Chapter Info (Click Here)
Book No. – 001 (Political Science)
Book Name – An Introduction to Political Theory (OP Gauba)
What’s Inside the Chapter? (After Subscription)
1. NATURE OF LAW
1.1. NATURAL LAW SCHOOL
1.2. ANALYTICAL JURISPRUDENCE
1.3. HISTORICAL JURISPRUDENCE
1.4. SOCIOLOGICAL JURISPRUDENCE
2. SOURCES OF LAW
2.1. CUSTOM
2.2. RELIGION
2.3. SCIENTIFIC COMMENTARIES
2.4. ADJUDICATION
2.5. EQUITY
2.6. LEGISLATION
3. SPHERE OF LAW
3.1. LAW AND MORALITY
3.2. LAW AND LIBERTY
3.3. CONCLUSION
4. SUPREMACY OF LAW
4.1. RULE OF LAW
4.2. DUE PROCESS OF LAW
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LANGUAGE
Concept of Law
Chapter – 12
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Table of Contents
- Law is the characteristic of a situation where an object or individual behaves uniformly under specific conditions, indicating regularities of behavior.
- Law is responsible for all orderliness in the universe and society.
- There are two types of law: Descriptive (Scientific) Law and Prescriptive (Stipulative) Law.
- Descriptive (Scientific) Law exists and operates in the universe independently of human will; it can only be discovered, not altered or escaped.
- No external agency is required to enforce descriptive law.
- The test for descriptive law is true or false, and terms like right or wrong apply in a factual sense, not moral.
- Examples of descriptive law: law of gravitation (in physics) and law of diminishing returns (in economics).
- Descriptive law can be applied for practical purposes, like making mechanical devices or improving industrial production.
- A descriptive law can only be challenged or redefined by a new scientific discovery and experimental proof.
- Prescriptive law determines what an individual should or should not do under specified conditions.
- Organizations make rules for their members, which are binding and enforced by sanctions.
- Any deviation from prescriptive law results in punishment, denial of benefit, or privilege.
- The existence of an organization depends on the observance of its prescriptive law.
- The set of rules applicable to a larger society is considered prescriptive law.
- Prescriptive law is man-made law, adopted by human society to regulate behavior, often based on customs, conscience, social consciousness, or public opinion.
- Prescriptive law can be changed according to human needs and modes of thinking.
- Example of prescriptive law: penal code, which prescribes punishment for offenses.
- The test for prescriptive law is right or wrong in a moral sense, but it is valid or invalid when applied by lawyers and courts.
- The letter of law may be supplemented by the spirit of law in interpretation and adjudication.
- In political science, social sciences, and jurisprudence, law typically refers to prescriptive law, unless otherwise specified by the context.
NATURE OF LAW
- The nature of law has been described differently by various schools of thought, depending on the different applications of the term.
- The principal schools of thought in the Western tradition are:
- Natural Law School
- Analytical Jurisprudence
- Historical Jurisprudence
- Sociological Jurisprudence.