austin built upon Bentham's ideas and is considered the founder of the analytical school, viewing law as commands from a sovereign. [3] Both philosophers made important contributions to the positivist view that law and morality should be separated.
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The document discusses the sociological school of jurisprudence. It examines the study of law in relation to society from the perspectives of legal sociologists and sociological jurists. Some key points:
- Legal sociologists view law as part of society and study how it influences social behavior, while sociological jurists study how law functions in society and the tools of legal practice.
- The sociological approach looks at law's functions in the community, emphasizes social duties over individual rights, and views law as a social phenomenon that can only be understood in its social context.
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Chapter 1 jurisprudence
1) Jurisprudence is defined as the study of law, including its meaning, types, and relationship to other social sciences.
2) There are two types of law: god-made (natural) law that is universal, and man-made (positive) law that is created by humans to regulate society. Jurisprudence focuses on positive law.
3) Positive law can be understood as "law as it is" - existing rules and statutes, or in the abstract - fundamental principles common across legal systems. Most contemporary jurists see jurisprudence as the study of law in the abstract sense rather than concrete statutes.
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Historical jurisprudence which explain how an act enacted using historical way. The society follows an culture continuously. It will be created to an act by modern day government.
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The document discusses the rule of law in India. It defines the rule of law and outlines A.V. Dicey's three postulates: supremacy of law, equality before the law, and predominance of legal spirit. It examines how the rule of law is reflected in the Indian constitution through fundamental rights, judicial independence, and judicial review. Several Supreme Court cases have upheld the rule of law as a basic feature of the constitution. In conclusion, while not expressly mentioned, the rule of law governs India as a fundamental principle of constitutional governance.
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Positive Law or Analytical Legal Positivism
Analytical legal positivism is an influential school of legal theory that views law as commands from the state rather than being connected to morality. [1] Jeremy Bentham and John Austin were two of the most important early exponents of this view. [2] Bentham believed that law could be analyzed based on its source, subjects, objects, extent, aspect, force, and expression. Austin built upon Bentham's ideas and is considered the founder of the analytical school, viewing law as commands from a sovereign. [3] Both philosophers made important contributions to the positivist view that law and morality should be separated.
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The document discusses the sociological school of jurisprudence. It examines the study of law in relation to society from the perspectives of legal sociologists and sociological jurists. Some key points:
- Legal sociologists view law as part of society and study how it influences social behavior, while sociological jurists study how law functions in society and the tools of legal practice.
- The sociological approach looks at law's functions in the community, emphasizes social duties over individual rights, and views law as a social phenomenon that can only be understood in its social context.
- Prominent thinkers discussed include Roscoe Pound, who advocated for interpreting and applying law in a way that takes social facts into account,
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A brief introduction of Roscoe Pound, followed by his theory on social engineering, interest theory, jural postulates and criticism in brief.
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This is a presentation on Dean Roscoe Pound's theory on the nature and meaning of law. He belongs to the Sociological School of Jurisprudence.
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Hans Kelsen was an Austrian jurist who developed the "pure theory of law", which views law as a hierarchical system of norms that are ultimately grounded in a basic norm (Grundnorm). According to Kelsen, law should be studied scientifically as a normative order separate from political, social, or ethical considerations. He conceptualized law as a "normative science" rather than a natural science. Kelsen's theory proposes that the validity of legal norms derives from their conformity to higher norms, with the Grundnorm sitting at the top as the ultimate source of validity that cannot be questioned ethically, politically, or religiously.
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1) Jurisprudence is defined as the study of law, including its meaning, types, and relationship to other social sciences.
2) There are two types of law: god-made (natural) law that is universal, and man-made (positive) law that is created by humans to regulate society. Jurisprudence focuses on positive law.
3) Positive law can be understood as "law as it is" - existing rules and statutes, or in the abstract - fundamental principles common across legal systems. Most contemporary jurists see jurisprudence as the study of law in the abstract sense rather than concrete statutes.
HISTORICAL JURISPRUDENCE.pptx
Historical jurisprudence which explain how an act enacted using historical way. The society follows an culture continuously. It will be created to an act by modern day government.
