HANDOUTNO.

Basic concept of law

1.1Introduction:

The law is a vast subject that is always changing and evolving. It may appear simple to study and
work in this field, but it takes years to gain expertise in this field because one never stops
learning about law. Laws have existed since ancient times and are regarded as the foundation of
a society.

1.2Meaning of Law:

 Etymology

The word 'Law' comes from the Teutonic word 'Lag,' which means 'certain.'

 Literal meaning

a rule of conduct or action prescribed or formally recognized as binding or enforced by a

controlling authority

1.3Definition of law:

General:

“Body of rules and regulations made by governing authority to control human conduct”

Various definition of Jurist:

Austin “law is command of sovereign backed by sanctions”

Roscoe pound “law is tool of social engineering”

Realist Group “law is study of court cases”

How can you identify law?

  Characteristics of law
1. It is a rule
2. It is obligatory
3. It has collective enforcement.

Here collective enforcement means a body which is enforcing such rights, this
element/characteristics distinguish between legal rights and general rules.

 Object of law

It concerns with the purpose of law, it serve as the relation between law and its subject matter

 Subject matter of law

Subject matter refers to those on which law is applied, either for a duty or right. There are two
kinds if subject matter:

1. Men as rational being

2. All things related which requires legal implications

1.5General division of law

 Legal Sense
It is that division of law which is promulgated/created and enforced /implemented by
state. It has binding force and it is further divided into
1. Public law
Definition: Public law is the body of law that governs relationships between legal
persons and a government, between different institutions within a state, between
different branches of government, and between individuals who have a direct
impact on society.
Public law is legislative enactment that affects the general public. In general,
public law is concerned with issues affecting the general public or society as a
whole.
Other laws that fall under the purview of public law include:
  Administrative law(laws that govern government agencies, like the Department of
Education and the Equal Employment Opportunity Commission)
 Constitutional law(laws that protect citizens' rights as afforded in the
Constitution)
 Criminal law(laws that relate to crime)
 Municipal law(are ordinances, regulations and by-laws that govern a city or
town)
 International law(laws that oversee relations between nations)
2. Private law
Defintion: In a legal system, private law applies to any situation involving
relationships between individuals. As a result, this type of law governs the
interaction of individuals and governments. This is also known as common law. It
includes property and trust law, family law, contract law, commercial law, and
tort law.
As previously stated, private law is also known as civil law. This category
includes the following legal subdivisions:

 The law of contract

 The law of property
 Labor legislation
 Commercial legislation
 Corporate law
 Non- Legal sense
it is not promulgated and enforced by state. It includes
1. Divine law
Definition: Divine law is a law that is thought to be directly from God, it is    rule
or set of rules of conduct that are inherent in human nature and necessary for or
binding on human society
2. Natural law
Definition: Divine inspiration that promotes justice and fairness. The state
regards it as the foundation of the law.
3. Moral law
 Definition: Principles describing conduct that is right and wrong.

1.6Functions of Law

The main functions of law in a society are discussed in detail below:

 Maintenance of law and order in society

Laws are directives that govern and regulate human behavior and code of conduct to ensure
order. They are made for people within a territory to abide with. Laws are also responsible for
keeping peace of a country intact. Many countries possess a very diverse population. If the same
law is applied throughout the population, irrespective of their diversity, different needs and
differences in opinions, it would cause conflicts.

 Fundamental Rights Protection

There is no point in having a law that does not work to protect and secure people's rights. The
rule of law exists to maintain order and benefit society. They are written to address people's
wants and needs.

 Human Relationship Regulations

Human relations, such as contracts, agreements, families, and marriages, are also governed by
the law. The function of law is to keep human behaviour and relationships in check.

Conclusion:

To ensure that people follow the law, it must be justifiable. Finally, if people do not follow the
law, the system fails. This justification is moral in nature.
HANDOUT NO.2

Concept of Jurisprudence

Introduction:

How do you think the laws of our current world came about? What guides us to make this legislature
and ensure that it is fair and just? Here is where the concept of jurisprudence comes into the picture.
Let us understand the meaning and concept and definition of jurisprudence.

