Definition of Law:
Law is defined as Rules of Human action. Blackstone defines law as “ It is a rule of action whether it be animate or inanimate or of nations. Thus law of motion are as much law of nature or of nations. Other jurists however restrict the meaning and scope of law only to norms necessary for regulation of human conduct. Salmond defines law as the “body of principles recognized and applied by the state in the administration of justice. Austin defines Law is the aggregate of rules set men as politically superior or sovereign to men as politically subject. Duguit defines Law as essentially and exclusively as social fact. Roscoe Pound defines law as a social institution to satisfy social wants. Another great sociological jurist is Ehrlich. He includes in his definition all the norms which govern social life within a given society.
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.
Basics of Natural school of Jurisprudenceanjalidixit21
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.
Matrimonial Remedies Under Hindu Marriage Act,1955Rashmi Dubey
This document discusses the Hindu Marriage Act of 1955 and the matrimonial remedies it provides. It focuses on the remedy of restitution of conjugal rights under Section 9 of the Act. This allows an aggrieved spouse to petition the court if the other spouse withdraws from their society without reasonable excuse. The document discusses what constitutes a valid withdrawal, reasonable excuses, cases related to employment interfering with marital obligations, and that reasons must be weighed based on circumstances in modern times.
The document summarizes the key concepts of the historical school of jurisprudence. It discusses that historical jurists like Montesquieu, Savigny, and Maine believed that law develops organically over time based on the customs and traditions of the people, rather than being created through legislation or judicial decisions. Savigny's concept of "Volksgeist" described law as emerging from the shared spirit or values of the national community. The historical school rejected theories of natural law and viewed law as continually evolving according to the changing needs and norms of society.
Rule of Law is important topic for all entrance examination. Here we comparison of Rule of Law in India with U.S.A & England. It is very useful all law students.
This document discusses the concept of judicial activism in India. It defines judicial review and how it allows courts to invalidate legislative and executive actions. It then explains how judicial activism expanded judicial review in India through public interest litigation, which aims to help disadvantaged groups access justice. The document traces the origins of the term "judicial activism" and provides definitions. It outlines areas where Indian courts have been active, such as health, education, and the environment. In conclusion, it states that judicial activism is not defined in statute but gained importance in India through public interest litigation.
Transfer of property” defined.— (Sec 5)
In the following sections “transfer of property” means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more other living persons; and “to transfer property” is to perform such act.In this section “living person” includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.
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.
Basics of Natural school of Jurisprudenceanjalidixit21
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.
Matrimonial Remedies Under Hindu Marriage Act,1955Rashmi Dubey
This document discusses the Hindu Marriage Act of 1955 and the matrimonial remedies it provides. It focuses on the remedy of restitution of conjugal rights under Section 9 of the Act. This allows an aggrieved spouse to petition the court if the other spouse withdraws from their society without reasonable excuse. The document discusses what constitutes a valid withdrawal, reasonable excuses, cases related to employment interfering with marital obligations, and that reasons must be weighed based on circumstances in modern times.
The document summarizes the key concepts of the historical school of jurisprudence. It discusses that historical jurists like Montesquieu, Savigny, and Maine believed that law develops organically over time based on the customs and traditions of the people, rather than being created through legislation or judicial decisions. Savigny's concept of "Volksgeist" described law as emerging from the shared spirit or values of the national community. The historical school rejected theories of natural law and viewed law as continually evolving according to the changing needs and norms of society.
Rule of Law is important topic for all entrance examination. Here we comparison of Rule of Law in India with U.S.A & England. It is very useful all law students.
This document discusses the concept of judicial activism in India. It defines judicial review and how it allows courts to invalidate legislative and executive actions. It then explains how judicial activism expanded judicial review in India through public interest litigation, which aims to help disadvantaged groups access justice. The document traces the origins of the term "judicial activism" and provides definitions. It outlines areas where Indian courts have been active, such as health, education, and the environment. In conclusion, it states that judicial activism is not defined in statute but gained importance in India through public interest litigation.
Transfer of property” defined.— (Sec 5)
In the following sections “transfer of property” means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, or to himself and one or more other living persons; and “to transfer property” is to perform such act.In this section “living person” includes a company or association or body of individuals, whether incorporated or not, but nothing herein contained shall affect any law for the time being in force relating to transfer of property to or by companies, associations or bodies of individuals.
The document discusses several jurisprudential schools of thought including the imperative school, historical school, sociological school, and analytical school. It focuses on the analytical school, noting its main exponents were Bentham, Austin, Holland, Gray, Salmond, and Kelson. The analytical school reacted against natural law theory and was influenced by scientific methods. It viewed law in a positivist manner as commands by a sovereign backed by sanctions. John Austin is discussed as developing this theory in more detail, defining law as a command by a sovereign and distinguishing general and particular commands.
A person refers to a human being or legal entity that has rights and responsibilities. Animals, dead persons, unborn persons, idols, and companies can have some legal personality or rights depending on the situation. Animals are not considered legal persons but laws protect them from cruelty. A dead person's body and reputation retain some legal protections, though their rights end upon death. An unborn child can have legal rights and inherit property if born alive. Idols and religious structures like mosques and gurdwaras are considered juristic persons that can own property. Incorporated companies are also juristic persons under law, separate from their members.
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.
General Exception under Indian Penal Code Law Laboratory
Detailed Presentation on General Exception under Indian Penal Code, 1860. (Section 76-106)
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
The document discusses the various sources of law in India, including custom, precedent, and legislation. It outlines the requisites for a valid custom, including antiquity, continuity, reasonableness, certainty, consistency, peaceful enjoyment, conformity with statute law, and not being opposed to public morality. It also describes different types of precedents such as original, declaratory, authoritative, and persuasive precedents. Finally, it provides a brief overview of legislation, defining it as laws made by a legislative body and classifying legislation as either supreme or subordinate.
The document provides an overview of criminal law in India, including definitions of crime, purposes of criminal law, and the history and development of the Indian Penal Code. It discusses how crime is defined by various legal scholars and how criminal law differs from civil law. It also summarizes the major legal systems - common law and civil law - that influenced criminal law in India. Lastly, it examines different theories of punishment in criminal law.
This document provides an overview of delegated legislation in India. It defines delegated legislation as the exercise of legislative power by an agent who is lower in rank or subordinate to the legislative body. The document discusses the history and types of delegated legislation under the Indian constitution. It outlines cases that illustrate judicial control over delegated legislation and analyzes the effectiveness of parliamentary control. The document also discusses advantages and criticisms of the practice of delegated legislation in India.
The document provides information on various legal concepts related to interpretation of statutes. It defines key terms like statute, interpretation, construction and ordinance. It also explains the difference between interpretation and construction. Furthermore, it outlines different rules of interpretation like literal rule, mischief rule, ejusdem generis rule etc. Finally, it discusses various aids that can be used for interpretation like long title, preamble, definitions, marginal notes etc.
