The syllabus of Introduction to Law for the students of LL.B first semester University Law College and Zarghoon Law College Quetta With recommended books.
Law is a social science that develops alongside society to deal with new problems. There are various definitions of law provided by different jurists. John Austin's definition states that law is a command issued by a sovereign power to inferiors and enforced by coercion. Sir John Salmond defines law as "the body of principles recognized and applied by the State in the administration of justice." There are two broad senses of law - the general sense referring to uniformity in nature, and the juridical sense referring to rules enforced by human authority in a political society. The purposes of law include maintaining order, preserving the status quo, enabling individual freedom, and satisfying people's needs.
This document outlines an introduction to law course, including key topics, terms, and legal theories that will be covered. The course covers the development of law from its divine origins and pre-state societies through modern legal systems. It compares different legal typologies and sources of law, such as divine law, natural law, customary law, and common law. Major legal philosophies are discussed, including natural law theory, legal positivism, and legal realism. Prominent jurists from both Western and Islamic legal traditions will be examined. The course also addresses Islamic concepts of sovereignty, rights, obligations, and punishment. Recommended books on jurisprudence and legal philosophy are listed.
This document outlines the topics to be covered in an Introduction to Law course. The course will cover the development of law and different legal theories. It will examine key concepts in law like the sources of law, types of law, legal persons and liability. Major topics will include natural law theory, the social contract theory, sources of Islamic law and English law, prominent jurists' contributions, Islamic concepts of state and justice. The course is divided into 10 units that will cover these essential aspects of the legal system and jurisprudence.
Law is a social science that develops alongside society to deal with new problems. Law consists of rules established by authority or custom that regulate community behavior. There are various definitions of law from different jurists. John Austin's definition is that law is a command from a sovereign power enforced through coercion. Law can be understood in both a general sense, referring to natural uniformities and regularities, and a juridical sense as rules enforced by a human authority in a political society. The purposes of law include maintaining order, preserving the status quo, enabling individual freedom, and satisfying people's needs.
Lecture 1 and 2 introduction to law part 1Omar Wattoo
This document provides an introduction to the concept of law. It discusses different definitions and classifications of law. In the general sense, law refers to any rules that govern actions, including divine laws, physical laws, and human laws. Human laws are further divided into moral laws and positive laws. Positive laws refer specifically to laws enforced by a sovereign state. The document outlines several definitions of law provided by legal philosophers and theorists. It also summarizes Dr. Salmond's eight-category classification of different types of law, including imperative law, physical law, natural/moral law, conventional law, customary law, practical/technical law, international law, and civil law.
Natural law arises from human dignity and dictates universal ethical principles of right and wrong. Moral law governs individual behavior according to truth. Human law deals with legal order and common good, while divine law includes scripture and Jesus' teachings of love. Church law expresses divine law for Christians. Civil law governs secular relationships. The Ten Commandments and Beatitudes express obligations to God and others. Ultimately, Christian moral law centers on loving God and others as exemplified by Jesus Christ.
This document discusses the rule of law. It defines the rule of law as the supremacy of law that applies to everyone equally. The rule of law is an ideal that is constantly strived for but never fully achieved. The document discusses philosophers like Aristotle, Cicero, and Karl Marx who wrote about the rule of law. It also outlines A.V. Dicey's view that the rule of law has three meanings: no punishment without breaking the law, equality under the law regardless of status, and common law best protects rights and freedoms.
It gives a brief outline of the Subject of Jurisprudence including Syllabus, Bibliography, Lecture Plan etc. It also contains some 47 Model Questions from all chapters of the syllabus. Hope it may be helpful for students.
Law is a social science that develops alongside society to deal with new problems. There are various definitions of law provided by different jurists. John Austin's definition states that law is a command issued by a sovereign power to inferiors and enforced by coercion. Sir John Salmond defines law as "the body of principles recognized and applied by the State in the administration of justice." There are two broad senses of law - the general sense referring to uniformity in nature, and the juridical sense referring to rules enforced by human authority in a political society. The purposes of law include maintaining order, preserving the status quo, enabling individual freedom, and satisfying people's needs.
This document outlines an introduction to law course, including key topics, terms, and legal theories that will be covered. The course covers the development of law from its divine origins and pre-state societies through modern legal systems. It compares different legal typologies and sources of law, such as divine law, natural law, customary law, and common law. Major legal philosophies are discussed, including natural law theory, legal positivism, and legal realism. Prominent jurists from both Western and Islamic legal traditions will be examined. The course also addresses Islamic concepts of sovereignty, rights, obligations, and punishment. Recommended books on jurisprudence and legal philosophy are listed.
This document outlines the topics to be covered in an Introduction to Law course. The course will cover the development of law and different legal theories. It will examine key concepts in law like the sources of law, types of law, legal persons and liability. Major topics will include natural law theory, the social contract theory, sources of Islamic law and English law, prominent jurists' contributions, Islamic concepts of state and justice. The course is divided into 10 units that will cover these essential aspects of the legal system and jurisprudence.
