Tuesday, August 15, 2006

Concept of law

A.Concept of law

1) What is Law?

2) Characteristics of Law.

3) Various Schools of Law.
a) positivistic school of law( Austin and Kelsen)
b) Natural school of law( Oldest school)
c) Historical school of law.( Savigny)
d) Sociological school of law.( Roscoe Pound)
e) Realist School of Law.

Crucial Points:

1) What is law? A difficult question to answer.

2) Different perspectives and views.

3) Absence of universal definition of law which is comprehensive.

4) Law is not a physical object to be defined easily, it is organic and grows with the demands of society.

5) Critically analyse the various definition of law by the above schools of law.

6) Characteristics of law.
a) law is an attribute of human beings living in a political society for governing themselves.
b) Law is normative in nature, it deals with “ought” proposition stating what a man should or must do in particular circumstances, and with what is to happen if he deviates beyond the permitted limit of conduct.
c) It regulates human relations in the society.

7)See the various conceptions of law.

8) Define law in your own way by incorporating all the essential characteristics of law.

9) A definition of law should have two aims- firstly, to make precise the meaning of law and secondly, to give a true picture of laws and its operation.

10) Law has two sides- from one side it is an abstract body of rules,from the other it is a social process for compromising the conflicting interests of men.

B.law and morality

C. law and custom

D.law and equity

E.law and public opinion

2. Sources of law-
a) Constitution
b) legislation
c) precedent
d)custom
e)expert opinion and juristic writings.

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