Category Archives: Jurisprudence

Jurisprudence

Jurisprudence: Meaning, Importance and Indian Perspective

Jurisprudence: Meaning, Importance and Indian Perspective | Overview Definition and Meaning Jurisprudence versus Legal Theory Evolution Importance Indian Perspective Conclusion Jurisprudence is the study of the Theory and Philosophy of Law. This article focuses on factual information concerning the subject. There are several ideas with regards to the meaning of jurisprudence and its nature. Definition and Meaning The… Read More »

Relation between Law and Morality

Several jurists and thinkers have often deliberated upon the unique relationship between law and morality. While positivists have strongly contended that law should be studied in complete isolation from ideas such as that of morality, there is a general agreement amongst law-makers regarding the important part played by morals in effective law-making. Let us evaluate the relation between… Read More »

Criticism of Austin’s Theory of Positivism

Criticism of Austin’s Theory of Positivism | Overview Bentham’s Positivism Austin’s Positivism Criticism of Austin’s Positivism Universality Identification of a “Commander” Continuity of Law Real Law Procedural Requirements Conclusion This article focuses on the criticism of Austin theory of positivism, Several thinkers and jurists have compared the views of Austin with those of Bentham and have concluded that… Read More »

Notion of Otherness and the Politics of Difference

The notion of otherness and politics of difference is often used to explain the concept and nature of social justice. Various theories of justice have argued upon philosophical thoughts and ideas. Based on such theories, the states generally focus on ensuring that there is equality in distribution and access to its resources. This has led to the restriction… Read More »

Sociological School of Jurisprudence

Sociological School of Jurisprudence | Overview Duguit (1859-1928) Rudolf von Ihering (1818-1898) Roscoe Pound (1870-1964) Theory of Social Engineering Private Interests Public Interests Social Interests Conclusion The sociological school of jurisprudence started dominating over the other schools in the initial years of the 20th Century. It aims to study the circumstances that led to the emergence of legal… Read More »

Kelsen’s Pure Theory of Law & HLA Hart’s Theory

Kelsen’s Pure Theory of Law & HLA Hart’s Theory | Overview Kelsen’s Pure Theory of Law Premises The Basic Norm (Grundnorm) Implications of the Pure Theory Criticism H.L.A. Hart’s theory Defects in Primary Rules Remedies for the Defects “Internal Aspect” of Law This article deals with Kelsen’s Pure Theory of Law & HLA Hart’s Theory. Kelsen distinguished between legal… Read More »

Historical School of Jurisprudence

Historical School of Jurisprudence | Overview Montesquieu F. K. Von Savigny (1779-1861) Sir Henry Maine (1822-1888) Estimate of Historical School Comparison between Historical School and Analytical School Distinction between Legal History and Historical School Historical school of jurisprudence deals with the origin and development of the general principles of law as well as certain important legal principles which… Read More »

Law and Justice

The relation between Law and Justice is quite intimate and complex. ‘Justice’ is a term which is capable of multiple interpretations and definitions. This article aims to analyse the correlation between Law and Justice. It has always been recognized that the purpose of the law is to ensure the effective administration of justice. Several jurists have opined that… Read More »

Role of Culture in Constitutionalism

This article deals with the role of culture in constitutionalism. The rule of law , in a constitutional state , prevails not because of any politically superior authority but because of the confidence that the people have in the legal system of the country. This particular argument calls for an examination of the role of culture in constitutionalism.  A democratic state… Read More »

Natural Law School

Natural Law School | Overview Introduction History Greece Socrates Plato Aristotle Rome India Natural Law and Social Contract Hugo Grotius Thomas Hobbes John Locke Rousseau Kant Decline Revival Heraclitus observed a certain rhythm in events and termed it as “destiny, order, and reason of the world.” With this, he laid down the basis of natural law. Nature, according to the Greeks, refers to… Read More »