This document discusses who can sue or be sued under Indian law. It explains that generally, every person is competent to be a plaintiff or defendant in a lawsuit. However, some categories of people have legal disabilities that prevent them from suing or being sued, such as convicts, alien enemies, married women, corporations, unincorporated associations, infants, and insolvents. The document provides details on the limitations for each of these groups and notes how some of these limitations have changed over time, such as married women gaining the ability to sue independently. It also discusses who can be defendants, including that sovereigns, foreign sovereigns, ambassadors, and some public officials have immunity from lawsuits in certain situations.
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.
Definitions of Jurisprudence. Scope & Relationship with other social sciencescarolineelias239
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.
Law as an instrument of social change | Law and Social TransformationNishkaPrajapati
1. Critically and analytically explain the, “Law as an instrument of social change.”
2. Law as the product of traditions and culture.
3. Criticism and evaluation of law in the light of colonization.
4. The Introduction of common law system and institutions in India and its impact on further development of law and legal institutions in India.
Jurisprudence its meaning, nature and scopeanjalidixit21
This document discusses the meaning, nature, and scope of jurisprudence. It defines jurisprudence as the knowledge of law and explains that it is the study of the sources, validity, objectives, functions, and effects of fundamental legal principles. Several jurists are cited defining jurisprudence as the observation of divine and human things, the philosophy of positive law, the science of the first principles of law, and the scientific study of the union of legal rules. The document also outlines different types of jurisprudence according to various jurists and lists several influential books written on the topic.
This document discusses culpable homicide and murder under Indian law. It begins by noting that murder accounts for 59% of convictions under the Indian Penal Code. It then examines the origins and meanings of homicide and murder from Latin and Old French roots. The key differences between culpable homicide and murder are outlined, with murder requiring intent to cause death or knowledge that an act could likely cause death, while culpable homicide has a broader scope. Punishments are also specified under sections 302 and 304 of the Indian Penal Code. Case examples are provided to help distinguish between the two offenses.
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 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.
The Principle of Rule of Law and Islamic Jurisprudence Qasdina Hj Bakar
This paper discusses about the basic truth or theory of ‘Rule of Law’ and ‘Islamic Jurisprudence’. And how both of the terminologies are different from each other. As discussions among theorists are riven by disagreements over what it means, its elements or requirements, its benefits or limitations, whether it is a universal good, and other complex questions.
The rule of law entails government accountability, equal access to justice and the political process, efficient judicial and political systems, clear laws, generally stable laws, and the protection of fundamental human rights. By the end of the paper, it explores whether Islamic law conforms to these principles in theory and in practice. Three conclusions are reached. First, various early Islamic institutions were meant, in some respect, to serve one or more of these principles. Second, the institutions in question lost effectiveness over time. Finally, the relevant Islamic institutions are now generally out of date.
Nature and scope of Jurisprudence
Austin- He said that “Science of Jurisprudence is concerned with Positive Laws that is laws strictly so called. It has nothing to do with the goodness or badness of law. This has two aspects attached to it:
1. General Jurisprudence- It includes such subjects or ends of law as are common to all system.
The document discusses several jurisprudential schools of thought including the imperative school, historical school, sociological school, and analytical school. It focuses on the analytical school, noting its main exponents were Bentham, Austin, Holland, Gray, Salmond, and Kelson. The analytical school reacted against natural law theory and was influenced by scientific methods. It viewed law in a positivist manner as commands by a sovereign backed by sanctions. John Austin is discussed as developing this theory in more detail, defining law as a command by a sovereign and distinguishing general and particular commands.
A person refers to a human being or legal entity that has rights and responsibilities. Animals, dead persons, unborn persons, idols, and companies can have some legal personality or rights depending on the situation. Animals are not considered legal persons but laws protect them from cruelty. A dead person's body and reputation retain some legal protections, though their rights end upon death. An unborn child can have legal rights and inherit property if born alive. Idols and religious structures like mosques and gurdwaras are considered juristic persons that can own property. Incorporated companies are also juristic persons under law, separate from their members.
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.
General Exception under Indian Penal Code Law Laboratory
Detailed Presentation on General Exception under Indian Penal Code, 1860. (Section 76-106)
Made By:
Edited By: Ayush Patria, Sangam University, Bhilwara
Follow us on Instagram: @law_laboratory
Website: www.lawlaboratory.in
The document discusses the various sources of law in India, including custom, precedent, and legislation. It outlines the requisites for a valid custom, including antiquity, continuity, reasonableness, certainty, consistency, peaceful enjoyment, conformity with statute law, and not being opposed to public morality. It also describes different types of precedents such as original, declaratory, authoritative, and persuasive precedents. Finally, it provides a brief overview of legislation, defining it as laws made by a legislative body and classifying legislation as either supreme or subordinate.
The document provides an overview of criminal law in India, including definitions of crime, purposes of criminal law, and the history and development of the Indian Penal Code. It discusses how crime is defined by various legal scholars and how criminal law differs from civil law. It also summarizes the major legal systems - common law and civil law - that influenced criminal law in India. Lastly, it examines different theories of punishment in criminal law.
This document provides an overview of delegated legislation in India. It defines delegated legislation as the exercise of legislative power by an agent who is lower in rank or subordinate to the legislative body. The document discusses the history and types of delegated legislation under the Indian constitution. It outlines cases that illustrate judicial control over delegated legislation and analyzes the effectiveness of parliamentary control. The document also discusses advantages and criticisms of the practice of delegated legislation in India.
The document provides information on various legal concepts related to interpretation of statutes. It defines key terms like statute, interpretation, construction and ordinance. It also explains the difference between interpretation and construction. Furthermore, it outlines different rules of interpretation like literal rule, mischief rule, ejusdem generis rule etc. Finally, it discusses various aids that can be used for interpretation like long title, preamble, definitions, marginal notes etc.
This document discusses who can sue or be sued under Indian law. It explains that generally, every person is competent to be a plaintiff or defendant in a lawsuit. However, some categories of people have legal disabilities that prevent them from suing or being sued, such as convicts, alien enemies, married women, corporations, unincorporated associations, infants, and insolvents. The document provides details on the limitations for each of these groups and notes how some of these limitations have changed over time, such as married women gaining the ability to sue independently. It also discusses who can be defendants, including that sovereigns, foreign sovereigns, ambassadors, and some public officials have immunity from lawsuits in certain situations.
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.
Definitions of Jurisprudence. Scope & Relationship with other social sciencescarolineelias239
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.
Law as an instrument of social change | Law and Social TransformationNishkaPrajapati
1. Critically and analytically explain the, “Law as an instrument of social change.”
2. Law as the product of traditions and culture.
3. Criticism and evaluation of law in the light of colonization.
4. The Introduction of common law system and institutions in India and its impact on further development of law and legal institutions in India.
