Category Archives: Jurisprudence

Jurisprudence refers to the study of law and its principles. We at Legal Bites simplify the subject by providing you with study material on the important jurisprudential concepts and theories.

Sources of Law

This article deals with the components and theories regarding sources of law under jurisprudence in detail.  Analytical Positivist School of Thought– Austin said that the term ‘source of law’ has three different meanings: This term refers to the immediate or direct author of the law which means the sovereign in the country. This term refers to the historical document from……...

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Theories of Juristic Personality

Ethical Natural law philosophers of the 17th and 18th centuries as well as the metaphysical theorists of the 19th century postulated the concept of will as an essential requirement for exercising a legal right. They also believed that personality is the subjective possibility of a rightful will. Legal personality is an artificial creation of law. Entities recognized by……...

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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 basis of rules and principles recognized’. Roscoe Pound– He believed that it is the court who has to administer justice in a state. Both, Roscoe Pound and Salmond……...

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Concept of Obiter Dicta – Explained

Introduction to 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. Obiter Dicta: Origin, Meaning and Explanation – Read Here The binding part of a judicial decision is the ratio decidendi. An obiter dictum is not binding in……...

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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 the decision, is based on the principle that like cases should be decided alike. Once a case is decided by judge by applying……...

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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 future. This rule or principle is the ratio decidendi which is at the centre of the doctrine of precedent. The expression ratio……...

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