Jurisprudence PDF

JURISPRUDENCE  WHAT IS JURISPRUDENCE ? The understanding and practical application of law is referred to as jurisprudence. The word "juris" denotes law and "prudentia" denotes skill or knowledge. Oxford Dictionary: ‘Jurisprudence’ is the systematic and formulated knowledge or the science of h...

JURISPRUDENCE  WHAT IS JURISPRUDENCE ? The understanding and practical application of law is referred to as jurisprudence. The word "juris" denotes law and "prudentia" denotes skill or knowledge. Oxford Dictionary: ‘Jurisprudence’ is the systematic and formulated knowledge or the science of human law  SOCIAL CONTRACT THEORY LEGAL DISTRIBUTIVE POSITIVISM JUSTICE THEORY NATURAL UTALITARIAN LAW THEORY Natural law theory believes that there is a higher law created by nature and applies to all human beings. The key idea behind natural law is an objective morality, moral obligation, moral principles, or a moral force independent of human opinion. This objective morality can be discovered through reason and is the foundation of all human laws and not through legal rules. Distributive justice is concerned with the measurements that should be used to allocate the resources of the society. It also decides fair distribution of the burdens and benefits of social cooperation among persons with various needs and claims. Legal positivism theory believes that there is no higher law than the law created by humans. The substance of social contract theory is that state is the result of an agreement entered into by men who originally had no governmental organization. In the first period there was no government and no law. The people lived in a state of nature. After some time they decided to set up a state. That they did by means of a contract. SCHOOLS OF JURISPRUDENCE SOCIOLOGICAL SCHOOL NATURAL SCHOOL ANALYTICAL SCHOOL HISTORICAL SCHOOL Analytical school: It is also known as the Imperative School, as it considers law as the direction or command of the sovereign and the Positivist School, as its proponents are only concerned with law as it exists presently and not with its past or future. The Sociological School of Jurisprudence posits that law is a social scenery and it directly or indirectly relates to society. This school‟s main focus is to balance the welfare of the state and the individual and it believes that the present-day socio-economic problems cannot be solved by existing laws. Historical School: The historical school believes that law is made by people in response to their changing needs and that it is an outcome of the development of society. The law originates from the conventions, customs, religious principles and economic needs of the people. The basic source of the historical school is custom. Natural School posits that legal philosophy should be based on ethical values in order to encourage people to live uprightly. The purpose of law, according to this school, is to maintain social harmony, preserve law and order in society and justify legal restrictions only if they promote individual freedom. Roscoe Pound‟s Theory of Social Engineering: According to Pound, the main objective of law should be to satisfy the maximum number of wants with the minimum amount of friction. He also developed the theory of social engineering, which seeks to balance competing interests in society by protecting various interests through the law. Pawnor Pawnee SOURCES OF LAW  CUSTOMS AS A SOURCE OF LAW  Customs, traditions, norms and values play important role in establishment of law  Customs can be defined as unwritten rules or practices that are widely followed by people and have obligatory nature.  All customs cannot be recognised as a law. There are some essentials that customs must possess to be eligible of becoming a law. The essentials are:  Customs must be practicing for a long period of time (antiquity).  It must be known to all not practice secretly.  It need to be reasonable in nature  Custom must not be opposite to prevailing legislation. There are several cases where customs are abrogated by law (e.g. Child marriage, dowry, etc.). LEGISLATION AS A SOURCE PRECEDENT AS A SOURCE OF OF LAW LAW Legislation means making the Judicial precedent simply law means previous decided Legislation can be divided into judgments. It is binding on two parts: supreme legislation lower court. Judicial and subordinate legislation. Precedent is binding in nature. Supreme legislation means law It is hierarchical in nature as passed by Parliament. authority is seen while Subordinate legislation is determining who has to follow made by authorities who are whose judgement. It is also subordinate to the supreme known as judge made law. authority or the delegated Judge plays important role in authority of the sovereign. widening the law.  