Law is a social science that develops alongside society to deal with new problems. Law consists of rules established by authority or custom that regulate community behavior. There are various definitions of law from different jurists. John Austin's definition is that law is a command from a sovereign power enforced through coercion. Law can be understood in both a general sense, referring to natural uniformities and regularities, and a juridical sense as rules enforced by a human authority in a political society. The purposes of law include maintaining order, preserving the status quo, enabling individual freedom, and satisfying people's needs.
Lecture 1 and 2 introduction to law part 1Omar Wattoo
This document provides an introduction to the concept of law. It discusses different definitions and classifications of law. In the general sense, law refers to any rules that govern actions, including divine laws, physical laws, and human laws. Human laws are further divided into moral laws and positive laws. Positive laws refer specifically to laws enforced by a sovereign state. The document outlines several definitions of law provided by legal philosophers and theorists. It also summarizes Dr. Salmond's eight-category classification of different types of law, including imperative law, physical law, natural/moral law, conventional law, customary law, practical/technical law, international law, and civil law.
Natural law arises from human dignity and dictates universal ethical principles of right and wrong. Moral law governs individual behavior according to truth. Human law deals with legal order and common good, while divine law includes scripture and Jesus' teachings of love. Church law expresses divine law for Christians. Civil law governs secular relationships. The Ten Commandments and Beatitudes express obligations to God and others. Ultimately, Christian moral law centers on loving God and others as exemplified by Jesus Christ.
This document discusses the rule of law. It defines the rule of law as the supremacy of law that applies to everyone equally. The rule of law is an ideal that is constantly strived for but never fully achieved. The document discusses philosophers like Aristotle, Cicero, and Karl Marx who wrote about the rule of law. It also outlines A.V. Dicey's view that the rule of law has three meanings: no punishment without breaking the law, equality under the law regardless of status, and common law best protects rights and freedoms.
It gives a brief outline of the Subject of Jurisprudence including Syllabus, Bibliography, Lecture Plan etc. It also contains some 47 Model Questions from all chapters of the syllabus. Hope it may be helpful for students.
This document discusses the definition and development of law and schools of jurisprudence. It begins by defining law from various scholars' perspectives, such as a body of rules or standard of justice. It then discusses positivist and sociological definitions of law according to thinkers like Austin, Salmond, Bentham, Gray, Kelson, and Hart. The document also outlines the historical development of law from divine law and customs to codification by rulers like Hammurabi. Finally, it summarizes the major schools of jurisprudence - natural, analytical, historical, sociological, and realist/philosophical - and the centuries they were most prominent.
The document discusses several Dharma Sutras and Dharma Shastras, which are ancient Indian texts containing practical rules and guidelines on dharma (human conduct and duties) concerning various aspects of life such as social, religious, and legal matters. It provides overview of some key texts including Gautama Dharma Sutra, Baudhayana Dharma Sutra, Apastamba Dharma Sutra, Harita Dharma Sutras, Vasistha Dharma Sutra, Vishnu Dharma Sutra, Manu Smriti (Laws of Manu), Yajnavalkya Smriti, and Narada
1) Jurisprudence is defined as the study of law, including its meaning, types, and relationship to other social sciences.
2) There are two types of law: god-made (natural) law that is universal, and man-made (positive) law that is created by humans to regulate society. Jurisprudence focuses on positive law.
3) Positive law can be understood as "law as it is" - existing rules and statutes, or in the abstract - fundamental principles common across legal systems. Most contemporary jurists see jurisprudence as the study of law in the abstract sense rather than concrete statutes.
Under the School of law in Jurisprudence the concept of Natural school of law is an initial phase for the development of other school of law. In this power point the concept of natural school of law from its origin to the modern days is presented.
Understanding the evolution of law in societymjsoyfoo
This document provides an overview of the evolution of law in society from ancient times to modern times. It discusses how laws first emerged to regulate social interactions between individuals as societies grew larger. It then explains several influential legal theories and concepts such as natural law, social contract theory, rule of law, and separation of powers that have helped shape modern law. The document emphasizes how many modern legal principles can be traced back to ideas from ancient Greek and Roman philosophers as well as Enlightenment thinkers.
The document discusses the concept of rule of law from an ancient and modern perspective. It begins by defining the rule of law as the supremacy of law that applies equally to all people regardless of status. It then discusses how different philosophers have interpreted the idea of rule of law over time, notably Professor A.V. Dicey in the 19th century who proposed it has three core meanings: no punishment without legal basis, equality under the law, and rights protected by common law. However, the document notes Dicey's theory may not fully align with contemporary understanding of rule of law. In conclusion, it questions whether listing laws alone guarantees resolving issues or if Dicey's theory still applies given modern changes to societies.
title : Constitution and its characteristics bivekchaudhary4
The document defines and discusses the concept of a constitution. It states that a constitution is considered the supreme law as it determines which other laws are valid. A constitution sets out how political power is organized and exercised. It also lists some key characteristics of a good constitution, including clarity, brevity, flexibility, inclusion of human rights, and adult suffrage.