Admin law- rule of law
The document discusses the rule of law in India. It defines the rule of law and outlines A.V. Dicey's three postulates: supremacy of law, equality before the law, and predominance of legal spirit. It examines how the rule of law is reflected in the Indian constitution through fundamental rights, judicial independence, and judicial review. Several Supreme Court cases have upheld the rule of law as a basic feature of the constitution. In conclusion, while not expressly mentioned, the rule of law governs India as a fundamental principle of constitutional governance.
Roscoe_Pound.pptx
Roscoe Pound proposed a theory of law as social engineering. He viewed law as a tool for balancing competing interests in society, similar to how engineers design products. Pound argued law should balance individual interests, public interests, and social interests to minimize conflict and maximize happiness. He outlined five "jural postulates" of interests that law should protect, such as protection from aggression and securing property. While Pound's theory aimed to adapt law to social needs, critics argue terms like "friction" are too mechanistic and it overlooks important personal freedoms. Overall, Pound advocated a functional approach where law evolves with society.
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- Kelsen advocated a "pure" theory of law that distinguishes law from morals and facts.
- The theory views law as a hierarchical system of norms derived from a basic "grundnorm."
- The grundnorm is the hypothetical starting point that provides validity to the entire legal system.
- Kelsen's theory aims to reduce law to a science by removing non-legal factors, but it has been criticized for being too removed from social realities.
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Roscoe Pound was an American legal scholar who served as Dean of Harvard Law School. He is considered the founder of sociological jurisprudence in America. Pound argued that law should account for social facts and interests in its making, interpretation, and application. He believed law acts as an instrument of social engineering, balancing competing individual, public, and social interests through principles he called "jural postulates."
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Jurisprudence introduction .
This document discusses the nature, scope, and utility of jurisprudence. It defines jurisprudence as the scientific study of fundamental legal principles. Jurisprudence shapes the legal understanding of law students and helps them develop their own opinions about laws. It connects law to various aspects of society and improves legal interpretation. Studying jurisprudence provides lawyers with a broader perspective, reveals the true intentions of laws, and helps improve legal systems over time. It is an interdisciplinary field related to subjects like ethics, psychology, history, sociology, and economics.
Pure theory of law
This document provides an overview of Hans Kelsen's Pure Theory of Law. Some key points:
- Kelsen advocated a "pure" theory of law that distinguishes law from morals and facts.
- The theory views law as a hierarchical system of norms derived from a basic "grundnorm."
- The grundnorm is the hypothetical starting point that provides validity to the entire legal system.
- Kelsen's theory aims to reduce law to a science by removing non-legal factors, but it has been criticized for being too removed from social realities.
Austin theory in jurisprudence.
Theories of Father of modern jurisprudence and the journey of his life. His theories with exceptions and critics.
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This document provides an introduction to jurisprudence. It begins by defining jurisprudence as derived from the Latin words for law and wisdom/knowledge. It then discusses key terms like science, philosophy, and law. It examines different typologies and definitions of law provided by eminent jurists. It also explores classifications of jurisprudence, the scope and significance of jurisprudence, and its relationships with other social sciences like psychology, economics, history, sociology, and ethics. The overall purpose is to introduce the reader to the concept and study of jurisprudence at a high level.
LLB LAW NOTES ON JURISPRUDENCE
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FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
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FREE LLB LAW SECOND SEM NOTES
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KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
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VISIT : https://hirelawyeronline.com/
Sociological School of Jurisprudence notes
The document discusses the sociological school of jurisprudence. It emerged as a result of a shift from laissez-faire policy to welfare state policy. Sociological jurisprudence studies the relationship between law and society. It views law as a social phenomenon and believes law is influenced by and has influence over society. It provides the example of sati and discusses both the legal and sociological aspects. Key aspects of sociological jurisprudence include that law is one of many social control norms and is relative to society rather than absolute. The work of Leon Duguit is discussed, specifically his views on social solidarity and interdependence between individuals in society.