Meaning and origin of jurisprudence:

The study of jurisprudence started with the Romans.The term Jurisprudence is derived from
Latin word 'Jurisprudentia' which means either "Knowledge of Law" or "Skill of law". The word
"juris" means law and prudentia mean knowledge, science or skill. Thus Jurisprudence signifies
knowledge or science of law and its application. In this sense, Jurisprudence covers the whole
body of legal principles in the world..

Definition:

Various jurists have difference of opinion when it comes to study of law, we will discuss five
school of jurisprudence for better understanding of law; which are

 Analytical school of thought

 Historical school of thought
 Philosophical school of thought
 Sociological school of thought
 Realistic school of thought
 1. Analytical school

The main premise of the analytical School of jurisprudence is to deal with law in its current
form.

Analytical school has several names, including:

The Austinian school is named after John Austin, who established this methodology.

The imperative school views law as the sovereign's direction (command).

The Positivist School was named after August Comete because its adherents are concerned with
law as it exists, i.e., with law 'as it is' (positum), rather than with the past or the future of law.

Exponents: Jeremy Bentham and John austin

Merits:

 A simple and clear definition of law that establishes the precise boundaries within which
jurisprudence must operate.
 Austin's positivist approach solidified the foundations of English law.
 The State creates and enforces an important and universal truth law.

Demerits:

 Customs overlooked: In the early times, not the command of any superior, but customs
regulated the conduct of the people.
 No place for judge made law.

2. Sociological school of thought

The sociological school of thought in law holds that the law and society are closely linked.Law is
a social setting. This school of thought contends that the law is a social phenomenon because it
has a significant impact on society. This school placed a greater emphasis on the legal aspects of
every problem and change that occurs in society.

Exponents: Rosco pound and Dugit

Merits

 Focused on practical implications of law

 Elaborates the working of law rather than abstract text of law
 Lays stress upon social ends of justice.

Demerits

 Ignored judge made laws

 No explanation as to customary laws
3. Historical School of thought

Friedrich Karl von Savigny founded the historical school of jurists (1779-1861).The Historical
School of Jurisprudence explains how law came to be. This school contends that the law was not
made.

Exponents: Friedrich Karl and Friedrich Puchta

Merits:

 it traced the course of the evolution of law in various societies.

 it lays the seeds for the development of sociological and evolutionary

Demerits:

 He ignored the judge-made law- Judges have played an important and creative role in the
function of making law, but Savigny's theory minimises this role.
 Many things remain unexplained.

4. Philosophical school of thought

The philosophical or moral school is primarily concerned with the relationship of law to specific
thoughts that law is intended to accomplish. It attempts to investigate the reasons for the
establishment of a particular law.

Exponents:Grotius, Immanuel kant and Hegel

Merits:

 Morals were used to describe righteous behaviour in society.

 The emphasis is on the reasons and origins of law based on morals.

Demerits:

 His theory was based on morality, but there is a distinction between ethics and morality:
ethics are the person's behavioural patterns, whereas morality are the values instilled in
him.

5. Realistic school of thought

Realist School is a school that focuses on making decisions. It is a subset of the sociological
approach.In reality, there is no realistic school. It is known as'realism,' and it is a legal movement
that consists of thought and work.

Father of realism: John C. Grey>Exponent of Realism and Jerome frank

Merit

 His theory is applicable in real life.

 Allows people to make their own interpretations.
 focuses on 'what law is' rather than 'what law should be'
 Similar cases have been observed in the past.

Demerits:
  He exaggerated the human factor in judicial decisions and concentrated solely on the
roles of lawyers and judges.
 The realist approach is based on the American judicial system and thus is not universally
applicable.

Conclusion:

The scientific study of law is known as jurisprudence. It is a branch of science that studies the
development, application, and enforcement of laws. Jurisprudence is the investigation of legal
theories and methods of insight. It has both practical and instructive value.