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What is LAW?Holland, a well-known jurist has defined Law as “a general rule of external human action enforced by a sovereign political authority”. Yet another reputed jurist Salmond is more meaningful as he defines Law to be the body of the principles recognized and applied by the State in the administration of justice. Law in his opinion is primarily a means towards the attainment of justice and it must be defined with reference to its ends. Salmond has classified Law into eight categories: 1. Physical or Scientific Law Now let us briefly see what all these categories are all about: Physical or Scientific Law is the manifestation of the regularity and harmony that exists in the operation of the universe e.g. Law of gravity etc. Natural or moral Law relates to the principles of natural right or wrong necessary for the realization of natural justice. This law varies from society to society as people have their own moral standards. Here it is worth mentioning that under the dictates of Modern English Jurisprudence, right or justice is of two kind (a) natural or moral justice and (b) positive or legal justice administered by the courts. Presently the reference to has come to be reserved for philosophical debates. Conventional Law is the agreed rules regulating the conduct of persons who have opted for such a law. The Clubs, Church, Societies etc occurs under this category. The sanctions behind Conventional Law are its worth and strength of defusing and repulsing violations and challenges. Customary Law is based on well-recognized customs that have stood the tests of time. However such would not be general or universal laws. This is because customs being the source of law cannot be customary laws by itself until recognized by courts or statutes as laws. Practical Law is rule directed to attain particular result e.g. the laws of architecture etc. Imperative Law is a rule prescribing a general course of action imposed by some authority enforcing it by superior power either through physical force or any other compulsion. Hence Imperative Law happens to be (I) urgently a general rule (ii)-having authority behind it and superior authority must enforce (iii)…. Civil Law is the positive law of any country. International Law is the one responsible for the bilateral and or multilateral conduct of relationship and intercourse by the members of the comity of nations. To Fenwick, International Law is the body of general principles and specific rules that are binding upon the members of the international community of states in their mutual relationships. During the centuries of relationships amongst the sovereign countries International Law has gradually developed. However even to this day some critics would not recognize it being separate from the state law because it has no distinct and its own identity. Such school of thought airing its rival theories believes international law to be: (i) A branch of natural law or rules of natural justice that governs the conduct of one state towards another. (ii) Based upon customary law that has developed due to international usage. (iii) Being a form of imperative law is enforced upon states by international opinion or by threat of war. (iv) Being a kind of conventional laws that is enforced upon states through their agreement. Hence most of the critics believe that International law is essentially a species of conventional law and has no identity of its own. Jurisprudence:The term derived from jurisprudentia has Latin origin and implies legal wisdom or knowledge of law. Hence briefly it can be said that Jurisprudence is a systematic study of the fundamental principles of Law. To Thomas A. Cowan Jurisprudence is the sum total have organized reflection on the nature of Law and its relation to rest of the disciplines. Salmond regards jurisprudence as “the science of law”. To him the term science is extensive enough to include the systematic knowledge of any subject of intellectual inquiry. Yet another jurist named Paton has remarked that ” jurisprudence is a particular method of study not of the law of one country but the general notion of law itself”. Austin describes jurisprudence as “the science which deals with the facts arising out of civil society and civil government as they act and react upon each other and are influenced by the constitution of human nature and the physical universe”. Gray defines jurisprudence as “the systematic arrangement of the rules followed by the courts and the principles involved in those rules”. Theoretically Jurisprudence is concerned with the fundamental principles of law while practically it deals with particular or individual problems. Kinds of JuriprudenceAs per kinds of jurisprudence the jurists have unanimously accepted them to be occurring into three categories: a) Analytical Jurisprudence. b) Historical Jurisprudence. c) Ethical Jurisprudence. Analytical jurisprudence: is related to the analysis of law as it exists. It does not concerns itself with how the very had been in the past or be in the future. Hence it studies mainly (i) the conception of law, (ii) the relation between civil law and other forms of law and (iii) the conception & investigation into the theory of right, liability, and so forth. Historical Jurisprudence: is all about the growth, evolution and development of legal concepts. Ethical Jurisprudence: is related to the form of law that in conformation to the ideal standards and perfection analysis law and opine on as such laws ought to be. Jurisprudence has active relationship with the rest of disciplines e.g. Ethics, Politics, Economics, Psychology, etc. Being eye of the law Jurisprudence studies fundamental principles common to all systems of law. It helps to provide the law with scientific foundations, which the art of law would hardly care about. In fact it is the study of Jurisprudence helps in molding and remolding of laws with the urge to bring them up to date in conformity with the demands of era. |
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