Jurisprudence its meaning, nature and scopeanjalidixit21
This document discusses the meaning, nature, and scope of jurisprudence. It defines jurisprudence as the knowledge of law and explains that it is the study of the sources, validity, objectives, functions, and effects of fundamental legal principles. Several jurists are cited defining jurisprudence as the observation of divine and human things, the philosophy of positive law, the science of the first principles of law, and the scientific study of the union of legal rules. The document also outlines different types of jurisprudence according to various jurists and lists several influential books written on the topic.
This document discusses culpable homicide and murder under Indian law. It begins by noting that murder accounts for 59% of convictions under the Indian Penal Code. It then examines the origins and meanings of homicide and murder from Latin and Old French roots. The key differences between culpable homicide and murder are outlined, with murder requiring intent to cause death or knowledge that an act could likely cause death, while culpable homicide has a broader scope. Punishments are also specified under sections 302 and 304 of the Indian Penal Code. Case examples are provided to help distinguish between the two offenses.
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 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.
The Principle of Rule of Law and Islamic Jurisprudence Qasdina Hj Bakar
This paper discusses about the basic truth or theory of ‘Rule of Law’ and ‘Islamic Jurisprudence’. And how both of the terminologies are different from each other. As discussions among theorists are riven by disagreements over what it means, its elements or requirements, its benefits or limitations, whether it is a universal good, and other complex questions.
The rule of law entails government accountability, equal access to justice and the political process, efficient judicial and political systems, clear laws, generally stable laws, and the protection of fundamental human rights. By the end of the paper, it explores whether Islamic law conforms to these principles in theory and in practice. Three conclusions are reached. First, various early Islamic institutions were meant, in some respect, to serve one or more of these principles. Second, the institutions in question lost effectiveness over time. Finally, the relevant Islamic institutions are now generally out of date.
Nature and scope of Jurisprudence
Austin- He said that “Science of Jurisprudence is concerned with Positive Laws that is laws strictly so called. It has nothing to do with the goodness or badness of law. This has two aspects attached to it:
1. General Jurisprudence- It includes such subjects or ends of law as are common to all system.
This document discusses different conceptions of the rule of law, including formal, substantive, and functional definitions. It analyzes each approach's advantages and disadvantages. The document also examines the rule of law in Bangladesh based on provisions in its constitution. Though the constitution contains protections, these are outweighed by negative provisions and lack of enforcement. True rule of law requires separation of powers and reform of institutions like the judiciary, law enforcement, and parliament.
This document discusses different conceptions of the rule of law, including formal, substantive, and functional definitions. It analyzes each approach's advantages and disadvantages. The document also examines the rule of law in Bangladesh based on provisions in its constitution. Though the constitution contains protections, these are outweighed by negative provisions and lack of enforcement. True rule of law requires separation of powers and reform of institutions like the judiciary, law enforcement, and parliament.
This document provides an overview of a textbook on political science concepts and theories for Class XII students. It covers key topics such as law, liberty, equality, justice, human rights, and dharma.
The document includes chapters on the definition and nature of law, the relationship between law and morality, and the different sources and types of law. It discusses perspectives on what law is, whether it is dependent on morality, and the role of coercion. The chapter on liberty explores the complex meaning of the term and how it relates to free choice without external constraints.
The textbook appears to take an in-depth look at foundational political concepts from both Western and Indian viewpoints. It examines these ideas through discussions
The document discusses the nature of law by providing definitions and perspectives from different scholars. It begins by stating that the nature of law refers to the meaning, definition, significance, and characteristics of law. It then examines definitions of law from several legal theorists and schools of thought. Austin defines law as a general command of the sovereign backed by sanction. Salmond defines it as a body of principles recognized and applied by the state in the administration of justice. Holland defines it as a general rule of external human action enforced by a sovereign political authority. The document explores these definitions and their limitations in summarizing key aspects of the nature and meaning of law.
The document discusses the rule of law and principles of natural justice in administrative law. It begins by explaining the meaning of the rule of law doctrine and its emphasis on balancing individual rights and state power. It then covers Dicey's definition of the rule of law, focusing on the supremacy of regular law over arbitrary power. Finally, it outlines the two main principles of natural justice - nemo judex in sua causa and audi alteram partem, or the rules against bias and the right to a fair hearing.
Rule of Law
•In reality it is neither a rule or law. •It is a doctrine of political morality that aims at ensuring the correct balance of rights and powers between individuals and the state Adherence to the doctrine requires more than to govern according to the law since this is not necessarily equivalent to govern under the law. •“Only in a country where the rule of law means more than formal, legal validity will subjects enjoy real protection from official tyranny and abuse” Mathews
Laws are rules established to govern relations between people in society. They must be just, obligatory, promulgated by legitimate authority, and for the common benefit. The Constitution is the fundamental law that binds the government and people. Supreme Court decisions establish jurisprudence that lower courts must follow under stare decisis. Religious freedom is protected, so students cannot be compelled to attend flag ceremonies against their beliefs.
The document discusses several key concepts related to law. It defines law as rules recognized by a community as binding. It also discusses the relationship between law and justice, noting that while laws aim to be just and fair, justice is the underlying principle that laws should be based on. The document outlines similarities and differences between law and justice, such as laws being created through a political process while justice represents broad ethical standards. It also discusses ethics and how ethics provide moral guidance while laws provide more specific rules. Finally, it briefly explains the doctrine of separation of powers between the executive, legislative, and judicial branches.
This document provides information about a law course assignment on law as an agency of social control. It includes the student's details, topic, and contents. The introduction discusses how social order requires conformity to laws and norms. There are formal agencies like laws and informal agencies like customs that control behavior. As societies progressed, customs gave way to codified laws enacted by the state. The document then discusses the meaning of law, differences between customs and laws, and how law acts as a formal system of rules to maintain order in modern complex societies. It provides examples of laws regulating activities like marriage, food, and smoking. The conclusion states that law exercises great control over behavior and is important for social control.
presentation on law as an instrument of social engineering contains- WHAT IS LAW. Why Law Is Needed In Society. SOCIAL ENGINEERING. What Would Happen If There Are No Laws. ROSCOE POUND’S THEORY. Interests . • Law As Social Engineering Theory of Balancing of Interests. Law as Purposive Functional and Need- Based. Summary
The document discusses the definition and sources of law in India. It notes that laws are rules established and enforced by government that involve mandatory rules and consequences. The main sources of law in India are discussed as religion, customs, judicial decisions, equity, and legislation. The document then provides details on the Indian legal system, including the roles of the Supreme Court, High Courts, and subordinate courts. It also discusses different types of laws such as civil, criminal, constitutional, administrative, property, contract, family, employment, tort, tax, and international law.
