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.
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.
It gives a brief outline of the Subject of Jurisprudence including Syllabus, Bibliography, Lecture Plan etc. It also contains some 47 Model Questions from all chapters of the syllabus. Hope it may be helpful for students.
It is a power point presentation on Natural law theory of Jurisprudence which is very important to learn by a person who wants to understand law. This theory is basis for fundamental rights given in part of Indian constitution so it is very important to understand and imply it in our legal system.
Under the School of law in Jurisprudence the concept of Natural school of law is an initial phase for the development of other school of law. In this power point the concept of natural school of law from its origin to the modern days is presented.
It gives a brief outline of the Subject of Jurisprudence including Syllabus, Bibliography, Lecture Plan etc. It also contains some 47 Model Questions from all chapters of the syllabus. Hope it may be helpful for students.
It is a power point presentation on Natural law theory of Jurisprudence which is very important to learn by a person who wants to understand law. This theory is basis for fundamental rights given in part of Indian constitution so it is very important to understand and imply it in our legal system.
Under the School of law in Jurisprudence the concept of Natural school of law is an initial phase for the development of other school of law. In this power point the concept of natural school of law from its origin to the modern days is presented.
In legal theory and in ancient Hindu, Greek and Roman Law natural law has a primordial place. Indeed Natural Law theory has a history, reaching back centuries and the vigour with which it flourishes notwithstanding periodic eclipse, especially in the nineteenth century, is a tribute to its importance. There is no theory; many versions have evolved throughout this enormous span of time. No other firmament of legal and political theory is so bejewelled with stars as that of natural law, which scintillates with contributions from all ages.
Course teached by Joxerramon Bengoetxea and Heike Jung at the International Master's in Sociology of Law (2011-2012). International Institute for the Sociology of Law - Instituto Internacional de SociologĆa JurĆdica, OƱati.
The purpose of this course is to introduce basic notions about law, legal thinking, the legal order and its sources, the legal professions and legal cultures. Some of the major debates in Comparative law will be dealt with - comparability, adaptation, transplants, influences, convergence, transitions. At the end of the intensive, one-week course each student should be able to make a presentation about their own legal culture
1. Introduction to Legal Cultures
Try to indentify what experiences you've had with the law, with the courts, and lawyers
The concept of law. The idea of a legal culture. Tradition, culture, family. Major Legal families in the World. Comparative Law, PLuralism and Anthropology.
Basque Legal Culture
2. Understanding a Foreign Legal Culture
Experiences: think of how difficult it seems to understand other legal cultures and other laws
3. Elements of a Legal Culture
Which would you say are the main elements of your legal culture and to what extent do they depend on or do they transcend the existing laws?
4. Social Systems of Order and Regulation
How is order maintained in society and what influence does this have on the dominant legal culture?
5. Varieties of Legal Cultures
Presentation and Discussion of our own Legal Cultures; each student will apply the notions discussed in the course to introduce the specific features of their own culture.
Nature of Legal Doctrine: Empirical Discipline Preeti Sikder
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Learning Outcome: After completion of this lesson students will be able to -
a) understand the multiple initiatives taken to establish law as a empirical discipline;
b) analyse the possible scope of empirical research within law
Law according to the john austin vaibhav goyalVaibhav Goyal
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John Austin is considered as the āFather of English Jurisprudenceā. He is the founder of the Analytical school. He was greatly influenced by the scientific treatment of the Roman law and, therefore, he started scientific arrangement of the English law too. He applied the English method and avoided the metaphysical method which was prevalent in Germany and had German characteristics. Like Bentham, Austin believed that ālawā is only an aggregate of individual laws. In his view, all laws are rules the majority of which regulate behaviour. These are either directives or those imposed by general opinion. A directive, whether general or particular, is the expression or intimation of your wish āthat another shall do or forbear, issued in the form of a commandā. Accordingly, a law in its most comprehensive signification is ārule laid down for the guidance of an intelligent being by an intelligent being having power over himā.
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Instructions for Submissions thorugh G- Classroom.pptxJheel Barad
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This presentation provides a briefing on how to upload submissions and documents in Google Classroom. It was prepared as part of an orientation for new Sainik School in-service teacher trainees. As a training officer, my goal is to ensure that you are comfortable and proficient with this essential tool for managing assignments and fostering student engagement.
