John Austin is considered as the “Father of English Jurisprudence”. 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 “law” 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 “that another shall do or forbear, issued in the form of a command”. Accordingly, a law in its most comprehensive signification is “rule laid down for the guidance of an intelligent being by an intelligent being having power over him”.
The term estoppel is said to have been derived from the French term 'estoup' which means 'shut the mouth'.
The doctrine of estoppel is a rule of evidence contained in Section 115 of the Evidence Act.
The term estoppel is said to have been derived from the French term 'estoup' which means 'shut the mouth'.
The doctrine of estoppel is a rule of evidence contained in Section 115 of the Evidence Act.
The slides relate to Part - III of the Indian Constitution i.e. FUNDAMENTAL RIGHTS. It elaborates on the violation of fundamental rights under the constitution. Useful for Law students and Professionals.
After World war II, towards the end of the 19th century, the 'natural law' theories were revived due to many reasons, which are discussed in the following slides.
this presentation includes the meaning and definition of jurisprudence .
this presentation is in powerpoint form
if you want more presentation then you can contact me on
lulzsecbivek@gmai.com
With current new amendments and law adding on in the Indian Judiciary, its important to know and be well aware of the statutes. You can consider this subject as 'Grammar of Law'. Teaches you exactly are the statutes made by the Legislative authorities as well. From use of particular language to construction of words this presentation almost includes all the part of how a statute is made, how they are learned and how exactly are the legal maxims used.
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The slides relate to Part - III of the Indian Constitution i.e. FUNDAMENTAL RIGHTS. It elaborates on the violation of fundamental rights under the constitution. Useful for Law students and Professionals.
After World war II, towards the end of the 19th century, the 'natural law' theories were revived due to many reasons, which are discussed in the following slides.
this presentation includes the meaning and definition of jurisprudence .
this presentation is in powerpoint form
if you want more presentation then you can contact me on
lulzsecbivek@gmai.com
With current new amendments and law adding on in the Indian Judiciary, its important to know and be well aware of the statutes. You can consider this subject as 'Grammar of Law'. Teaches you exactly are the statutes made by the Legislative authorities as well. From use of particular language to construction of words this presentation almost includes all the part of how a statute is made, how they are learned and how exactly are the legal maxims used.
LLB LAW NOTES ON CONSTITUTIONAL LAW OF INDIA
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
Sale of immovable property vaibhav goyalVaibhav Goyal
Sale of immovable property has been defined as a transfer of ownership in exchange for a price paid or promised or partly paid and partly promised by the Transfer of Property Act.
Mortgage is French term which means ‘death contract’. The term death contract means that the pledge (promise, bailment, and guarantee) ends only when the loan is repaid, the obligation is fulfilled or when the borrower takes over and/or sells the collateral, the mortgaged property by way of foreclosure. According to the Bouvier’s Law Dictionary (8th) Edition, “Mortgage” is a conditional conveyance of land designed as a security for the payment of money, the fulfilment of some contract, or the performance of some act, and to be void upon such payment, fulfilment or performance. Mortgage works as a security of the loan amount. It is way to secure profit for the bank and/ financial institutions and it is the way of getting loans for the common people, builder and/or company, firm etc.
Legal rights of animals edited by vaibhav goyalVaibhav Goyal
“So far as legal theory is concerned, a person is any being whom the law regards as capable of rights or duties. Any being that is so capable is a person, whether a human being or not, and no being that is not so capable is a person, even though he be a man. Persons are the substances of which rights and duties are the attributes. It is only in this respect that persons possess juridical significance, and this is the exclusive point of view from which personality receives legal recognition.”
Contrary to the above stated proposition, the duty of humanity so enforced is not conceived by the law as a duty towards beasts, but merely as a duty in respect of them. There is no bond of ‘Litigation’ between mankind and them. The only interest between the two are the ‘Tight 'which the law recognises in such, a case is the interest and right of society as a -whole in the welfare of the animals belonging to it.
Legal rights (nature, characteristics and kinds)Vaibhav Goyal
In the case of State of Rajasthan vs. Union of India (1977), the Supreme Court defined legal right as, “In a strict sense, legal rights are correlatives of legal duties and are defined as interests which the law protects by imposing corresponding duties on others. But in a generic sense, the word “right” is used to mean an immunity from the legal power of another, immunity is exemption from the power of another in the same way as liberty is exemption from the right of another. Immunity, in short, is no subjection.”