This document discusses legal personality and its origin and definitions. It begins by noting that law regulates the relationship between individuals and society, and that for something to be a legal person it must have rights and duties. It then discusses the origin of the term "legal personality" from Latin and its evolution to refer to living beings with rights and duties. The document defines legal persons as either natural persons (human beings) or artificial persons (entities other than human beings like corporations that have rights and duties). It provides Salmond's definition that a legal person is any being the law recognizes as capable of rights or duties. Finally, it notes the different legal statuses of unborn individuals, dead individuals, animals, and idols/mosques.
This document provides an overview of natural law theory, including its origins in ancient Greek philosophy and its development through thinkers like Aquinas, Grotius, and Locke. It discusses two main types of natural law theory: a theory of morality that argues moral propositions can be objectively true or false and are derived from human nature; and a theory of law that argues there is an overlap between law and morality such that legal validity depends at least partly on moral content. The document then examines conceptual naturalism as a form of natural law theory of law, outlining classical naturalism's view that human laws are only valid if consistent with natural law, deriving authority from it. It notes criticisms of conceptual naturalism but argues these
Friedrich Carl von Savigny was a 19th century German jurist who is considered the founder of the historical school of law. He argued that law develops organically over time based on the shared customs and beliefs of a people, which he termed the "Volksgeist" or national spirit. Savigny believed that any legal system is an expression of the Volksgeist of the nation to which it belongs. Codification of laws should not be undertaken hastily without first thoroughly studying the historical development of a people's legal traditions and customs, as reflected in their Volksgeist. Savigny's concept of Volksgeist had a major influence on legal theory and opposed the natural law school's view
Jurisprudence is the basic subject in law. It is the grammar of law, as it studies law as a whole through different theories, principles, and philosophical and sociological approach. Different jurists through their interpretations have evolved theories which helps us study the purpose and utility of laws around the world.
The document discusses several schools of jurisprudence including analytical, historical, and natural law schools. It provides an overview of prominent legal philosophers within each school. For the analytical school, it outlines Jeremy Bentham's utilitarian philosophy and John Austin's theory that law is the command of the sovereign. It also discusses H.L.A. Hart's contribution of distinguishing between primary and secondary rules. For the historical school, it summarizes Henry Maine's theory of the progression from status to contract. It then provides brief descriptions of other schools and thinkers such as legal positivism, natural law, and sociological jurisprudence.
This document summarizes several theories of jurisprudence:
1. Natural Law Theory defines principles of right and wrong that are considered to emanate from a supreme source like God or reason. It argues that unjust laws are not true laws. Critics say the concept of morality varies over time and place.
2. Marxist theory views law as a tool for the economically dominant class to exploit the oppressed class. Marx predicted society would evolve from capitalism to perfect communism with the elimination of classes and the withering away of law and the state.
3. Stammler's Natural Law with Variable Content holds that just law aims to preserve individual freedom within society, with the criteria of just law varying over time and place.
Law is defined as rules and regulations enforced by the state. Sources of law include usages, religion, commentaries from jurists, adjudication, equity, and legislation. There are different kinds of law such as constitutional law, statutes, executive decrees, common law, and ordinances. Law also operates in the private sphere between citizens and the public sphere regarding citizen-state relations.
John Austin is considered the father of analytical positivism. In his work Province of Jurisprudence Determined, he analyzed the English legal system and divided law into two parts - laws set by God and human laws set by men. According to Austin, law is the command of the sovereign, and there is no necessary connection between law and morality. Austin's theory views the legal system as a closed logical system defined by a sovereign, whose commands are backed by sanctions for disobedience. While influential, his theory overlooks customs and ignores precedent, and his notion of sovereignty has been challenged by modern legal systems.
According to Salmond the theory of sovereignty may be reduced to the following three fundamental propositions. He regards the first of these proposi¬tions as correct and the second and third without any solid foundation.
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.
This document provides an overview of Hans Kelsen's Pure Theory of Law. Some key points:
- Kelsen advocated a "pure" theory of law that distinguishes law from morals and facts.
- The theory views law as a hierarchical system of norms derived from a basic "grundnorm."
- The grundnorm is the hypothetical starting point that provides validity to the entire legal system.
- Kelsen's theory aims to reduce law to a science by removing non-legal factors, but it has been criticized for being too removed from social realities.
The document discusses different sources of law including custom, precedent, legislation, and morals/equity. It defines precedent as a previous case that can be used as an example for future cases. Precedents are established through the creative role of judges in resolving cases. Legislation refers to the promulgation of legal rules by an authority such as a parliament or legislature. Morals and equity are sources of law that are based on ethics, fairness, and equality.