Argument in Speluncean Explorers case
Functions of Law
Law and Morality (Hart, Devlin and Mill)
Legal Pluralism 2
Legal Pluralism
Roscoe Pound's social engineering
Thomas Aquinas Natural Law Theory
Why Natural Law Declines
1. Establishing standards for acceptable behavior in society.
2. Maintaining order and stability by enforcing standards.
3. Providing formal means like the court system to resolve disputes.
4. Protecting individual liberties and rights from violations by others or the government.
This document provides an overview of key concepts in law, including definitions of law, theories of law, sources of law, classifications of law, and the law of persons. It defines law and discusses natural law theory, positive law theory, Marxist law theory, and realist theory. It also covers sources of law, classifications such as public/private law and civil/criminal law. Finally, it addresses the meaning of a legal person, commencement and termination of legal personality, and capacity and incapacity of natural persons.
A Brief Assessment of Rule of Law and Human Rights under the Constitution of ...dbpublications
The philosophy of Rule of Law stated that no one above the law, all are equal before law and fundamental rights of the citizens must be protected. Rule of Law, the fundamental constitutional principle, introduced in 17th centuries and got popularity in 19th century by a great scholar A.V Dicey. This article looked into a brief assessment of Rule of Law and fundamental rights under the constitution of Pakistan. This study based on qualitative and quantitative research, and it first described what the Rule of Law is? Its main features, relationship between Rule of Law and Human Rights, and then a comparative analysis of Rule of Law and Human Rights in Pakistan and other countries of the world by referring World Justice Project, Rule of Law Assessment 2015.
The document discusses judicial activism in India. It provides context on the increasing role of the judiciary in India since independence. It discusses key cases that expanded judicial power and activism, such as those related to fundamental rights and public interest litigation. It also discusses debates around judicial activism, including whether it oversteps boundaries, ensures justice, and protects minority rights. Proponents argue it fulfills roles when other branches of government fail, while critics argue it can amount to overreach. Overall, the document examines the rise of judicial activism in India and ongoing debates around its implications.
This document provides an overview of conceptual analyses of law from different perspectives. It discusses law in terms of social order, elements of the state, and justice. It also examines definitions of law from various philosophical and sociological viewpoints. The document outlines how law has evolved from being intertwined with morality to becoming more consciously separated through legal positivism. However, morality still influences lawmaking and the interpretation of legal principles.
This document provides an outline for a business law module that covers various legal topics related to business. It begins with an introduction to the legal perspective of business, discussing key concepts like different legal theories, sources of law, and the role of the judiciary. It then outlines 10 topics that will be covered, including business entities, employment laws, taxation, securities law, and competition law. The document provides context and background information to introduce students to fundamental legal aspects of conducting business.
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বাংলাদেশের অর্থনৈতিক সমীক্ষা ২০২৪ [Bangladesh Economic Review 2024 Bangla.pdf] কম্পিউটার , ট্যাব ও স্মার্ট ফোন ভার্সন সহ সম্পূর্ণ বাংলা ই-বুক বা pdf বই " সুচিপত্র ...বুকমার্ক মেনু 🔖 ও হাইপার লিংক মেনু 📝👆 যুক্ত ..
আমাদের সবার জন্য খুব খুব গুরুত্বপূর্ণ একটি বই ..বিসিএস, ব্যাংক, ইউনিভার্সিটি ভর্তি ও যে কোন প্রতিযোগিতা মূলক পরীক্ষার জন্য এর খুব ইম্পরট্যান্ট একটি বিষয় ...তাছাড়া বাংলাদেশের সাম্প্রতিক যে কোন ডাটা বা তথ্য এই বইতে পাবেন ...
তাই একজন নাগরিক হিসাবে এই তথ্য গুলো আপনার জানা প্রয়োজন ...।
বিসিএস ও ব্যাংক এর লিখিত পরীক্ষা ...+এছাড়া মাধ্যমিক ও উচ্চমাধ্যমিকের স্টুডেন্টদের জন্য অনেক কাজে আসবে ...
Beyond Degrees - Empowering the Workforce in the Context of Skills-First.pptxEduSkills OECD
Iván Bornacelly, Policy Analyst at the OECD Centre for Skills, OECD, presents at the webinar 'Tackling job market gaps with a skills-first approach' on 12 June 2024
Temple of Asclepius in Thrace. Excavation resultsKrassimira Luka
The temple and the sanctuary around were dedicated to Asklepios Zmidrenus. This name has been known since 1875 when an inscription dedicated to him was discovered in Rome. The inscription is dated in 227 AD and was left by soldiers originating from the city of Philippopolis (modern Plovdiv).
Chapter wise All Notes of First year Basic Civil Engineering.pptxDenish Jangid
Chapter wise All Notes of First year Basic Civil Engineering
Syllabus
Chapter-1
Introduction to objective, scope and outcome the subject
Chapter 2
Introduction: Scope and Specialization of Civil Engineering, Role of civil Engineer in Society, Impact of infrastructural development on economy of country.
Chapter 3
Surveying: Object Principles & Types of Surveying; Site Plans, Plans & Maps; Scales & Unit of different Measurements.
Linear Measurements: Instruments used. Linear Measurement by Tape, Ranging out Survey Lines and overcoming Obstructions; Measurements on sloping ground; Tape corrections, conventional symbols. Angular Measurements: Instruments used; Introduction to Compass Surveying, Bearings and Longitude & Latitude of a Line, Introduction to total station.
Levelling: Instrument used Object of levelling, Methods of levelling in brief, and Contour maps.
Chapter 4
Buildings: Selection of site for Buildings, Layout of Building Plan, Types of buildings, Plinth area, carpet area, floor space index, Introduction to building byelaws, concept of sun light & ventilation. Components of Buildings & their functions, Basic concept of R.C.C., Introduction to types of foundation
Chapter 5
Transportation: Introduction to Transportation Engineering; Traffic and Road Safety: Types and Characteristics of Various Modes of Transportation; Various Road Traffic Signs, Causes of Accidents and Road Safety Measures.
Chapter 6
Environmental Engineering: Environmental Pollution, Environmental Acts and Regulations, Functional Concepts of Ecology, Basics of Species, Biodiversity, Ecosystem, Hydrological Cycle; Chemical Cycles: Carbon, Nitrogen & Phosphorus; Energy Flow in Ecosystems.