Judicial review of orders by president and governor vaibhav goyalVaibhav Goyal
Encyclopaedia defines “Judicial Review” as the power of the courts of a country to examine the actions of the legislative, executive, and administrative arms of the government and to determine whether such actions are consistent with the constitution. Actions judged inconsistent are declared unconstitutional and, therefore, null and void. Constitutional judicial review is usually considered to have begun with the assertion by John Marshall, fourth chief justice of the United States (1801–35), in Marbury v. Madison (1803) that the Supreme Court of the United States had the power to invalidate legislation enacted by Congress. Constitution of India itself provides some discretionary powers to the Governors. Sometime Governors’ do not exercise their discretionary powers judiciously. Here the role of the judiciary starts and many times judiciary has provided valuable guidelines for the Governors.
Fraudulent transfer of property (sec. 53 of tpa, 1882)Vaibhav Goyal
Section 53 of the Transfer of the Property Act, 1882 deals with the requirement of the fraudulent transfer of the Property in the Union of India. The present provision was substituted by Act 20 of 1929, Section 15.
The law of crimes as old as the civilisation itself. The crime and the criminal in every society is looked with great hatred, but the study of the crimes and discovering the causes of crimes have remain the greatest attraction among the jurists of the jurisprudence. There always lies necessity of devising some ways and methods to curb such criminal tendencies among the section of the people living in the civilised society. The problem arises as to what acts should be forbidden, or what acts should be selected for punishment by the society or the State. The concept of the crime has been always been dependent on the public opinion.
Conduct of arbitral proceeding vaibhav goyalVaibhav Goyal
Arbitration and conciliation have been the preferred system of resolution of disputes in India from times immemorial. Sir Henry Maine observes that, “In those parts of India, in which village community was most perfect, the authority, exercised elsewhere by the headman, was lodged with what was called the village council or the panchayat.” The prevalent system of arbitration in India made Chief Justice Marten compelled to state in the case of Chanbasappa Gurushantappa vs. Baslinagayya Gokurnaya Hiremath (1927) that “It is indeed a striking feature of ordinary Indian life. And I would go further and say that it prevails in all ranks of life to a much greater extent than is the case in England. To refer matters to a Panch is one of the natural ways of deciding many a dispute in India.” The Orissa High Court in the case of State of Orissa vs. Gangaram Chhapolia (1982), traced the sequence of the formal codification of law on arbitration starting from Bengal Regulations of 1772 and 1780 to Bengal Regulation IX of 1883 which authorised Settlement Officers to refer disputes to arbitration. The Britishers introduced various acts dealing with the law on Arbitration including the Act IX of 1840, the Specific Relief Act of 1878, the Code of Civil Procedure of 1908, the Indian Arbitration Act of 1940 and The Arbitration and Conciliation Act, 1996.
Conduct of arbitral proceeding part 2 vaibhav goyalVaibhav Goyal
Within the period of time agreed upon by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his claim, the points at issue and the relief or remedy sought, and the respondent shall state his defence in respect of these particulars, unless the parties have otherwise agreed as to the required elements of those statements.
Implications of science and technology on law and society (Vaibhav Goyal)Vaibhav Goyal
Extolling the virtues of technology though is not very difficult yet its baneful effect on the legal norms has been unfortunate. Technology demands more, not less, human work to function. In controlling the catastrophic problems we are exposing ourselves to even more elusive chronic ones that are even harder to address our safety demands more and more vigilance.
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ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
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.
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1. LAW ACCORDINGTO JOHN AUSTIN
1 | P a g e
LAW ACCORDING TO JOHN AUSTIN
Even the defects of his theory have been a source of further enlightenment on subject, Hart
says-
“But the demonstration of precisely where and why he is wrong has proved to be constant
source of illumination; for his errors are often the mis-statement of truth of central
importance for the understanding of law and society”
INTRODUCTION
John Austin is considered as the “Father of English Jurisprudence”. 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 “law” 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 “that another shall do or forbear, issued
in the form of a command”. Accordingly, a law in its most comprehensive signification is “rule
laid down for the guidance of an intelligent being by an intelligent being having power over
him”.
AUSTIN’S SCHOOL OF LAW
The school founded by Austin is variously called “analytical”, “positivism”, “analytical
positivism”, etc. Jurists defined the first use of the word “positivism” by Auguste Comte to
indicate particular type of study. The word “positivism”, thus would alone be insufficient to
denote the Austin contribution. Also, the term “analysis” can’t be separated from the given
phraseology. Professor Allen thought to call Austin’s school as the “Imperative School”.
Salmond has critiqued Austin’s theory of law which completely divests law from morality and
held that law to be effective must have in it elements of ethics and justice. Lon Fueller in the
USA said that the purpose of law is to subject the human conduct to the governance of rules.
