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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