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 the country. This term refers to the historical documentfrom which the body of law can be known. This term refers to the causes that have brought into existence the… Read More »
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 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 law are capable… Read More »
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… Read More »
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 the ratio decidendi. An obiter dictum is not binding in later cases because it was not strictly relevant to the matter in issue… Read More »
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… Read More »
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… Read More »
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