Category Archives: Jurisprudence

Jurisprudence

Hohfeld’s Theory of Jural Relations

Hohfeld’s Theory of Jural Relations | Overview Introduction Theory of Jural Relations Rights and Duties Privilege and No-rights Powers and Liabilities Immunities and Disabilities Conclusion According to Hohfeld, one of the greatest obstacles in finding solutions to legal problems is the assumption that all legal concepts can be reduced to ‘rights’ and ‘duties’. Hohfeld explains exactly how several… Read More »

Rights, Duties & Wrongs: An overview

Rights, Duties & Wrongs | Overview Introduction Wrongs Kinds of wrong Duties Kinds of duties Rights Kinds of Rights Relationship Between Rights, Duties & Wrongs Are correlated Are not correlated Conclusion One of the central points of discussion in legal theory is this particular concept of rights and duties. The concepts of rights, duties and wrongs are central… Read More »

Role of State in Maintaining Freedom

Role of State in Maintaining Freedom | Overview Introduction Liberal Meaning of State The Ideal Liberal State: A Protector of Natural Rights Legislative power Judicial power Police power Military power Evolution of Welfare State Conclusion This article titled “Role of State in Maintaining Freedom” provides an insight into the concept of an ideal state and their role in… Read More »

Evolution of Liberal Theories of Justice

Evolution of Liberal Theories of Justice | Overview Introduction John Locke Adam Smith John Rawls Michael Sandel’s Deontological Liberalism Conclusion ‘Liberal theories of justice’ refers to the theories of justice formulated by thinkers and jurists who subscribed to the political ideology of liberalism. The liberals regard justice not just as a value, like all the other values, but… Read More »

Nature, Purpose and Function of Law

MEANING AND NATURE OF LAW Law is the subject-matter of jurisprudence since the latter deals with the study of law. In its most general and comprehensive sense, it means any rule of action and includes any standards or pattern to which actions are or ought to be confirmed. Blackstone defines law as “it signifies a rule of action… Read More »

Kinds Of Law

Introduction The phrase law has been derived from the Teutonic phrase Lag which means that specific. The law may be described as a specific rule of demeanour and human relations. It additionally approaches a uniform rule of conduct that’s applicable equally to all the human beings of the state. The law prescribes and regulates well-known situations of human… Read More »

Sociological School of Jurisprudence

The sociological school considers law as a social phenomenon and examines the law in relation to society. Introduction Comte was the first writer to use the term sociology which he described as a positive science of social facts. Subsequently, writers and jurists tried to find a link between sociology and law. Gurvitch, for example, said that the meeting… Read More »

Historical School Of Jurisprudence

Introduction Historical school of jurisprudence believes that law is an outcome of a long historical development of the society because it originates from the social custom, conventions religious principles, economic needs and relations of the people. According to this theory, the law is the product of the forces and influence of the past. Law is based on the general consciousness of people. The consciousness started from the very beginning of the… Read More »

Analytical School of Jurisprudence

Analytical School of Jurisprudence | Overview Introduction Background Exponents of Analytical School Bentham Austin Holland Salmond Tenets of analytical School Kelson’s pure theory of law Criticism Introduction Analytical school is also known as the Austinian school since this approach is established by John Austin. It is also called as an imperative school because it treats law as the… Read More »

Concept Of State And Sovereignty

The origin of State has been a favourite subject of speculation. The Greeks organised city-states which according to them had a divine origin. And sovereignty is one of the chief attributes of statehood. This term was for the first time introduced by the French political thinker Jean Bodin… STATE Salmond defines State as “an association of human beings established… Read More »