Jurisprudence is the study of law and legal concepts. It has value in better understanding legal complexities and solving problems. There are several schools of jurisprudence including natural law, imperative theory, and legal realism. Jurisprudence is interrelated with other social sciences like sociology, psychology, ethics, economics, history, and political science. Understanding these relationships provides context to legal concepts. Jurisprudence helps with effective interpretation and application of law.
This document discusses the definition and development of law and schools of jurisprudence. It begins by defining law from various scholars' perspectives, such as a body of rules or standard of justice. It then discusses positivist and sociological definitions of law according to thinkers like Austin, Salmond, Bentham, Gray, Kelson, and Hart. The document also outlines the historical development of law from divine law and customs to codification by rulers like Hammurabi. Finally, it summarizes the major schools of jurisprudence - natural, analytical, historical, sociological, and realist/philosophical - and the centuries they were most prominent.
The document discusses several Dharma Sutras and Dharma Shastras, which are ancient Indian texts containing practical rules and guidelines on dharma (human conduct and duties) concerning various aspects of life such as social, religious, and legal matters. It provides overview of some key texts including Gautama Dharma Sutra, Baudhayana Dharma Sutra, Apastamba Dharma Sutra, Harita Dharma Sutras, Vasistha Dharma Sutra, Vishnu Dharma Sutra, Manu Smriti (Laws of Manu), Yajnavalkya Smriti, and Narada
1) Jurisprudence is defined as the study of law, including its meaning, types, and relationship to other social sciences.
2) There are two types of law: god-made (natural) law that is universal, and man-made (positive) law that is created by humans to regulate society. Jurisprudence focuses on positive law.
3) Positive law can be understood as "law as it is" - existing rules and statutes, or in the abstract - fundamental principles common across legal systems. Most contemporary jurists see jurisprudence as the study of law in the abstract sense rather than concrete statutes.
Under the School of law in Jurisprudence the concept of Natural school of law is an initial phase for the development of other school of law. In this power point the concept of natural school of law from its origin to the modern days is presented.
Understanding the evolution of law in societymjsoyfoo
This document provides an overview of the evolution of law in society from ancient times to modern times. It discusses how laws first emerged to regulate social interactions between individuals as societies grew larger. It then explains several influential legal theories and concepts such as natural law, social contract theory, rule of law, and separation of powers that have helped shape modern law. The document emphasizes how many modern legal principles can be traced back to ideas from ancient Greek and Roman philosophers as well as Enlightenment thinkers.
The document discusses the concept of rule of law from an ancient and modern perspective. It begins by defining the rule of law as the supremacy of law that applies equally to all people regardless of status. It then discusses how different philosophers have interpreted the idea of rule of law over time, notably Professor A.V. Dicey in the 19th century who proposed it has three core meanings: no punishment without legal basis, equality under the law, and rights protected by common law. However, the document notes Dicey's theory may not fully align with contemporary understanding of rule of law. In conclusion, it questions whether listing laws alone guarantees resolving issues or if Dicey's theory still applies given modern changes to societies.
title : Constitution and its characteristics bivekchaudhary4
The document defines and discusses the concept of a constitution. It states that a constitution is considered the supreme law as it determines which other laws are valid. A constitution sets out how political power is organized and exercised. It also lists some key characteristics of a good constitution, including clarity, brevity, flexibility, inclusion of human rights, and adult suffrage.
This document discusses legal personality and its origin and definitions. It begins by noting that law regulates the relationship between individuals and society, and that for something to be a legal person it must have rights and duties. It then discusses the origin of the term "legal personality" from Latin and its evolution to refer to living beings with rights and duties. The document defines legal persons as either natural persons (human beings) or artificial persons (entities other than human beings like corporations that have rights and duties). It provides Salmond's definition that a legal person is any being the law recognizes as capable of rights or duties. Finally, it notes the different legal statuses of unborn individuals, dead individuals, animals, and idols/mosques.
This document provides an overview of natural law theory, including its origins in ancient Greek philosophy and its development through thinkers like Aquinas, Grotius, and Locke. It discusses two main types of natural law theory: a theory of morality that argues moral propositions can be objectively true or false and are derived from human nature; and a theory of law that argues there is an overlap between law and morality such that legal validity depends at least partly on moral content. The document then examines conceptual naturalism as a form of natural law theory of law, outlining classical naturalism's view that human laws are only valid if consistent with natural law, deriving authority from it. It notes criticisms of conceptual naturalism but argues these
Friedrich Carl von Savigny was a 19th century German jurist who is considered the founder of the historical school of law. He argued that law develops organically over time based on the shared customs and beliefs of a people, which he termed the "Volksgeist" or national spirit. Savigny believed that any legal system is an expression of the Volksgeist of the nation to which it belongs. Codification of laws should not be undertaken hastily without first thoroughly studying the historical development of a people's legal traditions and customs, as reflected in their Volksgeist. Savigny's concept of Volksgeist had a major influence on legal theory and opposed the natural law school's view
Jurisprudence is the basic subject in law. It is the grammar of law, as it studies law as a whole through different theories, principles, and philosophical and sociological approach. Different jurists through their interpretations have evolved theories which helps us study the purpose and utility of laws around the world.