Literal Rule of Interpretation.pptx
The literal or grammatical interpretation of a statute means that the words are given their ordinary meaning, and if clear and unambiguous, emphasis is given to the statutory provision. However, nothing can be added or taken from a statute unless justified by legislative intent, and every word in a statute must be given meaning. In Karnaphuli Rayon and Chemical Ltd. Vs Bangladesh, the Supreme Court stated that while courts can modify statutory language or meaning, literal interpretation prevails unless it would lead to absurdity or injustice not intended by the lawmaker.
topic : Analytical school (jurisprudence)
The analytical school of jurisprudence views law as a command by a sovereign backed by sanctions. The key exponents were Jeremy Bentham and John Austin. Bentham rejected natural law theories and viewed law through a utilitarian lens, while Austin defined law as the command of the sovereign. Austin is considered the father of the analytical school, which treats law in a positive, scientific manner rather than how it ought to be. The analytical school examines legal concepts, the relationship between law and other forms of law, theories of liability, and legal sources of law.
Feminist jurisprudence
Feminist jurisprudence is a philosophy of law based on gender equality. It began in the 1960s and believes that law systematically maintains patriarchy by privileging male perspectives. There are several schools of feminist thought, including liberal feminism which seeks equal treatment, difference feminism which emphasizes women's differences, radical feminism which views patriarchy as the root of gender inequality, and postmodern feminism which rejects universal standards.
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This document discusses the concept of judicial precedent in India. It defines precedent as previously decided cases that judges are bound to follow, with the Supreme Court's decisions being binding on all courts. It outlines the hierarchy of courts and states that Supreme Court decisions bind all courts, while High Courts bind courts within their jurisdiction. The document also discusses the doctrines of stare decisis and precedent, distinguishing between authoritative and persuasive precedents. It notes the key parts of judicial decisions as ratio decidendi, the binding reasoning, and obiter dicta, non-binding observations.
Judicial Review
The document provides an acknowledgment, statement by the candidate, and certificate for a research paper submitted by Swapna Shil to Amity Law School for an LLM degree. It acknowledges the support received from faculty members, friends, and various writers whose work helped complete the dissertation. The statement declares that the paper is Swapna Shil's original work and does not infringe on any copyrights. The certificate verifies that the paper titled "Judicial Review" is Swapna Shil's independent and original research worthy of an LLM degree from Amity Law School.
Analytical school of Jurisprudence
This document summarizes John Austin's analytical positivism school of jurisprudence. It outlines that Austin viewed law as the command of the sovereign, with three key aspects: 1) commands are general rules for a community backed by sanctions, 2) a sovereign is the ultimate human source of law, and 3) law and morality are separate, with law defined by its coercive power rather than moral content. The document also notes chief legal philosophers of this school and some criticisms of Austin's theory.
Kelson pure theory
Hans Kelsen was an Austrian jurist who developed the "pure theory of law" in the 20th century. He viewed legal science as a pyramid of norms with a basic norm (Grundnorm) at the apex, and subordinate norms controlled by norms above them. Kelsen's theory aimed to reduce confusion caused by natural law theory by treating law as a normative science rather than a natural science. However, critics argue that Kelsen's theory lacks sociological foundation and practical applicability, and provides no solution for conflicts arising from ideological differences.
Hart's Concept of Law
HLA Hart's concept of law views law as a social phenomenon that can only be understood by examining the social practices of a community. He distinguishes between primary rules that impose obligations and secondary rules that confer powers like adjudication and legislation. For primary rules to become a legal system, they must be unified with secondary rules. Hart's key insight is that for a rule to be a legal rule, it must have an "internal aspect" where members of society view it as a standard to follow and use normative language to criticize deviations from it. This addresses shortcomings in Austin's concept of law based merely on habits of obedience.
Presentation
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.
Equity jurisdictions
The Law of Equity and Trust
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
American realism- Legal Theory
The document discusses the American Realism movement in legal theory. Some key points:
- American Realism studies law as it exists in practice and its real-world effects, rejecting traditional legal concepts. It views law as judges decide cases rather than enacted laws.
- Major figures were John Chipman Gray and Oliver Wendell Holmes. Holmes defined law as "predictions of what courts will do" and emphasized extra-legal factors in decisions.
- American Realism shares the view with legal positivism that law is separate from moral ideals. Unlike sociological approaches, it focuses on scientific observation of law's functioning rather than its ends. It also rejects the natural law view that laws come from inherent principles.