Water Pollution: Water Quality standards, Introduction to Treatment & Disposal of Waste Water. Reuse and Saving of Water, Rain Water Harvesting. Solid Waste Management: Classification of Solid Waste, Collection, Transportation and Disposal of Solid. Recycling of Solid Waste: Energy Recovery, Sanitary Landfill, On-Site Sanitation. Air & Noise Pollution: Primary and Secondary air pollutants, Harmful effects of Air Pollution, Control of Air Pollution. . Noise Pollution Harmful Effects of noise pollution, control of noise pollution, Global warming & Climate Change, Ozone depletion, Greenhouse effect
Text Books:
1. Palancharmy, Basic Civil Engineering, McGraw Hill publishers.
2. Satheesh Gopi, Basic Civil Engineering, Pearson Publishers.
3. Ketki Rangwala Dalal, Essentials of Civil Engineering, Charotar Publishing House.
4. BCP, Surveying volume 1
Philippine Edukasyong Pantahanan at Pangkabuhayan (EPP) CurriculumMJDuyan
(𝐓𝐋𝐄 𝟏𝟎𝟎) (𝐋𝐞𝐬𝐬𝐨𝐧 𝟏)-𝐏𝐫𝐞𝐥𝐢𝐦𝐬
𝐃𝐢𝐬𝐜𝐮𝐬𝐬 𝐭𝐡𝐞 𝐄𝐏𝐏 𝐂𝐮𝐫𝐫𝐢𝐜𝐮𝐥𝐮𝐦 𝐢𝐧 𝐭𝐡𝐞 𝐏𝐡𝐢𝐥𝐢𝐩𝐩𝐢𝐧𝐞𝐬:
- Understand the goals and objectives of the Edukasyong Pantahanan at Pangkabuhayan (EPP) curriculum, recognizing its importance in fostering practical life skills and values among students. Students will also be able to identify the key components and subjects covered, such as agriculture, home economics, industrial arts, and information and communication technology.
𝐄𝐱𝐩𝐥𝐚𝐢𝐧 𝐭𝐡𝐞 𝐍𝐚𝐭𝐮𝐫𝐞 𝐚𝐧𝐝 𝐒𝐜𝐨𝐩𝐞 𝐨𝐟 𝐚𝐧 𝐄𝐧𝐭𝐫𝐞𝐩𝐫𝐞𝐧𝐞𝐮𝐫:
-Define entrepreneurship, distinguishing it from general business activities by emphasizing its focus on innovation, risk-taking, and value creation. Students will describe the characteristics and traits of successful entrepreneurs, including their roles and responsibilities, and discuss the broader economic and social impacts of entrepreneurial activities on both local and global scales.
Liberal Approach to the Study of Indian Politics.pdf
LEGAL METHOD
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Semester: FIRST Semester
LLB 101
Name of the Subject:
LEGAL METHOD
UNIT I
INTRODUCTION TO LEGAL
METHOD
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Definition of Law:
Law is defined as Rules of Human action.
Blackstone defines law as “ It is a rule of action whether it be animate or inanimate or of nations. Thus law
of motion are as much law of nature or of nations.
Other jurists however restrict the meaning and scope of law only to norms necessary for regulation of
human conduct.
Salmond defines law as the “body of principles recognized and applied by the state in the administration
of justice.
Austin defines Law is the aggregate of rules set men as politically superior or sovereign to men as
politically subject.
Duguit defines Law as essentially and exclusively as social fact.
Roscoe Pound defines law as a social institution to satisfy social wants.
Another great sociological jurist is Ehrlich. He includes in his definion all the norms which govern social
life within a given society.
3. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
FUNCTIONS OF LAW
The law serves many purposes and functions in society. Four principal purposes and functions
are establishing standards, maintaining order, resolving disputes, and protecting liberties and rights.
Establishing Standards
The law is a guidepost for minimally acceptable behavior in society. Some activities, for instance, are crimes
because society (through a legislative body) has determined that it will not tolerate certain behaviors that
injure or damage persons or their property. For example, under a typical state law, it is a crime to cause
physical injury to another person without justification—doing so generally constitutes the crime of assault.
Maintaining Order
This is an offshoot of establishing standards. Some semblance of order is necessary in a civil society and is
therefore reflected in the law. The law—when enforced—provides order consistent with society’s guidelines.
Resolving Disputes
Disputes are unavoidable in a society made of persons with different needs, wants, values, and views. The
law provides a formal means for resolving disputes—the court system.
Protecting Liberties and Rights
The constitutions and of India provide for various liberties and rights.
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A purpose and function of the law is to protect these various liberties and rights from violations or
unreasonable intrusions by persons, organizations, or government. For example, subject to certain
exceptions, the First Amendment to the Constitution prohibits the government from making a law that
prohibits the freedom of speech. Someone who believes that his free speech rights have been prohibited
by the government may pursue a remedy by bringing a case in the courts.
You have probably realized that laws may serve more than one principal function and there are obviously
more principal functions than the four that we have identified.
Law and Morality
In a society, people generally interact in a human way, cooperating and communicating with each
other. A strong social structure can be maintained if there are generally accepted rules of conduct. Many
believe that these rules need not be defined and enforced by any centralized agency. However, this
concept has caused the destabilization of many societies and has weakened social relations.
The defect lies not with the system of the centralized agency, but in the notion of prevailing social values.
In the so-called democratic society, state law does not follow the dictum of social institutions. But in
Islamic society, religious law guides the state laws.
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There are contradicting ideas regarding the importance of natural law as positive law. According to Locke,
obedience to the state is the protection of the rights possessed by individuals under natural law. Some
philosophers have gone further and said if a rule is in conflict with natural law, it cannot be a positive law at
all. One origin for the doctrine of natural law is the idea that God stands in relation to mankind at large as in
the relation of a monarch to his subjects. From this developed the concept of the divine rights of kings.
In this era, with its plurality of conflicting moral beliefs, the doctrine of natural law has lost much of its
appeal. Political philosophers generally confuse moral values with religious doctrines. Natural law does not
mean that it has to have a religious sanction. There are innumerable contradictory religions, each defining
their own concept of ethical standards.
Natural law should not be considered as the law enacted by the clergy. Similarly, much importance has been
given today to positive law, the law enacted by the state. The concept of legal and illegal is considered only
on the basis of the penal code, as enacted by the political institution. Yet, so far there is no reason to believe
that state law has protected freedom and human values in the true sense of the term.
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(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Morality
Morality should not be confused with religious ethics that enforce certain do’s and don’ts on people by
some centralised agency. Morality must have a universal foundation; it is a dynamic principle that guides
human expression towards benevolence. The principles of non-violence, truthfulness, non-stealing in a
wider sense, non-indulgence and universal attitude infuse the spirit of benevolence, humanness, justice
and fairness. These universal moral principles should be the guiding factor in framing laws.
The “protection of human values in all the three spheres life” and the concept of “Human society is one
and indivisible”, are two cardinal principles of PROUT. We are firstly human beings and secondly social
beings. Human value precedes social value. If anybody does a crime, measures for reforming his or her
character should be taken instead of punishment. However, until the person is rehabilitated, social
responsibility should not be given to them. Capital punishment should be abolished from all parts of
society.