Honest Reviews of Tim Han LMA Course Program.pptxtimhan337
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Personal development courses are widely available today, with each one promising life-changing outcomes. Tim Hanās Life Mastery Achievers (LMA) Course has drawn a lot of interest. In addition to offering my frank assessment of Success Insiderās LMA Course, this piece examines the courseās effects via a variety of Tim Han LMA course reviews and Success Insider comments.
Biological screening of herbal drugs: Introduction and Need for
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Natural Products, In vitro evaluation techniques for Antioxidants, Antimicrobial and Anticancer drugs. In vivo evaluation techniques
for Anti-inflammatory, Antiulcer, Anticancer, Wound healing, Antidiabetic, Hepatoprotective, Cardio protective, Diuretics and
Antifertility, Toxicity studies as per OECD guidelines
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
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Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
How to Make a Field invisible in Odoo 17Celine George
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It is possible to hide or invisible some fields in odoo. Commonly using āinvisibleā attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdfTechSoup
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In this webinar you will learn how your organization can access TechSoup's wide variety of product discount and donation programs. From hardware to software, we'll give you a tour of the tools available to help your nonprofit with productivity, collaboration, financial management, donor tracking, security, and more.
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
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Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
Macroeconomics- Movie Location
This will be used as part of your Personal Professional Portfolio once graded.
Objective:
Prepare a presentation or a paper using research, basic comparative analysis, data organization and application of economic information. You will make an informed assessment of an economic climate outside of the United States to accomplish an entertainment industry objective.
Palestine last event orientationfvgnh .pptxRaedMohamed3
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An EFL lesson about the current events in Palestine. It is intended to be for intermediate students who wish to increase their listening skills through a short lesson in power point.
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
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Home assignment II on Spectroscopy 2024 Answers.pdf
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Jurisprudence - What is law
1. Part B
Question 1
The question that has received the most substantive attention from philosophers is ā what is
law? Several schools of thought have provided rival answers to this question.
Firstly, the school of natural law. Natural law theory asserts that there are laws that are
immanent in nature, to which enacted laws should correspond as closely as possible. This view is
frequently summarized by the maxim: an unjust law is not a true law, in which 'unjust' is defined as
contrary to natural law.
Stoicism provided the most complete classical formulation of natural law. The Stoicsargued
that the universe is governed by reason, or rational principle; they further argued that all humans
have reason within them and can therefore know and obey its law. Because human beings have the
faculty of choice (a free will), they will not necessarily obey the law; if they act in accordance with
reason, however, they will be "following nature."
For Thomas Aquinas, natural law is that part of the eternal law of God ("the reason of divine
wisdom") which is knowable by human beings by means of their powers of reason. Human or
positive law is the application of natural law to particular social circumstances. Like the Stoics,
Aquinas believed that a positive law that violates natural law is not true law. This view is frequently
summarized by the maxim: an unjust law is not a true law, in which 'unjust' is defined as contrary to
natural law.For example, in the case of Che Omar CheSoh v Pp,pertaining the issue of the supremacy
of Federal Constitution over religious matter which can only be applied in specified matters listed in
the 9th
Schedule. This case manifest the contradicting jurisdiction between natural law (Godās law)
and the human made-law (Federal Constitution) where in this case, human made law prevails. I did
not agree with the decision of the court in this case since it shows that when there are conflicting
issues between the law of God which is revealed through religious practices by the believers, it is
confined within what is stated in the constitution ā the human made law. Like what Antigone had
stated in his document, over and above the written law, there were some which were unwritten, no
one knew when they were enacted but it lives eternally ā none of today or yesterday it is, but live
eternal. None can date its birth. The excerpt from Antigoneās document of natural law strongly
proposed that above every human made-law, there is the law of God.
Secondly, the school of legal positivism. Legal positivism is the view that the law is defined
by the social rules or practices that identify certain norms as laws. Historically, the most important
legal positivist theory was developed by Jeremy Bentham, whose views were popularized by his
2. student, John Austin. Austin's version of legal positivism was based on the notion that the law is the
command of the sovereign backed by the threat of punishment. This continued with the concept of
law brought up by H.L.A. Hart.
