The study of jurisprudence has intrinsic value as serious scholarship that can improve society through its influence on legal, political, and social thought. It helps develop concepts to make law more rational and manageable, with the goal of improving legal practice. Jurisprudence also has educational value in developing lawyers' logical analysis and reasoning skills, and combats a narrow focus only on legal rules. Studying jurisprudence further helps contextualize law by considering societal needs and advances in related fields. It trains lawyers to approach new legal problems by considering present social requirements rather than just past wisdom.
Legitimacy, Legitimation and Adoption under Private International Lawcarolineelias239
For matters concerning children, and their succeeding rights over parental property is being questioned on the basis of legitimacy or illegitimacy. Legitimation is allowed to convert the status of illegitimacy ti legitimate. Adoption also assures the welfare of the children.
this is my assignment for equity in my college, hope this will help you.
this contains the topics what is equity?, development of equity , the position of equity in India, the important maxims of equity along with case laws,
Legitimacy, Legitimation and Adoption under Private International Lawcarolineelias239
For matters concerning children, and their succeeding rights over parental property is being questioned on the basis of legitimacy or illegitimacy. Legitimation is allowed to convert the status of illegitimacy ti legitimate. Adoption also assures the welfare of the children.
this is my assignment for equity in my college, hope this will help you.
this contains the topics what is equity?, development of equity , the position of equity in India, the important maxims of equity along with case laws,
Private International Law and Crucial Role of Personal Connecting FactorsFadzliRohami1
Private International Law encompasses both conflicts of law and the unification of substantive law. The issues addressed cover a broad variety of legal concerns. They cover a wide range of subjects, such as child abduction, wills and trusts, sales contracts, negotiable instruments, the enforcement of foreign judgments and the taking of evidence abduction
Private International Law and Crucial Role of Personal Connecting FactorsFadzliRohami1
Private International Law encompasses both conflicts of law and the unification of substantive law. The issues addressed cover a broad variety of legal concerns. They cover a wide range of subjects, such as child abduction, wills and trusts, sales contracts, negotiable instruments, the enforcement of foreign judgments and the taking of evidence abduction
1. Write an explanatory note on ‘socio-legal research’.
2. Discuss in detail the various types of legal research and their importance.
3. Relevance of Empirical legal research.
4. Briefly discuss the induction and deduction method.
LLB LAW NOTES ON JURISPRUDENCE LEGAL THEORY
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Debate on the Quality of Judicial Decisions (from Theory to Practice)AJHSSR Journal
ABSTRACT : The judicial decision is much more than compliance with legal norms, the judicial production of the law itself is present.
There are methods to optimize judgment by granting it reliability, but the study-debate on optimization mechanisms have been continually
disregarded. The process of judicial decision-making is one of the most complex, since this decision escapes in its essence the Theory and
Philosophy of Law and fits more deeply into the intimacy of the "agent" of the decision whose universe is to be understood. The authority it
judges fulfils a duty of State and at the same time exercises a flexible part of its own obligations and limits in the isolation of its
individuality and under the flow of procedures that hang between the content of the decision and its formal externalization, the
judgment.The theme of the judicial decision on which this reflection intends to delimit the epistemic fields that law faces: the problem of
unlimited space that contemplates the debate on the rational production of decisions and aims to contribute to the advancement of the bases
of theoretical and practical rigor necessary for the constitution of a Theory of Judicial Decision. This research seeks to visualize the
growing, complex and sophisticated context in which Western democracies have witnessed the increase of rational demands for the
improvement of human rights guarantee institutions.
KEYWORDS: Secrecy of Justice, Freedom, Ethics, Judicial Decision, Performance Indicators of Judicial Decision (KPi's).
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.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
2. 1) This subject has its own intrinsic interest and value because
this is a subject of serious scholarship and research;
researchers in Jurisprudence contribute to the development of
society by having repercussions in the whole legal, political and
social school of thoughts. One of the tasks of this subject is to
construct and elucidate concepts serving to render the
complexities of law more manageable and more rational. It is
the belief of this subject that the theory can help to improve
practice.
2) Jurisprudence also has an educational value. It helps in the
logical analysis of the legal concepts and it sharpens the logical
techniques of the lawyer. The study of jurisprudence helps to
combat the lawyer’s occupational view of formalism which
leads to excessive concentration on legal rules for their own
sake and disregard of the social function of the law.
Contd...
2/5
3. 3) The study of jurisprudence helps to put law in its proper
context by considering the needs of the society and by taking
note of the advances in related and relevant disciplines.
4) Jurisprudence can teach the people to look if not forward, at
least sideways and around them and realize that answers to a
new legal problem must be found by a consideration of present
social needs and not in the wisdom of the past.
5) Jurisprudence is the eye of law and the grammar of law
because it throws light on basic ideas and fundamental
principles of law. Therefore, by understanding the nature of
law, its concepts and distinctions, a lawyer can find out the
actual rule of law. It also helps in knowing the language,
grammar, the basis of treatment and assumptions upon which
the subject rests. Therefore, some logical training is necessary
for a lawyer which he can find from the study of Jurisprudence.
3
3/5 Contd...
4. 6) It trains the critical faculties of the mind of the students so that
they can dictate fallacies and use accurate legal terminology
and expression.
7) It helps a lawyer in his practical work. A lawyer always has to
tackle new problems every day. This he can handle through his
knowledge of Jurisprudence which trains his mind to find
alternative legal channels of thought.
8) Jurisprudence helps the judges and lawyers in ascertaining the
true meaning of the laws passed by the legislators by providing
the rules of interpretation. Therefore, the study of
jurisprudence should not be confined to the study of positive
laws but also must include normative study i.e. that study
should deal with the improvement of law in the context of
prevailing socioeconomic and political philosophies of time,
place and circumstances.
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4/5 Contd...
5. 9) Professor Dias said that “The study of jurisprudence is an
opportunity for the lawyer to bring theory and life into focus,
for it concerns human thought in relation to social existence”.
10)Holland’s Definition- Jurisprudence means the formal science
of positive laws. It is an analytical science rather than a
material science.
11)Roscoe Pound- He described Jurisprudence as the science of
law using the term ‘law’ in juridical sense as denoting the body
of principles recognized or enforced by public and regular
tribunals in the Administration of Justice.
12)John Austin- He said that “Science of Jurisprudence is
concerned with Positive Laws i.e. laws strictly so called. It has
nothing to do with the goodness or badness of law.
13)Thus, we see that there can be no goodness or badness in law.
Law is made by the State so there could be nothing good or bad
about it. Jurisprudence is nothing but the science of law.
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5/5 The End...