The document discusses several schools of jurisprudence including analytical, historical, and natural law schools. It provides an overview of prominent legal philosophers within each school. For the analytical school, it outlines Jeremy Bentham's utilitarian philosophy and John Austin's theory that law is the command of the sovereign. It also discusses H.L.A. Hart's contribution of distinguishing between primary and secondary rules. For the historical school, it summarizes Henry Maine's theory of the progression from status to contract. It then provides brief descriptions of other schools and thinkers such as legal positivism, natural law, and sociological jurisprudence.
This document summarizes several theories of jurisprudence:
1. Natural Law Theory defines principles of right and wrong that are considered to emanate from a supreme source like God or reason. It argues that unjust laws are not true laws. Critics say the concept of morality varies over time and place.
2. Marxist theory views law as a tool for the economically dominant class to exploit the oppressed class. Marx predicted society would evolve from capitalism to perfect communism with the elimination of classes and the withering away of law and the state.
3. Stammler's Natural Law with Variable Content holds that just law aims to preserve individual freedom within society, with the criteria of just law varying over time and place.
Law is defined as rules and regulations enforced by the state. Sources of law include usages, religion, commentaries from jurists, adjudication, equity, and legislation. There are different kinds of law such as constitutional law, statutes, executive decrees, common law, and ordinances. Law also operates in the private sphere between citizens and the public sphere regarding citizen-state relations.
John Austin is considered the father of analytical positivism. In his work Province of Jurisprudence Determined, he analyzed the English legal system and divided law into two parts - laws set by God and human laws set by men. According to Austin, law is the command of the sovereign, and there is no necessary connection between law and morality. Austin's theory views the legal system as a closed logical system defined by a sovereign, whose commands are backed by sanctions for disobedience. While influential, his theory overlooks customs and ignores precedent, and his notion of sovereignty has been challenged by modern legal systems.
According to Salmond the theory of sovereignty may be reduced to the following three fundamental propositions. He regards the first of these proposi¬tions as correct and the second and third without any solid foundation.
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.
This document provides an overview of Hans Kelsen's Pure Theory of Law. Some key points:
- Kelsen advocated a "pure" theory of law that distinguishes law from morals and facts.
- The theory views law as a hierarchical system of norms derived from a basic "grundnorm."
- The grundnorm is the hypothetical starting point that provides validity to the entire legal system.
- Kelsen's theory aims to reduce law to a science by removing non-legal factors, but it has been criticized for being too removed from social realities.
The document discusses different sources of law including custom, precedent, legislation, and morals/equity. It defines precedent as a previous case that can be used as an example for future cases. Precedents are established through the creative role of judges in resolving cases. Legislation refers to the promulgation of legal rules by an authority such as a parliament or legislature. Morals and equity are sources of law that are based on ethics, fairness, and equality.
Jurisprudence is the study of law and legal concepts. It has value in better understanding legal complexities and solving problems. There are several schools of jurisprudence including natural law, imperative theory, and legal realism. Jurisprudence is interrelated with other social sciences like sociology, psychology, ethics, economics, history, and political science. Understanding these relationships provides context to legal concepts. Jurisprudence helps with effective interpretation and application of law.
This document discusses the various sources of law. It identifies several formal and material sources of law. Formal sources include legislation, judicial precedent, and custom - which are authoritative sources that laws derive their validity from. Material sources are those that provide the substance or content of laws, and include historical sources like writings and unpublished works, as well as legal sources like legislation, precedent, and custom. The document also examines different classifications of sources put forth by legal theorists like Austin, Salmond and others. It notes there are debates around what should properly be considered a source of law.
This document discusses different perspectives on jurisprudence from various scholars. It covers natural law, analytical jurisprudence, historical jurisprudence, and the origins and basic tenets of different schools of thought. Some key points discussed include Savigny's view of law developing organically from a people's shared consciousness or "Volksgeist"; Austin establishing analytical jurisprudence by treating law as commands from a sovereign; and the historical school emerging in reaction to natural law theory.
Islamic law, or Sharia, originated from the teachings of the Quran and the Prophet Muhammad. It developed over centuries as Islamic legal scholars interpreted Sharia and adapted it to changing circumstances. By the 10th century, the classic Sharia took shape, covering religious, family, property, commercial, and criminal law. It was not a strict legal code but a body of religious scholarship that continued evolving. Modern influences like Western colonialism have led to reforms, but Sharia remains influential in many Muslim-majority nations.
The document discusses various topics related to legal systems and constitutions, including:
1. The definition of key concepts like law, rights, and morality.
2. Different schools of thought on law, such as positivism and the historical school.
3. Major legal systems like civil law, common law, and sharia law.
4. The sources and branches of law. It also discusses legal rights and how laws are applied.
5. The purpose and role of constitutions in establishing the structure and limits of government power. The constitution is considered the higher law of the land.