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Socio-legal research studies human behavior and interactions regarding laws to help shape social transformation. It recognizes that law must change with social needs and factors. Socio-legal research integrates law and social sciences by considering the social context of laws. Without social context, law would be useless. Socio-legal research is important as it can inform reforms in areas like taxation, international trade, sex offenses, urbanization and effects of media. It is useful for social transformation, decision making, shaping public opinion, and identifying root causes of crime.
Public Interest Litigation
PIL is one of utmost important area of Legal field. Today i prepared the short note on this. It will be helpful for all law students, and all other aspirant who are preparing for other governmental exams. In most of the government exam there is question relating to the this topic.
Tamanaha
Brian Tamanaha developed a realistic socio-legal theory in the late 1990s that sought to establish philosophical and methodological foundations for the social scientific study of law. He argued that there is no single concept of law and that law is a cultural construct without a universal essence. Tamanaha believed legal theory and socio-legal studies could learn from one another if law is subject to empirical investigation rather than being defined in ways that assume sociological connections. His theory evaluates concepts of law based on coherence, consistency with reality, and usefulness for social scientific study of legal phenomena like understanding how race impacts judicial decisions. Tamanaha aimed to incorporate insights from socio-legal studies into legal theory without subsuming legal theory within socio-legal
Public Interest Litigation: A Critical Review
In this research paper the researcher has focused on the introduction of Public Interest Litigation in the Indian Judicial System. The innovative procedure of law has been introduced for betterment of the socially and economically deprived. Paper includes the positive impacts and negative impacts it curtails on the Indian society and explores the ways someone can use the judicial instrument for securing the rights of the deprived sections of society. The paper discusses about the writs that can be used to take the legal remedy. Also, includes certain landmark cases and judgments that show up the necessity public interest litigation has in the Indian society. The paper aims at critically analyzing the public interest litigation instrument introduced by the judicial system. The researcher also comments on the present scenario of the public interest litigation and aims to show its importance by discussing relevant case laws that made an impact on the judicial system. The conclusion part lays an overview of the research work done and tries to suggest the necessary steps to be taken or the loophole that exists, which needs to be mended. Arihant Agrawal"Public Interest Litigation: A Critical Review" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-2 | Issue-5 , August 2018, URL: http://www.ijtsrd.com/papers/ijtsrd17001.pdf http://www.ijtsrd.com/management/law-and-management/17001/public-interest-litigation-a-critical-review/arihant-agrawal
7) theory of law
This document provides an overview of three major theories of law: natural law, positivism, and sociological theories.
The natural law section describes natural law as law that is in accordance with nature and morality. It outlines key principles like laws being derived from human reasoning and conscience. Positivism holds that only positive law established by the state is valid law, regardless of morality. Sociological theories view law as a social institution that should be interpreted in its social context to benefit society. Law is studied as a means of social control and problem-solving.
Introduction to jurisprudence
This document provides an introduction to the subject of jurisprudence. It defines jurisprudence as the study of general theoretical questions about the nature of law and legal systems. It discusses what jurisprudence is, who should study it, and why it is important to study. Specifically, it notes that jurisprudence involves examining questions about the relationship between law, morality, and justice. Studying jurisprudence helps students better understand law, its underlying ideas and impacts. The document also outlines different philosophical perspectives in jurisprudence like naturalism and positivism. It emphasizes that jurisprudence considers abstract and theoretical legal questions in various contexts.
Legal ethics.pptx
Legal ethics govern the conduct of legal professionals. They aim to uphold the honor and dignity of the profession to promote justice. In ancient Greece and Rome, advocacy existed but there were no formal ethical standards. In the US and India, written ethical codes were established for advocates in the early 20th century and post-independence, respectively. Legal ethics apply specifically to lawyers and violations result in discipline. They seek to ensure fair and honest treatment of clients, opponents, and the court through obligations like avoiding conflicts of interest and maintaining confidentiality. This upholds the justice system and prevents a breakdown in society.