WHO ARE NATURAL WHO ARE JURISTIC PERSONS? PERSONS? Natural persons are Juristic persons are living beings those who by virtue of They have natural law are considered as rights and duties person such as a body intrinsic upon their corporate registered birth on the land of under companies Act their birth or any other law for the time being in force, any association etc.  LEGAL STATUS OF PERSONS  A child in mother‟s womb is by legal fiction regarded as LEGAL STATUS OF already born. If he is born alive, he will have a legal UNBORN PERSON status. Thus, a gift may be made to a child who is still in the mother‟s womb. a) Sub-agent Dead men are no longer persons in the eyes of the law. They cease to have rights since they cease to have any Classes LEGAL STATUS OFof interests nor do they have any duties. A dead man‟s corpse is not „property‟ in the eyes of law. Though the Agents DEAD MAN dead man‟s corpse is the property of no one, the law, b) Substituted however, seeks to ensure its decent burial or cremation. Agent Law does not recognize animals as persons because they are merely things and have no natural or legal rights. LEGAL STATUS OF They are regarded as merely objects of legal rights and ANIMALS duties, but never the subjects of them. That is why their interests are not recognized by law.  Jallikattu as “a tool for conserving this precious indigenous breed of livestock,” there is no justification for Jallikattu as part of culture and equate it with JALLIKATTU practices such as sati and dowry, which were also once FEST recognized as part of culture but have since been a) Sub-agent abolished through legislation emphasizes the importance of preventing cruelty to animals and upholding statutory law. Classes of Agents When a river is recognized as a legal person, its LEGAL STATUS b) inviolable basic right will be Substituted the right to flow freely. The Ganges river in India has been granted the status GIVEN TO of a human entity, possessing theAgent same legal rights as HOLY individuals. Citing Article 48-A and 51A(g) of the Indian RIVERS & Constitution, which emphasizes the state's duty to protect and improve the natural environment, including BOOKS rivers C CONCEPT OF OWNERSHIP & POSSESSION “OWNERSHIP" refers to a legal right that is enforceable against all those who are bound by the law. This right allows the owner to use something of an indefinite nature. NATURE OF OWNERSHIP  Unrestricted usage of thing owned  Unrestricted disposition of thing owned as per his will only  The right to possess the thing is with the owner only. However, he may actually or constructively possess it  The owner has the right to alienate the property as well as the right to destroy it. POSSESSION It the prima facie evidence of ownership, called as nine out of ten points of law, meaning that there is a presumption that the possessor of a thing is the owner of it and the other claimants in order to have that thing must prove their title or better possessory right.  RELATIONSHIP BETWEEN OWNERSHIP & POSSESSION Ownership always tries to realise itself in possession The phrase "possession is nine and conversely, possession point of ownership" implies that tries to justify itself into if you truly possess something, ownership. you are more likely to assert ownership than someone who merely claims it. ADVERSE POSSESSION  ESSENTIALS OF ADVERSE POSSESSION Section 3 of the Limitation Act says that Court will not take cognizance of any suit, which is barred by limitation even if issue of limitation is not taken as a defense. Thus, the law of limitation bars remedy but not the right. section 27 of Limitation Act is an exception to the general principle of law of limitation and thus, originates the concept of Adverse possession. Property :There must be certain property, which may be movable or immovable. The possession by the person must be uninterrupted and continuous. The property possessed by the person should be hostile towards the owner. They should possess and use the property just like the owner and the original owner of the property should be aware of the same. The possessor shall use the property in complete disagreement or the opposition of the owner.  If a person fails to file suit for recovery of possession, within a period of limitation, his right to recover the possession of that property also extinguishes.  If such situation occurs, a true owner extinguishes his ownership over the property. But at the same time property can not be left owner less.  It must be in the name of any other person who must have been entitled to have a right over it. This situation gives origin to the concept of adverse possession.  If any person possesses any property in adverse to the interest of true owner and true owner fails to file a suit for recovery of possession within a period of limitation, then the person in possession becomes owner of property by way of adverse possession.  Test Prep Simplified…. Subscribe to Our Channel “hitbullseye”