Jurisprudence Module 1.pptx Siurces of law

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1. JURISPRUDENCE Introduction MODULE I

2. OUTLINE FOR MODULE I Jurisprudence: Meaning, Scope and Significance Law - Various Definitions, Nature of Law State: Elements of a State Classification of Law Ratio Decidendi , Obiter Dictum Nature of Legal and Judicial Process- Declaratory and Legislative Theories Justice, Equity and Good Conscience Indian Legal System - Hierarchy

3. CONCEPT OF LAW A law student is at the outset faced with the question ‘what is law?’ This is a complex question and has no simple answer.

4. What is Law? Is Law a system, a set of rules or a part of culture? What is Law made of? Where do you find Law? Can there be a society without Law? What makes Law a system? Can you say that an individual’s perspective influences notions of Law. Can we associate Law with Morality? Can we detach law and order?

5. What is Law?

6. Cont.

7. Cont.

8. UNDERSTANDING LAW Law in its most general and comprehensive sense means any rule of action and which includes any standard or pattern to which actions are or ought to be conformed. Law is rule of human conduct, imposed and enforced by State dealing with rules concerning external behavior of subjects. An instrument which helps the people to co - exist peacefully in orderly manner.

9. WHAT IS LAW? Law provides rules It tells us what we can and cannot do This is true in our personal lives ( Eg : Criminal law) And in our business lives ( Eg : Contract law) Therefore, it is important for a business person to know the rules which apply to them

10. WHAT IS LAW? However, law is more than just rules Societies require order to allow people to live and deal with each other Law is a means of creating and maintaining social order It does this by helping to deal with arguments and conflicts

11. LAW: DEFINITIONS Holland: It is a proposition commanding the doing or abstaining from doing certain classes of acts, disobedience to which is followed or likely to be followed, by some form of penalty or inconvenience. Blackstone: Law signifies a rule of action which is indiscriminately applied to all kinds of actions, whether rational or irrational. Therefore, law is applied to observe uniformity of actions.

12. LAW: DEFINITIONS Salmond : Law is the body of principles recognized and applied by the state in the administration of justice. It is code of conduct established and enforced by the State. Professor Goodhart : Those rules of conduct on which the existence of the society is based and the violation of which, in consequence, tends to invalidate the existence of the society.

13. LAW: DEFINITIONS Austin: Law is a command of sovereign which imposes duty and which is backed by the sanction

14. DIFFERENCE BETWEEN ‘A LAW’ AND ‘THE LAW’ ‘The Law’: L egal system in totality or the legal system operating in a country, ‘A Law’: Any particular statute or legislation in its isolated form.

15. DIFFICULTIES IN DEFINING LAW Every society has law in some form Diversity of meaning of law Law is a social science

16. FUNCTIONS OF LAW Law is not an end but a means in itself Instrument to secure justice: Distributive, Corrective and Social Uniformity Impartiality Rule of Law Stability and security of social order

17. THREE IMPORTANT FUNCTIONS

18. NATURE OF LAW Law as preservation of order Law as platform for human co-operation Law as medium of dispute resolution Law as tool of domination Law as mechanism for social engineering

19. NATURE OF LAW Law as bulwark of morality Law as regulation of governmental powers Law as protection of individual freedom Law as attainment of justice

20. The purpose of a legal system is to provide a mechanism for dispute resolution

21. IMPORTANCE OF LAW Subserves a social purpose Instrument of bring order Reflect ideologies and ideas of a society Establishment of an egalitarian society Resilience to cope with the demands of future Reflection of aspirations of people

22. LIMITATIONS OF LAW What law could not achieve What law should not interfere with Law may not be the best option

23. CLASSIFICATION OF LAW Imperative Law : Divine and Human Law Natural Law Civil and Common Law International and Municipal Law: Public and Private Public Law: Constitutional, Administrative and Criminal Substantive and Procedural Law

24. Ratio Decidendi Latin for “ the reason for the decision ” The legal principle or rule of law on which a court’s decision is based Binding part of a judicial precedent that lower courts must follow under the doctrine of stare decisis Donoghue v. Stevenson (1932) - manufacturers owe a duty of care to the ultimate consumers of their products

25. Obiter Dictum Latin for “ something said by the way ” Remarks, observations or opinions made by a judge in a judgment that are not essential to the decision Not binding but may have persuasive value in later cases Keshavananda Bharati v. State of Kerala (1973) - Judges discussed hypothetical limits of legislative power and potential future cases about the basic structure.

26. Key Differences Aspect Ratio Decidendi Obiter Dictum Definition Legal principle essential to the decision Remarks or opinions incidental to the decision Binding Nature Binding on lower courts Not binding but may be persuasive Relevance to Decision Directly impacts the outcome Does not impact the outcome Purpose Forms the precedent Provides additional insights or context Key Differences:

27. Elements of State Article 1 Montevideo Convention on the Rights and Duties of States (1933): The state as a person of international law should possess the following qualifications: a permanent population; a defined territory; government; and capacity to enter into relations with the other states

28. Elements of State Article 1 Montevideo Convention on the Rights and Duties of States (1933): The state as a person of international law should possess the following qualifications: a permanent population; a defined territory; government; and capacity to enter into relations with the other states