Meaning and classification of law Flashcards
module 1
What does the term ‘Law’ denote?
->Different kinds of rules and principles
->Instrument to regulate human conduct/behavior
What does Law mean from the viewpoint of legislature?
->Statutes
->Acts
->Rules
->Regulations
->Orders
->Ordinances
What does Law mean from the viewpoint of society?
->Justice
->Morality
->Reason
–>Order
->Righteousness
What does Law mean from the viewpoint of judges?
->Rules of court
->Decrees
->Judgments
->Orders of courts
->Injunctions
What broader concepts does Law include?
Acts, Statutes, Rules, Regulations, Orders
Ordinances, Justice, Morality, Reason
Righteousness, Rules of court, Decrees
Judgments, Orders of courts, Injunctions
Tort, Jurisprudence, Legal theory
How does the meaning of Law vary?
->Different places/societies
->Different times (subject to amendments)
->Varies by legal system, society, government
Give an example of how Law varies by place.
Adultery: Offence in India (Section 497 IPC, 1860) but not in America ( not quite right)
Give an example of how Law varies by religion.
Muslim law allows four wives
Hindu law allows only one wife (Monogamy)
Hindu male marrying again is guilty of bigamy (Section 494 IPC)
What are the three general meanings of Law?
->Legal Order
->Body of Legal Rules
->Official Control
Define ‘Legal Order’.
System governing societal behavior
Uses government power to ensure rule adherence
Define ‘Body of Legal Rules’.
Entire set of rules and principles in a politically organized society.
Covers crime punishment, contract formation, etc.
Define ‘Official Control’.
it means how Government manages and applies the rules to Ensures justice is served
Simplify the general meanings of Law.
rules that society sets to keep things fair and orderly.
and how they are enforced to ensure justice and order.
What is Salmond’s definition of Law?
it is the body of principles recognized and applied by the state in the administration of justice.
What is a criticism of Salmond’s definition?
Did not define ‘Justice’
Justice changes over time (Keeton’s view)
What is John Chipman Gray’s definition of Law?
“the Law of the State or of any organized body of men is composed of the rules which the courts, that is the judicial organ of the body lays down for the determination of legal rights and duties.
What is a criticism of Gray’s definition?
Not concerned with nature of law
Excludes statute law
What is Austin’s definition of Law?
law is aggregate of rules set by men politically superior or sovereign to men as politically subject.”
What is John Erskine’s definition of Law?
Law is the command of a sovereign, containing a common rule of life for his
subjects and obliging them to obedience
What is Holland’s definition of Law?
Law is a General rule of external human action enforced by a political sovereign.
It Excludes moral, ethical, or ideal elements
What is Hans Kelsan’s definition of Law?
legal order (law) is the hierarchy of the norms, every norm derive its validity from the superior norm and finally there is highest norm known as ground norms.
What is H.L.A. Hart’s definition of Law?
Law is the combination of primary rules of obligations and
secondary rules of recognition.
What does the Historical School of Law study?
->Origin and development of law
->Legal conceptions and principles in the philosophy of law
What is Savigny’s definition of Law?
Law is -
->Product of custom and public opinion
->Rules from social habit and experience
->Found in society, not direct legislation
What is Ihering’s definition of Law in the Sociological School?
Law is-
->Guarantee of life conditions assured by state power
and Means to serve social purposes
What is Dean Roscoe Pound’s definition of Law?
law as a social institution to satisfy social wants.
it is a social engineering,
it is a instrument to balance between
the competing or conflicting interests.
What is Dias’s definition of Law?
->Normative propositions prescribing behavior
->Dictated by social, moral, economic, political purposes
What is the Realist definition of Law?
“that the prophesies of what the courts will do, in fact and nothing more
pretentions, are what I mean by law.