Classification of Law
Public and Private Law
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Public Law
1.Govern the relationship between state and individuals.2.Public law includes constitutional
law,administrative law,criminal law(criminal law is enforced on behalf of or in the name of the
state),international law,municipal law
3.The objective of public law is mentioned in the Preamblei.e to achieve the objective of the state
4.Sources-Natural law, Magna Carta, Bill of Rights, Indian Independence Act. The Government of India
Act,constitutions of other countries
5.Remedies-Writs,PIL,etc
6.Case-Brown v Board Of Education
Private Law
1.Governs the relationship between individuals.
2.Private law includes Law of contract,Law of tort,Law of property,Law of succession, family laws
3.The objective of private laws is to regularise and control the behaviour of individuals when they meet
with other individuals
4.Sources- Customs,traditions,precedents,conventions and treaties
5.Remedies- Suits,intention,declaration
6.Case- Carvajal v Hillstone Restaurant Group
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(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Procedural law consists of the set of rules that govern the proceedings of the court in criminal lawsuits
as well as civil and administrative proceedings. The court needs to conform to the standards setup by
procedural law, while during the proceedings. These rules ensure fair practice and consistency in the
"due process".
Substantive law is a statutory law that deals with the legal relationship between people or the people
and the state. Therefore, substantive law defines the rights and duties of the people, but procedural law
lays down the rules with the help of which they are enforced. The differences between the two need to be
studied in greater detail, for better understanding.
International Law and Municipal laws
International law, a term coined around 1800 by philosopher Jeremy Bentham[1], refers to the body of
legal decisions, rules, and customs that regulate the discourse between nations (e.g., human rights,
military intervention, and global concerns such as climate change). Conversely, municipal law governs
the actions of individuals and commercial entities within the borders of sovereign states (e.g., civil codes
and criminal statutes).
Define municipal law. In common usage, especially in the United States, municipal or municipality,
refers to a city or town. However, in the realm of international law, municipal refers to any sovereign
entity, including countries, states, counties, provinces, cities, and towns.
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Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
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INTERNATIONALLAWMUNICIPAL LAW
International Law is the law of nations, regulating the relations between the member States of the family
of nations. Municipal Law is the law of State regulating the conduct of individuals and deal with
the relation between individual and the State.
International Law is concerned mainly with foreign affairs or inter-state affairs. Municipal Law is infra-
state affairs concerned with domestic affairs.
International Law is a nature of consent and consensus. Municipal Law is of command and sanction.
International Law is a decentralized system acting vertically. Municipal Law is a centralized acting
horizontally.
CIVIL LAW
The law enforced by the State is called Civil Law.
The force of the state is the sanction behind the law.
It is derived from the Roman word Jus Civile.
It is territorial in nature as it applies within the territory of the State.
Austin prefers to call civil law a positive law because it is enforced by the sovereign political authority.
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UNIT-II
SOURCES OF LAW
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Custom:
Custom has been one of the oldest sources of law. In ancient times, social relations gave
rise to several usages, traditions and customs. These were used to settle and decide
disputes among the people. Customs were practiced habitually and violations of customs
were disapproved and punished by the society. Initially social institutions began working on
the basis of several accepted customs.
Gradually, the State emerged as the organized political institution of the people having the
responsibility to maintain peace, law and order; naturally, it also began acting by making
and enforcing rules based upon customs and traditions. In fact, most of the laws had their
birth when the State began converting the customs into authoritative and binding rules.
Custom has been indeed a rich source of Law.
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Custom and usage is the earliest sources of law. When there was no state, the people faced problem. They
reacted to them in different ways. Slowly and gradually there emerged a kind of uniformity in these
reactions. These were called customs and traditions. For example, there are still certain customs, which are
observed by the people so for as their marriage, family relations, and inheritance are concerned. After the
emergence of the state such customs and traditions were formally adopted and these were given the name
of laws. These laws which are derived from customs are called customary laws. The best example of such
law is the English Common Law.
Custom in law is the established pattern of behavior that can be objectively verified within a particular
social setting. A claim can be carried out in defense of "what has always been done and accepted by law."
Related is the idea of prescription; a right enjoyed through long custom rather than positive law.
Customary law (also, consuetudinary or unofficial law) exists where:
a certain legal practice is observed and the relevant actors consider it to be law (opinio juris).
Essentials of Custom
1. Antiquity
2. Continunance
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3. Peaceful enjoyment
4. Obligatory Force.
5. Certainty
6. Consistency
7. Reasonableness
8 Conformity with statute law.
Classification of Custom
The custom in their wider sense may be divided into two classes.
1, Customs without sanction.
2. Custom having sanction.
Custom having sanction are further divided into two parts namely
1. Legal and Conventional Customs
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Legislation It is the prime source of law. and consists in the declaration of legal rules by a
competent authority. Legislation can have many purposes: to regulate, to authorize, to enable,
to proscribe, to provide funds, to sanction, to grant, to declare or to restrict.
A parliamentary legislature frames new laws, such as Acts of Parliament and amends or
repeals old laws. The legislature may delegate law-making powers to lower bodies.
In the UK such delegated legislation includes Statutory Instruments, Orders in Council,
& Bye-laws. Delegated legislation may be open to challenge for irregularity of process; and the
legislature usually has the right to withdraw delegated powers if it sees fit.
Most legislatures have their powers restricted by the nation's Constitution, and Montesquieu’s
theory of the separation of powers typically restricts a legislature's powers to
legislation. Although the legislature has the power to legislate
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It is the courts who have the power to interpret statutes. treaties and
regulations. Similarly, although parliaments have the power to legislate.
It is usually the executive[ who decides on the legislative programme.
The procedure is usually that a bill is introduced to Parliament, and after the
required number of readings, committee stages and amendments, the bill
gains approval and becomes an Act.
Legislation is one of the most important instruments of government in
organising society and protecting citizens. It determines amongst others the
rights and responsibilities of individuals and authorities to whom
the legislation applies.
The common meaning of Legislation is the making of the law.
It may be defined as the promulgation of legal rules by any law made by any
source, such as precedents
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Difference between Legislation and Custom
1. The existence and authority of legislation is dejure whereas the existence of custom is de facto.
2. Legislation is considered to be superior and more authoritative source of law than customs.
3. Generally customs deals with the relationship between man and man. Legislation always bring into
picture, the state.
4. The authority of legislation lies in express will of the state. Customs are generally based on the will
of the people. They have only an implied authority of the state.
5. Legislation is an advanced method of legal development and is characteristic mark of mature legal
systems. Customs have their way mainly in a primitive society.
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Precedent :-
In common law legal systems a precedent, or authority, is a principle or rule established
in a previous legal case that is either binding on or persuasive for a court or other tribunal
when deciding subsequent cases with similar issues or facts Common law legal systems
place great value on deciding cases according to consistent principled rules so that similar
facts will yield similar and predictable outcomes, and observance of precedent is the
mechanism by which that goal is attained.