1933_Meaning Defn Utility and Scope Jurisprudence.docxashish371330
Jurisprudence refers to the study and systematic arrangement of general legal principles rather than specific statutes or branches of law. There is no universally agreed upon definition of jurisprudence, as different jurists have defined it in various ways over time. Modern views of jurisprudence have broadened its scope to include the study of concepts related to human order, conduct, and relationships within society and the state. Jurisprudence aims to understand law in its social, political, economic, and cultural contexts.
This document discusses the definitions and types of law, justice, and the administration of justice. It provides definitions of law from several scholars and thinkers. It also discusses the different types of law according to various legal theorists, including imperative law, natural law, and international law. Regarding justice, it discusses definitions from philosophers like Ulpian and Cicero. It then examines the administration of justice, including its meaning, origins, advantages like uniformity, and disadvantages like rigidity. Finally, it outlines the two main types of administration of justice - civil administration, which deals with civil disputes and rights, and criminal administration, which adjudicates criminal cases and aims to punish offenses.
The document provides an outline for a course on legal literacy in India. It aims to make students aware of India's legal system and key laws. The course is divided into 3 units: [1] the structure of India's legal system and courts, [2] an overview of important laws like the constitution, criminal code, and personal laws, and [3] how citizens can access legal aid and enforce their rights. Students will visit legal institutions and complete practical assignments like interviewing litigants or drafting legal documents. The course aims to give students a basic working knowledge of navigating the legal system and understanding their rights and duties.
Topic 1.2 Law and Legal Institutions in Medieval India Hindu Dynasties.pptxkhushbookumari378281
The document discusses the legal systems and judicial institutions of three Hindu dynasties that ruled parts of India during the medieval period - the Vijayanagara Empire, the Maratha Empire, and the Ahom Kingdom.
It describes the sources of law, types of courts, judicial procedures, and punishments under the Vijayanagara Empire. High courts were located at the capital and provincial governors administered justice locally. Civil cases were typically decided by local councils but could be appealed to royal courts. Punishments were often severe, including execution and dismemberment.
Under the Marathas, the Peshwa and Chief Justice held highest judicial powers. Petty cases went to local officials and important cases to qualified judges
This document summarizes different types of legal systems around the world. It discusses civil law, common law, socialist law, Islamic law, and the differences between substantive and procedural law. Civil law is the oldest surviving legal system and is followed in countries like Brazil, France and Germany. Common law developed from customs and case law in England and is now followed in countries like the US, Canada, and India. Socialist law is also called customary law and was followed in the former Soviet Union and other communist countries. Islamic law is based on religious documents and customs and is adopted in countries like Pakistan, Saudi Arabia and Iran.
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 lecture introduces key concepts of the Canadian legal system. It discusses why studying Canadian law is important, the role of law in a diverse country like Canada, and traditional theories of law. It defines important terms like constitutional monarchy, federalism, and the separation of powers among the judicial, legislative and executive branches of government. It also explains the rule of law and consensus and conflict views of how laws are made.
The document discusses the history and theories of natural law. It begins with the ancient Greek philosophers who saw law as closely related to justice and ethics. Key figures who developed early concepts of natural law include Heraclitus, Socrates, Plato, and Aristotle. In the medieval period, Thomas Aquinas gave a fourfold classification of laws including natural law. Major modern theorists discussed include Grotius, Hobbes, Stammler, Hart, and Finnis. Natural law has influenced legal systems in countries like the US, England, and India. Theories faced decline in the 19th century but saw revival in the 20th century.
Promoters play an important role in establishing a company by organizing capital, preparing legal documents, and bearing initial expenses. However, promoters have a fiduciary relationship with the company and cannot profit secretly from their position. Promoters are responsible for pre-incorporation contracts and must reimburse the company for any fraud, secret profits, or breach of trust. Upon registration of the company, the promoter's role is complete except if they issue a prospectus afterwards. The document discusses the legal responsibilities and status of promoters under company law.
The document outlines the key stages in forming a company:
1. The promotion stage involves preparing essential documents like the memorandum and articles of association.
2. The incorporation/registration stage where the company is formally registered by submitting documents like the memorandum, articles, and director information to the registrar.
3. After registration, the company can raise capital through issuing a prospectus or statement in lieu of prospectus for public companies and then commence its business operations upon receiving a certificate of business from the registrar.
A private company has several restrictions compared to a public company, including:
- Restricting the right to transfer shares
- Limiting membership to 50 people maximum
- Prohibiting any invitation to the public
A public company does not have these restrictions and has fewer procedural requirements compared to a private company, such as:
- Membership is unlimited
- Shares are freely transferable
- Can issue a prospectus and invite investment from the public
The key difference is that a private company provides more procedural relaxations while a public company has fewer restrictions but more disclosure requirements. Both have equal legal status as independent legal entities.