The law, therefore, can’t be devoid of morality which includes values, ideals, natural law and
notions of justice. The German legal philosopher Gustav Radbruch has asserted that a
purposive law can never be separated from justice and morality which are pre-conditions of a
good law. Dwarkin has rejected the positive conceptions of law and interpretation and observed
2. LAW ACCORDINGTO JOHN AUSTIN
2 | P a g e
instead that, rights are premised upon a comprehensive set of moral precepts that make the
individual rights valuable and act as “trumps”.
DISTINCTION
Austin distinguished between what he called “laws properly so called” and “laws improperly
so called” the key to a law “properly so called” lies in the obligation. An obligation exists
when another has the power and purpose of inflicting an evil on any actor, who fails to conform
to the desired conduct. Laws “properly called” are subdivided by him into laws set by God,
Divine Laws, and Laws set by men to men, acting as their political superior. To every law set
by men to men, acting as their political superior. To every law set by men he applied the term
“positive law” or “law simply and strictly so called” so as to distinguish them from the laws of
God.
“Positive laws” are the subject-matter of jurisprudence. Separate from all these are laws set by
men to men neither as political superiors, nor in pursuance of rights conferred upon them by
such superiors. They are still laws “properly so called” because they are commands, but Austin
distinguished them from positive law by giving them the term “positive morality”.
Laws “improperly so called” consist in the first place of “Laws by analogy”, i.e., law set and
enforced by mere opinion, also somewhat confusingly termed as “positive morality”-
“positive” so as to distinguish them from the Laws of God, “morality” so as to distinguish them
from positive law or law strictly so called.
Another subdivision included is “laws by metaphor”, which covered expression by the
uniformities of Nature.
Major component in Austinian positive law was on “separation of law from morals”. He
distinguished the science of jurisprudence from ethics. Amos defined that a positive law, "as
Austin has shown, must be legally binding though it may be unjust.” For him, command was
the “key to the science of jurisprudence”.
COMMAND
Every directive is a command, the threat of evil is a sanction and the party commanded and
threatened is under an obligation or duty. Duty and sanction are correlative and fear of sanction
is the motive for obedience. A command may be “particular” or “general”. Particular
command is addressed to one person or group of persons whereas general commands are
3. LAW ACCORDINGTO JOHN AUSTIN
3 | P a g e
addressed to the community at large and enjoin classes of acts and forbearances. General
commands are continuing commands.
LAW
Austin divided law as “a rule laid down for the guidance of an intelligent being by an intelligent
being having power over him”. He has divided law into two parts-
1. Laws made by God- These laws include the laws of nature which are drafted by God
for the human race for the survival. They can’t be grabbed by any human organisation.
They are being with every individual from its birth till the death.
2. Laws made by Men- These laws could be divided as follows:
POSITIVE LAW OTHER LAW EXCEPTIONS
These are the laws set by
political superiors as
such, or by men not
acting as political
superiors but acting in
pursuance of legal rights
conferred by political
ones. Only, these laws
are the proper subject
matter of jurisprudence.
These are not set by political
superiors in pursuance of
legal rights. According to
Austin, the study and
analyses of positive law
alone is the subject matter of
jurisprudence and the chief
characteristics of positive
law are command, duty and
sanction.
Austin defines some exceptions to
the category of the other laws
which include as follows:
1. Declaratory Laws- These
are not commands because
they are already in
existence and are passed
only to explain the law
which is already in force.
2. Law of Repeal- These are
not commands but in fact
they are the revocation of a
command.
3. Laws of Imperfect
Obligation- These are not
treated as commands
because there is not
sanction behind them.
CRITICISM
Many jurists had criticised the theory on the basis of following points:
4. LAW ACCORDINGTO JOHN AUSTIN
4 | P a g e
1. Sanction- According to him, the sanction alone induces man to obey law which is not
correct.
2. Artificial Concept- Austin view makes explanation of law artificial in real life.
3. Relation of law- Austin doesn’t consider the relation of law with morals which makes
it an arbitrary command of sovereign.
4. Sources- Sources of law such as judge made laws, conventions, international law,
customs, etc. are not taken into consideration in definition of law by Austin, but in
reality it plays a very important role for the definition of law.
5. Law conferring privileges- It is also exclude by Austin, but in reality, it plays important
role for the immunities granted to many of the sovereigns.
6. Rules by private persons- The consideration hasn’t been taken by Austin, but to
maintain a general code of conduct, it should be included within the purview.
REFERENCES
1. Avtar Singh, Introduction to Jurisprudence, Lexis Nexis, 2016.
2. G.W. Paton, A Text Book of Jurisprudence, Oxford University Press,2004
3. Friedman, Legal Theory, Columbia University Press, Columbia,1967
AUTHOR DETAILS
Vaibhav Goyal is a 3RD Year student of Panjab University and is pursuing BA.LLB (H).