The principle by which judges are bound to precedents is known as stare decisis.
Black’’s Law Dictionary defines "precedent" as a "rule of law established for the first
time by a court for a particular type of case and thereafter referred to in deciding similar
cases“.
executive branch agencies).
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Common law precedent is a third kind of law, on equal footing with statutory law (statutes and
codes enacted by legislative bodies), and delegated legislation (in U.K. parlance) or regulatory law (in
U.S. parlance) (regulations promulgated by exective wing of the state.
Stare decisis is a legal principle by which judges are obligated to respect the precedent established
by prior decisions. The words originate from the phrasing of the principle in the Latin maxim Stare
decisis et non quieta movere: "to stand by decisions and not disturb the undisturbed".
In a legal context, this means that courts should abide by precedent and not disturb settled
matters. The principle can be divided into two components:
A decision made by a superior court, or by the same court in an earlier decision, is binding
precedent that the court itself and all its inferior courts must follow.
A court may overturn its own precedent, but should do so only if there is a strong reason to do so,
and even in that case, should be guided by principles from superior, lateral and inferior courts.
The second principle, regarding persuasive precedent reflects the broad precedent guidance a
court may draw upon in reaching all of its decisions..
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UNIT-III
BASIC CONCEPTS OF
INDIAN LEGAL SYSTEM
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RULE OF LAW:-
The term “Rule of Law" is derived from the French phrase 'La Principe de Legality' (the
principle of legality) which refers to a government based on principles of law and not of
men.
In a broader sense Rule of Law means that Law is supreme and is above every
individual. No individual whether if he is rich, poor, rulers or ruled etc are above law and
they should obey it.
In a narrower sense the rule of law implies that government authority may only be
exercised in accordance with the written laws, which were adopted through an established
procedure. The principle of Rule of Law is intended to be a safeguard against arbitrary
actions of the government authorities.
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The principle of Rule of Law is intended to be a safeguard against arbitrary actions of the government
authorities.
The rule of law has been described as a “rare and protean principle of our political tradition
The rule of law centrally comprises “the values of regularity and restraint, embodied in the slogan of “‘a
government of laws, not men’". The term Rule of Law does not provide any thing about how the laws are
to be made, or anything specific like the Fundamental Rights or the Directive principles or equality etc.
but it provides for two basic concepts that is Law must be obeyed by the people and that the law must be
made in such a way that it is able to guide the behaviour of its subjects
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Edward Coke is said to be the originator of concept of Rule of Law when he said that the king must be
under God and law and thus vindicated the supremacy of law over the pretensions of the executives.
In India, the concept of Rule of Law can be traced back to the Upanishad. It provides that Law is the
King of Kings.
It is more powerful and higher than the Kings and there is nothing higher than law.
By its powers the weak shall prevail over the strong and justice shall triumph.
This establishes the fact that law is absolutely supreme and it excludes the existence of arbitrariness in
any form. According to Diecy where there is scope discretion there is room for arbitrariness.
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DICEY'S THEORY of Rule of Law consists of three main principles: [
1. Absence of Arbitrary Power or Supremacy of Law: :
A As per Dicey Rule of law means the absolute supremacy of law and 'no man is punishable or can
lawfully be made to suffer in body or goods except for a distinct breach of law established in the
ordinary legal manner before the courts of the land.
B Dicey was of the view that all individuals whether if he is a common man or government authority are
bound to obey the law..
C He is of the view that no man can be punished for any thing else than a breach of law which is already
established. And also that the alleged offence is required to be proved before the ordinary courts in
accordance with ordinary procedure.
2. Equality before Law: As per Dicey Rule of law, in the second principle, means the equality of law or
equal subjection of all classes of people to the ordinary law of the land which is administered by the
ordinary law courts. In this sense rule of law conveys that no man is above the law.
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Even the Government Officials are under a duty to obey the same law and there can be no other
special courts for dealing specifically with their matters.
3. Constitution is the result of the ordinary law of the land: As per Dicey , in many countries rights such
as right to personal liberty, freedom, arrest etc are provided by the written Constitution of a Country.
In England these rights are a result of the judicial decisions that have arisen due to the conflict
between the parties.
The constitution is not the source but the consequence of the rights of the individuals..
But this principle of Dicey is not applicable in India as in India we consider the Constitution to be the
basic ground work of laws from which all other laws are derived.
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Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
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The rule of law has been described as a “rare and protean principle of our political
tradition“.
The rule of law centrally comprises “the values of regularity and restraint, embodied in the
slogan of “‘a government of laws, not men’".
The term Rule of Law does not provide any thing about how the laws are to be made, or
anything specific like the Fundamental Rights or the Directive principles or equality etc.
it provides two basic concepts that is Law must be obeyed by the people and that the law
must be made in such a way that it is able to guide the behavior of its subjects.
The concept of Rule of Law is very old. In the thirteenth century Bracton, a judge in the
reign of Henry III in a way introduced the concept of Rule of Law without naming it as Rule
of Law
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Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
SEPARATION OF POWERS
The term "trias politica" or "separation of powers" was coined by Charles-Louis de Secondat, baron de
La Brède et de Montesquieu, an 18th century French social and political philosopher.
His publication, Spirit of the Laws, is considered one of the great works in the history of political theory
and jurisprudence, and it inspired the Declaration of the Rights of Man and the Constitution of the United
States.
Separation of powers, therefore, refers to the division of government responsibilities into distinct branches
to limit any one branch from exercising the core functions of another. The intent is to prevent the
concentration of power and provide for checks and balances.
‘
The traditional characterizations of the powers of the branches of American government are:
•The legislative branch is responsible for enacting the laws of the state and appropriating the money
necessary to operate the government.
•The executive branch is responsible for implementing and administering the public policy enacted and
funded by the legislative branch.
* The judicial branch is responsible for interpreting the constitution and laws and applying their
interpretations to controversies brought before it.
27. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Forty state constitutions specify that government be divided into three branches: legislative, executive
and judicial.
California illustrates this approach; "The powers of state government are legislative, executive, and
judicial.
Persons charged with the exercise of one power may not exercise either of the others except as
permitted by this Constitution.
While separation of powers is key to the workings of American government, no democratic system exists
with an absolute separation of powers or an absolute lack of separation of powers.
Governmental powers and responsibilities intentionally overlap; they are too complex and interrelated to
be neatly compartmentalized. As a result, there is an inherent measure of competition and conflict among
the branches of government.
Throughout American history, there also has been an ebb and flow of preeminence among the
governmental branches. Such experiences suggest that where power resides is part of an evolutionary
process.
28. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
UNIT-IV
Legal Writing and
Research
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Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Statute is a formal written enactment of a legislative authority that governs a city, state, or country.
Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by
legislative bodies; they are distinguished from case law or precedent, which is decided by courts,
and regulations issued by government agencies.