This document compares companies and partnerships across various factors such as legal status, liability, governance, and registration requirements. Key differences include:
- Companies have a distinct legal personality and perpetual succession while partnerships do not.
- Partners have unlimited liability for partnership debts but members of companies have limited liability.
- Partnerships are governed by partnership agreements while companies are governed by their memorandum and articles of association.
- Registration is optional for partnerships but mandatory for companies to obtain legal status and limited liability.
This document provides an overview of different types of companies under the Companies Ordinance 1984 in Pakistan. It discusses companies limited by shares, companies limited by guarantee, unlimited companies, and organizations not for profit. It notes that companies can be private or public. It also discusses associations not for profit, and the power of the Commission to dispense with "Limited" in the name of charitable companies. Examples of different types of companies are provided such as chartered companies, statutory companies, registered companies, single member companies, private companies, public companies, listed companies, companies limited by shares, companies limited by guarantee, home companies, foreign companies, and holding and subsidiary companies.
An agency is a contract that regulates the relationship between a principal and an agent. The principal is the person who authorizes another to act on their behalf as an agent. An agent is a person employed to act for or represent the principal in dealing with third parties. An agency can be created through agreement, estoppel, ratification, or operation of law. The duties of an agent include following the principal's directions, working with reasonable skill, compensating the principal, maintaining accounts, and communicating with the principal. An agency terminates through agreement between the parties, revocation, completion of the task, expiration of time, or circumstances such as death, insanity, insolvency, or a change in law.
Two or more partners can register their partnership firm under the Partnership Act of 1932. The application process involves filling out Form 1, providing a partnership deed signed by all partners, and paying a registration fee of Rs. 1000. Applicants must also submit copies of CNICs, proof of a business address, and an authority letter if an agent is applying on behalf of the partners. Once completed documents are submitted to the Assistant District Officer, the registration will be processed according to the Partnership Act if all prerequisites are met. The registrar will issue a registration certificate if satisfied with the documents.
This document discusses key aspects of partnership law, including:
1. The definition of partnership as a relation between persons sharing profits from a business carried on by agreement.
2. The four essential elements that must exist for a partnership: carrying on a business, agreement to share profits, business carried on by all or acting for all.
3. The importance of a partnership agreement which establishes terms, management regulations, and other provisions.
4. Examples of important provisions that should be included in a partnership agreement such as the name, nature of business, locations, partners, salaries, work divisions, profits, dealing bank, capital contributions, profit ratios, drawings, interest, admissions, goodwill, accounts, rights/dut
Ms. Calpana Lee wants to register a firm called "Thanga Bahnga Lee" with the Security and Exchange Commission of Pakistan Quetta, but they refused. She argued that companies and firms have the same legal status, so the registration forum does not matter. Students of the 6th semester LL.B program must complete an assignment examining Ms. Lee's statement as the legal advisor to SECP. The assignment must follow a prescribed format with sections for particulars, contents, the main 3-page body, and remarks, and must be handwritten, with an April 8th deadline.
This document summarizes different types of partnerships and their key characteristics. It describes general partnerships as those where all partners' liabilities are unlimited. Particular partnerships are formed for a specific project or time period. Partnerships at will have an unlimited time period. The document outlines that a partnership requires at least two people, is for business purposes only, involves mutual agency between partners and sharing of profits, and has unlimited liabilities for all partners. A limited partnership has at least one partner with unlimited liability and one or more with limited liability.
This document defines and explains the concept of bailment under contract law. It discusses:
1) Bailment involves the delivery of goods by the bailor to the bailee for a specific purpose, with an understanding the goods will be returned or disposed of as directed.
2) The bailor is the person delivering the goods and the bailee is the person receiving them. Bailment has certain essential elements to constitute a valid contract.
3) The document outlines the duties of both the bailor and bailee, as well as their respective rights. It also discusses how a bailment can be terminated.
This document provides an introduction to the subject of law of business organization. It outlines 9 key learning objectives: 1) to understand law, business, and organization, 2) the definition of law of business organization, 3) its nature and scope, 4) relevant laws, 5) the syllabus, and 6) the importance of business law. Business law regulates commercial activities and dealings through rules governing how to establish and run a business. It protects liberties, maintains order, resolves disputes, and establishes standards for business concerns and their interactions with government agencies and individuals. As infrastructure projects like CPEC develop, the significance of business law will increase considerably in Pakistan.
This document contains the results of the first quiz for the Introduction to Law course of the LL.B 1st semester. It lists the role numbers of 502 students and their individual scores on Quiz 1, Quiz 2, Quiz 3, Assignment 1, and Assignment 2. The lecturer is Munir Hussain from the University Law College in Quetta. It is dated October 31, 2020 and is regarding the results of the first quiz for Unit One of the Introduction to Law course.
