Category Archives: Jurisprudence

Jurisprudence

Nature & Definition of Law

Nature & Definition of Law | Overview Ideological Definitions Roman Definitions Ancient Indian Definitions Modern Definitions Positivistic Definition Sociological Definitions Realistic Definitions Nature of Law Law forms the subject matter of jurisprudence. Therefore, it is essential to examine the nature and definition of law. Many jurists have argued that there exists no exact definition of law. They have… Read More »

Marxism and the Element of Ideology in Law

Marxism is essentially a critique of the liberal ideology and capitalism. It categorizes the society into two groups- the oppressed (proletariat) and the oppressors (bourgeoisie). It views the class conflict in a capitalist society as a product of the clash of material interests between the aforesaid groups. The Marxist theory is regarded as a theory of orthodox socialism… Read More »

Legal Realism – American Realism and the Scandinavian Realists

Legal Realism – American Realism and the Scandinavian Realists | Overview American Realism Gray (1839-1915) Justice Holmes (1841-1935) Jerome Frank (1889-1957) Carl N. Llewellyn (1893-1962) Scandinavian Realists Hagerstorm (1868-1939) Olivercrona (1897-1980) Ross (1899- 1979) A.V. Lundstedt Unlike the sociological school, legal realism is mostly unconcerned with the ends of the law. The movement is known as the “realist” movement for it aims to… Read More »

Different Approaches towards the Study of Jurisprudence

Different Approaches towards the Study of Jurisprudence | Overview Introduction Classical Approach Roman Thought Greek Thought Reformation Approach Rationalism Approach Modern Approach Conclusion The different approaches towards the study of jurisprudence have led to the emergence of different schools of jurisprudence. The article emphasizes on analyzing different approached towards the study of jurisprudence. Introduction With the passage of time,… Read More »

Ownership: Definition, Concept and Kinds

Ownership: Definition, Concept and Kinds | Overview Meaning & Definition Essentials of Ownership Subject Matter of Ownership Modes of Acquisition Kinds of Ownership Meaning & Definition Ownership refers to the relation that a person has with an object that he owns. It is an aggregate of all the rights that he has with regards to the said object.… Read More »

Sources of Law

Sources of Law | Overview Meaning Classification Salmond’s Classification Keeton’s Classification Common Sources of Law Judicial precedents Customs Professional opinions and Juristic writings Conclusion The common sources of law are codified laws, judicial precedents, customs, juristic writings, expert opinions, morality and equity. With the growing popularity of the idea of constitutionalism, legislations and precedents occupy the centre position amongst… Read More »

Kinds of Property

Kinds of Property | Overview Kinds of Property Corporeal Property Immovable Property Movable Property Incorporeal Property Jura in re propria Jura in re aliena According to Salmond, substantive civil law consists of the law of property, the law of obligations and law of statutes. Law of property consists of rights against the whole world and, therefore, they are… Read More »

Relation between Possession and Ownership

Relation between Possession and Ownership | Overview Nature Subject-matter Possession without ownership Ownership without possession Duration Possession as Evidence of Ownership Modes of Acquisition Possession in law recognizes the right to possession of a person even if he is not in physical possession of the object. Ownership, on the other hand, is a purely legal concept. Thus, the nature of both concepts is such that they complement and supplement each… Read More »

Possession: Definition, Concept & Importance

Possession: Definition, Concept & Importance | Overview Definition Types of Possession Possession in Fact Possession in Law Elements of Possession Corpus of possession (corpus possessions) Animus Possidendi Importance This article explains the concept of Possession including the definition and its importance. Possession is one of the most essential concepts in human life. It is legal as well as… Read More »

Jurisprudence & Other Social Sciences: Evaluating the Interrelation

Jurisprudence & Other Social Sciences: Evaluating the Interrelation | Overview Introduction Jurisprudence and Sociology Jurisprudence and Psychology Jurisprudence and Ethics Jurisprudence and Economics Jurisprudence and History Jurisprudence and Political Science Conclusion This article evaluates the interrelation of jurisprudence with other social sciences. The various social sciences are deeply inter-related. This makes it impossible to study a single social… Read More »