Classification and definition of law
This document discusses different schools of legal thought and their classification. It covers the natural law school, historical school, sociological school, positivist/analytical school, and realist school. For each school, it provides the main reasons for their emergence, key exponents, and their definition of law. The historical school focuses on law developing through customs. The sociological school sees law as a tool for social engineering. The positivist school treats law as commands from a sovereign. And the realist school defines law as what courts declare it to be.
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(๐๐๐ ๐๐๐) (๐๐๐ฌ๐ฌ๐จ๐ง ๐)-๐๐ซ๐๐ฅ๐ข๐ฆ๐ฌ
๐๐ข๐ฌ๐๐ฎ๐ฌ๐ฌ ๐ญ๐ก๐ ๐๐๐ ๐๐ฎ๐ซ๐ซ๐ข๐๐ฎ๐ฅ๐ฎ๐ฆ ๐ข๐ง ๐ญ๐ก๐ ๐๐ก๐ข๐ฅ๐ข๐ฉ๐ฉ๐ข๐ง๐๐ฌ:
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๐๐๐๐๐๐๐๐๐๐
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ูุน ุงูู
ุณุชููุงุช
2- ุชุญุชูู ุนูู 78 ุฑุณู
ุชูุถูุญู ููู ููู
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ุชูุถูุญูุง ุจุดูู ุชูุตููู ุฌุฏุงู (ุชูุนุชุจุฑ ูุฏู ุงูุทุงูุจ ุฃู ุงูุทุงูุจุฉ ุจุฅููุง ู
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5- ุงูู
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ุฉ ุชุดุฑุญ ููุณูุง ุจ ููุณูุง ุจุณ ุชููู ุชุนุงู ุงูุฑุงูู
6- ุชุญุชูู ุงูู
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ู ุฌู
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jurisprudence (1).Social Engineering Theory
- 1. WELCOME
- 2. BHARTI VIDYAPEETHโS YASHWANTRAO CHVAN LAW COLLEGE, KARAD Name :- Ujjwal Deepak Dhumal Class :- Pre Law IV Semester :-VII Roll No. :- 5404 Subjest :- Jurisprudence Name ofTopic :- Analysis of Social EngineeringTheory SubjectTeacher :- Prof. Dr. M. S. Khairnar Sir Date of Submission :- 09, December 2022
- 4. Analytical School Historical School Sociological School American Realism
- 5. DEFINITIONS OF JURISPRUDENCE According to Laski, Jurisprudence is eye of Law. According to Ulpain ,Jurisprudence is Science of Just and Unjust. According to Julius Stone, it is lawyers extra version. According to Salmond, it is the first principle of Civil Law. According to Austin, it is science of philosophy of Positive Law. According to Holland, the formal science of Positive Law.
- 6. Reason for the emergence of Sociological School ๏ง Laissez-faire :- policy of minimum governmental interference in the economic affairs of individuals and society. ๏ง Due to Laissez-faire all people started giving importance to individual interest and ignored the general interest. ๏ง The Sociological School came out as a reaction against the laissez-faire, because Sociological School advocates the balance between the welfare of the state and individual interest.
- 7. Introduction to Theory:- โขRoscoe Pound gives the theory of Social Engineering โขWhere he compared lawyers with the engineers โขEngineers are required to use their engineering skills to manufacture new products โขSimilarly, social engineers are required to build that type of structure in the society which provides maximum happiness and minimum friction.
- 8. Important points :- โขHe compared Engineers with Lawyers. โขEngineers are used to use their engineering skills to manufacture new product, similarly social engineers means advocates, lawyers are required to build that type of structure in society which provides maximum happiness and minimum friction. โขHe basically focused on Social Engineering โขLegislatures should make laws to maintain balance in interest of society. โขAs our Constitution gives Freedom of Speech in Article 19, but there are also restrictions to maintain balance.(He should not defame others) โขHe was balancing Interest. (Which is explained inTheory of Interest)
- 9. CRITICISM โขPoundโs theory of Social Engineering has been criticized for its use of term engineering, which equates society to a factory like a mechanism. โขLaw is a Social process rather than the result of applied organism. โขAnother criticism against pound is that he ignored ideals of guidance. โขCriticism for whole Sociological School is โ It undermines individual interest