Jurisprudence ka matlab hai:
"Law ko samajhne ka science ya philosophy."
Yeh hume batata hai:
Law kya hai?
Law kyon banaya jata hai?
Law ka purpose kya hai?
Society mein law ka role kya hai?
Jurisprudence is the philosophy and science of law.
It studies:
Nature of law
Purpose of law
Origin of law
Relationship between law and society
Imagine a traffic signal.
Law says:
Red light means stop.
Jurisprudence asks:
Why should people stop?
What is the purpose of this rule?
Is this rule fair?
How does it help society?
These questions are studied under Jurisprudence.
Jurisprudence is the science of the first principles of civil law.
Jurisprudence is the formal science of positive law.
Understands legal concepts.
Improves legal reasoning.
Helps judges interpret laws.
Helps lawmakers create better laws.
Natural Law Theory says:
Some laws exist naturally and are based on morality, justice, and human nature.
Even if no government creates them, they still exist.
Natural Law ke anusar:
Kuch adhikar insaan ko janm se milte hain.
Jaise:
Right to Life
Right to Freedom
Right to Equality
Yeh rights government se pehle bhi exist karte hain.
Suppose a king makes a law:
"Only rich people can vote."
Natural Law thinkers would say:
This law is unjust and therefore should not be followed.
Because equality is a natural right.
Based on morality.
Universal.
Eternal.
Above man-made law.
Promotes justice.
Protects human rights.
Inspires constitutional values.
Morality differs from person to person.
Difficult to define universally.
This is very important for exams.
Analytical School studies law as it is.
Not as it ought to be.
It focuses on:
Commands
Sovereignty
Legal rules
Austin said:
Law is the command of the sovereign backed by sanction.
Law = Command + Sovereign + Sanction
Government says:
Pay income tax.
If you do not pay:
Penalty is imposed.
Therefore it is law.
Austin ke anusar:
Law wahi hai jo sovereign (highest authority) ka order ho aur uske piche punishment ho.
Constitution limits government.
Customs are also laws.
International law does not fit Austin's theory.
Kelsen wanted to study law separately from:
Morality
Politics
Religion
He called it:
Pure Theory of Law
Every law gets validity from a higher law.
For example:
College Rule
⬆
University Regulation
⬆
State Law
⬆
Constitution
At the top is:
(Foundation Rule)
Traffic Rules
⬆
Motor Vehicles Act
⬆
Constitution
Hart criticized Austin.
He said:
Law is not merely command.
Law is a system of rules.
Rules that tell people what to do.
Example:
Do not steal.
Do not murder.
Pay taxes.
Rules that tell us:
How laws are made
How laws are changed
How disputes are resolved
Primary Rule:
Do not drive without a license.
Secondary Rule:
Procedure for obtaining a license.
Science and philosophy of law dealing with its nature, purpose and principles.
Law based on morality and justice existing independently of state-made law.
Law is the command of sovereign backed by sanction.
Basic norm from which all legal rules derive validity.
Rules imposing duties on citizens.
Rules governing creation, modification and enforcement of laws.
Define Jurisprudence and explain its scope.
Explain Natural Law Theory.
Discuss Austin's Command Theory.
Explain Kelsen's Pure Theory of Law.
Discuss Hart's Concept of Law.
What is Jurisprudence?
What is Natural Law?
Define Sovereign.
What is Grundnorm?
What are Primary and Secondary Rules?