The term statute is also used to refer to an International treaty that establishes an institution such as the
Statute of the European Central Bank a protocol to the international courts as well, such as the Statute of
the International Court of Justice and the Rome Statute of the International Criminal Court Statute is also
another word for law. The term was adapted from England in about the 18th century.
Definition of STATUTE
1: a law enacted by the legislative branch of a government
2: an act of a corporation or of its founder intended as a permanent rule
3: an international instrument setting up an agency and regulating its scope or authority
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Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Definition of Bill
A formal statement of a planned new law that is discussed before being voted on:
Draft of a proposed statute (Act Of Parliament) which must be approved by both houses of the
legislature and signed by the Head Of State (such as a President) to become a law.
LAW REPORTS:-
The United States Reports the official reporter of the Supreme Court of the United States
Law reports or reporters are series of books that contain judicial opinions from a selection of case
law decided by courts When a particular judicial opinion is referenced, the law report series in which the
opinion is printed will determine the case citation format.
The term reporter was originally used to refer to the individual persons who actually compile, edit, and
publish such opinions. For example, the Reporter of Decisions for the U.S. Supreme Court is the person
authorized to publish the Court's cases in the bound volumes of the United States Reports. In American
English reporter also denotes the books themselves. In the Commonwealth these are described by the
plural term law reports, the title that usually appears on the covers of the periodical parts and the
individual volumes.
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Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Official law reports or reporters are those authorized for publication by statute or other governmental
ruling.
Governments designate law reports as official to provide an authoritative, consistent, and authentic
statement of a jurisdiction's primary law.
Official case law publishing may be carried out by a government agency, or by a commercial entity.
Unofficial law reports, on the other hand, are not officially sanctioned and are published as a
commercial enterprise
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(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
For the publishers of unofficial reports to maintain a competitive advantage over the official ones, unofficial
reports usually provide helpful research aids (e.g., summaries, indexes), like the editorial enhancements used
in the West American Digest System.
Some commercial publishers also provide court opinions in searchable online databases that are part of
larger fee-based, online legal research systems, such as Westlaw, Lexis-Nexis or Justis.
Contents of a good law report
The headnote from the leading English case Wilkinson v. Downton [1897] 2 QB 57.
A good printed law report in traditional form usually contains the following items:
The citation reference.
The name of the case (usually the parties' names).
Catchwords (for information retrieval purposes).
The headnote (a brief summary of the case, the holding, and any significant case law considered). However,
a headnote is not part of the decision rendered. Headnotes occasionally contain misinterpretations of the law
in judgments of lower courts, and are not regarded as part of an official judgment or precedent.
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(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
A recital of the facts of the case (unless appearing in the judgment).
A note of the arguments of counsel before the judge. (This is often omitted in modern reports.)
The judgment (a verbatim transcript of the words used by the judge to explain his or her reasoning).
A student brief is a short summary and analysis of the case prepared for use in classroom discussion. It
is a set of notes, presented in a systematic way, in order to sort out the parties, identify the issues,
ascertain what was decided, and analyze the reasoning behind decisions made by the courts.
Although student briefs always include the same items of information, the form in which these items are
set out can vary. Before committing yourself to a particular form for briefing cases, check with your
instructor to ensure that the form you have chosen is acceptable.
The parties and how to keep track of them
Beginning students often have difficulty identifying relationships between the parties involved in court
cases.
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Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
The following definitions may help:
Plaintiffs sue defendants in civil suits in trial courts.
The government (state or federal) prosecutes defendants in criminal cases in trial courts.
The losing party in a criminal prosecution or a civil action may ask a higher (appellate) court to review the
case on the ground that the trial court judge made a mistake.
If the law gives the loser the right to a higher court review, his or her lawyers will appeal. If the loser does
not have this right, his or her lawyers may ask the court for a writ of certiorari.
Under this procedure, the appellate court is being asked to exercise its lawful discretion in granting the
cases a hearing for review.
For example, a defendant convicted in a federal district court has the right to appeal this decision in the
Court of Appeals of the circuit and this court cannot refuse to hear it.
The party losing in this appellate court can request that the case be reviewed by the Supreme Court, but,
unless certain special circumstances apply, has no right to a hearing
35. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Research can be classified in many different ways on the basis of the methodology of research, the
knowledge it creates, the user group, the research problem it investigates etc.
Basic research
This research is conducted largely for the enhancement of knowledge, and is research which does not
have immediate commercial potential.
The research which is done for human welfare, animal welfare and plant kingdom welfare.
It is called basic, pure, fundamental research. The main motivation here is to expand man's knowledge,
not to create or invent something.
According to Travers, “Basic Research is designed to add to an organized body of scientific knowledge
and does not necessarily produce results of immediate practical value.”
Such a research is time and cost intensive. (Example: A experimental research that may not be or will be
helpful in the human progress.)
36. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Research means repeated search for something, to find out some different new things or something
special knowledge in the existing facts.
Legal research is any systematic study or research of legal theories, concept, doctrine, cases, principles,
rules and regulations etc. methodology, in the sense of O+M+V i.e. way/method/approach and verified
facts.
Simply, method is the way of doing something and Methodology is the science or study of a particular
subject.
The main objectives of legal research are to ascertain the nature, purpose and policy – objectives of legal
rules and principles that govern a specific situation and determine their current relevance, utility,
adequacy or efficacy.
, Doctrinal research which is sometimes also referred to as armchair research2which is essential for
a library base study as the material needed by a researcher may be available in libraries, archives and
other data bases.
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Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
Doctrinal research is a research of legal preposition by way of analyzing of the existing statutory provision
along with the present case laws by applying the reasoning power of researcher.
In doctrinal research, researcher mainly uses different judgments, treaties, statutes texts, legal journals,
magazines etc., and from these he tries to collect all relevant material on the topic and then with reasoning
power, researcher tries to find out gap, problem and draws out final conclusion. Dr. S.N. Jain observed that
doctrinal research involver’s analysis of case law is arranging, ordering and systematizing legal preposition
and study of legal institution through legal reasoning or rational deduction.
Non-doctrinal research is also known as social-legal research.
In non-doctrinal research, researchers make efforts to collect knowledge and information from first hand
study or primary data related to his particular matter or topic.
It aims to organizing society in systematic and peaceful manner. It is a type of research that employs methods
taken from other discipline to generate empirical data that answers research questions. It can be problem,
policy or modification of the existing law.
A non-doctrinal research can be qualitative or quantitative and dogmatic. It can be part of a large-scale project
in the law.
38. Chanderprabhu Jain College of Higher Studies & School of Law
Plot No. OCF, Sector A-8, Narela, New Delhi – 110040
(Affiliated to Guru Gobind Singh Indraprastha University and Approved by Govt of NCT of Delhi & Bar Council of India)
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