This document appears to be a quiz for a law course, containing different types of questions about introductory legal concepts. It includes true/false questions with answers, multiple choice questions on topics like ancient law codes, and a matching exercise pairing answers with letters. The quiz was prepared by a lecturer and covers material for the first semester of an LL.B program.
The document contains the results of the first quiz for the Introduction to Law course of the LL.B 1st semester. It lists the role, student number, name, and marks of 501 students. It also provides the course code, standard, topic, and details of the lecturer and college. The results are dated October 17, 2020 and are subject to errors and omissions.
This document contains an answer key for a 1st quiz on introduction to law for an LL.B first semester course. The quiz contains 10 multiple choice questions and 5 matching questions covering topics like normative ethics, descriptive ethics, absolutism, and philosophers like Immanuel Kant and their contributions. The answer key provides the correct option selected for each question.
The document outlines the requirements for an assignment on ethics and its branches for an Introduction to Law course. Students must define key ethics terms and distinguish between teleological and deontological ethics on the main body page, which cannot exceed 5 pages. The assignment must follow a prescribed format with multiple pages and be submitted in printed form by October 20th, 2020 to be considered.
Hedonism is the belief that pleasure is the most important thing in life and that people act to gain pleasure and avoid pain. Religion can be defined in different ways but generally involves a belief in a higher power and a system of worship. People follow religions for reasons like achieving supernatural rewards and avoiding punishments. Morality involves distinguishing between right and wrong behavior, and is related to but distinct from religion which involves external or metaphysical influences. Laws represent societal views on morality but morality comes from personal views of right and wrong.
Morality refers to principles of right and wrong governing an individual's behavior. Ethics is a branch of philosophy dealing with moral principles and values relating to human conduct. The document discusses the concepts of morality and ethics, noting they are often used interchangeably but sometimes distinguished. Morality may refer more to personal principles while ethics refers to the standards of a community or profession. However, ethicists today generally use the terms interchangeably without distinguishing between them. The key aspects are that both morality and ethics concern principles of right and wrong behavior.
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Outlines
1. Subject: Introduction to Law
Standard: LL.B Semester - 1
Topic: Course code LL.B 115(Outlines )
MUNIR HUSSAIN
Lecturer
UNIVERSITY LAW COLLEGE
QUETTA
www.facebook.com/pages/Corridor-to-Commercial-Law
Divine Entity. Divine Energy .Morality. Ethics . Religion. Law . Comparison.
Hedonistic characteristics. Sanction. Need of law. Purpose of Law.
Development of Law. State of Nature. Pre state society. Social Contract Theory.
State .etc
Key words .Law. Act. Rules .Statute. Ordinance .Offence. Crime. Contract, Tort
.Constitution .Jurisprudence. Usul _al_ Fiqa .Sharia .Fiqa .Precedent . Justice.
. Rule of Law .Separation of Powers .Judicial Review.. Aristocracy .monarchy,
Principles of Natural justice .Sovereign. etc
Typology of law. Divine law . Natural l aw .man made law. Customary law.
Physical law .International law. Municipal law. Public law .Private law. Civil law.
Criminal law. Constitutional law .Administrative law .General law .Special law.
Martial law .Substantive law . Procedural law .Remedial law. Islamic law.etc
Sources of English law. Legislation .supreme and subordinate
Legislation. Precedents and its typology .Customs .Treaties .Conventions.
Juristic Work. etc.
Nature and scope of law. Different legal theories, Natural law theory,
Imperative Theory of law. Legal realism, law is a system of rules .etc
Prominent jurists and their contribution. Salmon. H L A Hart, Austin ,Bentham.
kelson. Imam Jafer Sadiq ,Imam Abu Hanifa ,imam Malik, Imam Humble ,
Imam Shafie. etc
Sources of Islamic law. Quran .Sunah.Hadit. Ijma .Qiyas .Istihsan .
Ijtihad .Mujtahid. Islamic schools of thought. etc
Islamic concept of state. sovereignty. act . Hukm. Obligation. Right of men .
Right of God . Hudd and Tazir .etc
, Administration of Justice, State and its typology. Government, typology of govt,
Concept of Punishment, Theories of punishment .justice and its typology.etc
Person .Typology of person .Legal status of a person .Rights and Liabilities,
Ownership and possession .etc
Unit-1
Unit-2
Unit-3
Unit-4
Unit-5
Unit-6
Unit-7
Unit-8
Unit-9
Unit-10
1. Denning, Lord. The Discipline of Law. London: Butterworths, 1979.
2. Dworkin, Ronald. Taking Rights Seriously. London: Duckworth, 1977.
3. Fuller, Lon L. The Morality of Law, (re.). Delhi: Universal, 2009. (5th I rpt.).
4. Harris, Phil, An Introduction to Law, 7th edn. Cambridge: Cambridge University Press, 2007.
5. Hart, H L A, The Concept of Law, 2nd edn. Oxford: OUP, 1997.
6. Posner Richard A. Overcoming Law. Delhi: Universal, 2007 (I.rpt.).
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