Introduction – The present crisis in the Indian legal system is due to its complete dependence on colonial jurisprudence. India has inherited, as a hangover of the British rule, the theory an…
Jurisprudence
Jurisprudence
CONCEPT OF LEGAL RIGHTS
CONCEPT OF LEGAL RIGHTS Meaning, Definition and Concept of Right In English law, right means that which is straight and not crooked. It is an opposition from the wrong which is twisted from the str…
Renaissance Period of Natural Law
The word ‘Jurisprudence’ is derived from the Latin word ‘jurisprudentia’. This means ‘knowledge of the law’. The Latin word ‘juris’ means law and ‘prudential’ means skill or…
Ownership
OWNERSHIP Salmond on Ownership Ownership denotes the relationship between a person and an object forming the subject-matter of his ownership. It consists in a complex of rights, all of which are ri…
Schools of Jurisprudence
Schools of Jurisprudence There are basically five schools of jurisprudence:- Philosophical school or Natural law school Analytical School Historical School Sociological School Realist School Philos…
MEANING NATURE AND SCOPE OF JURISPRUDENCE
MEANING NATURE AND SCOPE OF JURISPRUDENCE What is Jurisprudence? There is no universal or uniform definition of Jurisprudence since people have different ideologies and notions throughout the world…
Legislation and its Types
Introduction “Legis” means law and “latum” means making. Legislation means lawmaking. It also refers to the law made by the legislature. It may also be defined as the promul…
LEGAL CONCEPT of Legal Rights and Duties
Legal Rights and Duties Legal rights are, clearly, rights which exist under the rules of legal systems or by virtue of decisions of suitably authoritative bodies within them. According to positivis…
SOURCES OF LAW
Analytical Positivist School of Thought- Austin said that the term ‘source of law’has three different meanings: This term refers to immediate or direct author of the law which means thesovereign in…
THEORIES OF JURISTIC PERSONALITY
Ethical Natural law philosophers of the 17th and 18th centuries as well as the metaphysical theorists of 19th century postulated the concept of will as an essential requirement for exercising legal…
ADMINISTRATION OF JUSTICE
Views of Theorists on the ‘Importance of Justice’– Salmond– Salmond said that the ‘Definition of law itself reflects that Administration of Justice has to be done by the state on the ba…
OBITER DICTA
The judge may go on to speculate about what his decision would or might have been if the facts of the case had been different. This is an obiter dictum. The binding part of a judicial decision is t…
PRECEDENT
Precedent means judgment or decision of a court of law cited as an authority for the legal principle embodied in it. The doctrine of precedent which is also known as stare decisis, i.e. stand by t…
RATIO DECIDENDI
When we say that a judicial decision is binding as a precedent, what we really mean is that a rule or principle formulated and applied in that decision must be applied when similar facts arise in f…