Jeremy Bentham figured that laws should be socially useful and not merely reflect the status
quo; and, that while he believed that men inevitably pursue pleasure and avoid pain, Bentham
thought it to be a "sacred truth" that "the greatest happiness of the greatest number is the
foundation of morals and legislation." Bentham supposed that the whole of morality could be
derived from "enlightened self-interest," and that a person who always acted with a view to his own
maximum satisfaction in the long run would always act rightly. For example ISA for some quarters
might seem as a unjust law (naturalist) but to Jeremy Bentham perhaps, ISA is actually socially useful
as a means of controlling certain subversive movement as well as ensuring the security of the
country and not for the government to abuse ISA to ensuring their status quo of power by
suppressing any legitimate movement in exercising their individual rights. For example, in the case of
Mark Koding v Pp pertaining the issue of a member of parliament who wanted Article 152 to be
abolished. The scenario of law cases has constantly in favour of him since the national language is a
sensitive issue and shall not be questioned by everyone. However, the point that the people
forgotten is the human right given to each citizen ā freedom of speech and expression. But I agree
with the decision of this case and I uphold the theory of legal positivism that the law should be used
to stop sensitive issues from being questioned and thus, causing hatred and chaos among the
people. But, to restrict freedom of expression of the people, it shall not be used as a shield for the
government to stop any legitimate movement from exercising their right.
John Austin figured that law is a command of a political sovereign and is enforceable by
sanction. He mentioned three features of law. It is a type of command. It is laid down by a political
sovereign. It is enforceable by sanction. When any Bill is passed by the parliament it becomes an Act,
which, then, functions as a full-fledged law. The Act is law because it is the command of the
parliament (sovereign) It is law because it is properly passed (laid down) by the parliament.
Violations of the rules of the Act are met with penalties (sanction). For example ISA which some
quarters might see as a unjust law (naturalist) but from John Austinās ISA is a valid law as it is a
command of the government (parliament) to be followed and if not will entitle a person to be
punished (sanction).
Thirdly is the school or legal realism. Legal realism is the view that the law should be
understood as it is practiced in the courts, law offices, and police stations, rather than as it is set
forth in statutes or learned treatises. It has become quite common today to identify Justice Oliver
3. Wendell Holmes, Jr., as the main precursor of American Legal Realism. Realist possesses a belief that
the law in the books (statutes, cases, etc.) did not determine the results of legal disputes. Jerome
Frank is famously credited with the idea that a judicial decision might be determined by what the
judge had for breakfast. They believed in legal instrumentalism, the view that the law should be used
as a tool to achieve social purposes and to balance competing societal interests.
Fourthly is the school of Utilitarianism. Utilitarianism is the idea that the moral worth of an
action is determined solely by its contribution to overall utility. Utilitarianism is described by the
phrase "the greatest good for the greatest number of people". Therefore, it is also known as "the
greatest happiness principle". The origins of utilitarianism are often traced as far back as the Greek
philosopher Epicurus, but, as a specific school of thought, it is generally credited to Jeremy Bentham.
Bentham found pain and pleasure to be the only intrinsic values in the world: "nature has placed
mankind under the governance of two sovereign masters, pain and pleasure." From this, he derived
the rule of utility: the good is whatever brings the greatest happiness to the greatest number of
people. For example in the case of EngKeock Cheng v Pp, delegated legislation may to certain extent,
under the authority of emergency, violates human right. I agree with the decision of the court in this
case since the purpose of restricting human right during the emergency, for example the right to
movement, is to ensure the whole of the society to be in a secured situation until the emergency
ceased. This is in line with the principle of āgreatest happinessā in the sense that the government is
trying to protect majority of the people by denying certain right, only for the benefit of the nation
and at the end, it is the people who enjoy āthe greatest happinessā ā which would be in the form of
security.
Lastly, Legalinterpretivism is the view that law is not a set of data or of facts, but what
lawyers aim to construct or obtain in their morality laden practice. The debate in recent years
concerns interpretivism, a view that is strongly associated with Ronald Dworkin. An interpretivist
theory of law holds that legal rights and duties are determined by the best interpretation of the
political practices of a particular community. Interpretation, according to Dworkin's law as integrity
theory, has two dimensions. To count as an interpretation, the reading of a text must meet the
criterion of fit. But of those interpretations that fit, Dworkin maintains that the correct
interpretation is the one that puts the political practices of the community in their best light, or
makes of them the best that they can be.