Concept of Law
Chapter 12
(OP Gauba | Political Theory)
POLITICAL SCIENCE
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Concept of Law
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Table of Contents
- NATURE OF LAW
- NATURAL LAW SCHOOL
- ANALYTICAL JURISPRUDENCE
- HISTORICAL JURISPRUDENCE
- SOCIOLOGICAL JURISPRUDENCE
- SOURCES OF LAW
- CUSTOM
- RELIGION
- SCIENTIFIC COMMENTARIES
- ADJUDICATION
- EQUITY
- LEGISLATION
- SPHERE OF LAW
- LAW AND MORALITY
- LAW AND LIBERTY
- CONCLUSION
- SUPREMACY OF LAW
- RULE OF LAW
- DUE PROCESS OF LAW
- 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.
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