‘Jurisprudence’ means theory of laws. ‘Juries’ means law, ‘prudence’ means knowledge. “The law in essence is a concrete realization of philosophy” Jurisprudence most famously means the entire doctrine of law. It stems from the word ‘jurisprudentia’, which means ‘The Knowledge of Law’.
The Ancient Jurisprudence in India was a further development to feudalism which was an important trend in the 20th Century the Sociological Jurisprudence studies the legal system as a part of the social reality. The law cannot be studied without knowing its Historical and Social background. A law results certain social or economic relationship. And this relationship is created by the productive forces that were prevailing in a given society. Law thus consists
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According to him, law was not a consciously created phenomenon but was the gradual distillation of the ‘Volksgeist’ (the spirit of the people). Law was found, not made. So, the Historical School strongly believed in the practise of customs and their legal authority over that of legislation. So as situations arose necessitating law and rules, law also developed and so did social practices along with it. This was strengthened by the writings of legal scholars and luminaries, which must be based on the legal principles and customary rules in …show more content…
These theories came into the picture with the Colonial rule of the British.
Today, we find Indian society finds itself governed by a codified set of laws heading the list of which is the Constitution of India. Law, as a tool of social engineering has transformed the boundaries of India thus bringing it on the par with the norms of other countries. Prof. Upendra Baxi emphasised the need and significance of incorporating the study of social sciences especially Sociology in the context of Indian law. The Sociological school of Jurisprudence has is able to correlate the conformity of human actions and human behaviour to how law has been crafted to suit the way the society wills it to be. The inter-link between law and society is what constitutes their mutual development.
The view that law unifies various social groups and leads to cohesion of the Indian society has been propagated by many academicians. It beings homogeneity in a heterogeneous environment with people who all belong to different societies and
laws is to keep the bad things out from the old society out such as
Barker (2014, p.1) suggests that the law may be defined as a rule of human conduct, imposed upon and enforced among the members of society in which laws are inaugurated to ensure that social order continues. As a result, laws ensure that members of society may live and work together in an orderly manner by following the same rules. However, laws have different affects on individual members in society and from this point of view, this essay will focus on how laws in society affect individuals in minority and disadvantaged groups.
In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.
Throughout the years there has been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented they typically start off as disputes, misunderstandings, or failure to comply among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved. However, for those that are not so willing to settle out of court, they eventually visit the court system. The court system is not in existence to cause humiliation for anyone, but more so to offer a helping hand from a legal prospective. At the same time, the legal system is not to be abuse. or misused either.
Law is a system of rules that are implemented throughout social establishments to govern behavior. A principle for judging acts as reasonable or unreasonable and they may seem objective, universal, and knowable, which dispositions are guide. Our function is rational activity, and our rational nature gives us dispositions when we are naturally disposed to seek to know, understand, and be
In contrary to its contemporary antagonist philosophical schools, who advocate the practices of humanness and the rightness and set ideal of the past, the Legalists, in their complete rejection of the traditional ethics, embraces the efficacy of political power and uphold a society of laws and punishments. As the old feudal states decayed and the smoke of endemic warfare suffused, the need for a more rational government that can afford greater centralized power so as to strengthen a state against its rival increased substantially among the Warring States. Such a rising urge necessitated the emergence of the Legalists and further predetermined the Legalists’ inherent nature – realistic, totalitarian and problem-solving – which, with the realization of its significance and duty in the stream of history, finds its hegemonic character as well.
But in a broad scenario, the sociological perspective describes law instrumentally. Law makes available, the tools, resources, symbols and languages useful in the construction of social order. The study of law and other specialization in the social sciences are closely interwoven and needs to be studied together. Citing both Aristotle and Kant, that law is an embodiment of collective social life.
There is a collective existence of different forms legal systems, because of the country’s diversity in culture, language and religion. This diversity is able to flourish in India only because of representation of different communities. Diversity and pluralism are acknowledged in India which safeguards the interests of different social groups and communities. This led to law being seen as necessarily pluralistic. However, after colonisation there was an effort made by the British to make law uniform, an essential condition in what was seen as ‘modern law’. Nonetheless, after independence an effort was made to have a pluralistic legal system as this would lead to better representation of different communities. This is how the Panchayati Raj system, a form of local self-government came about. Panchayats were reintroduced in 1992 after the British rule, and there a panchayat in every town of village. The people of the village elect the members of the ‘panch’, whose responsibility is the local administration of the village. In many places, gram panchayats are also known as gram sabhas. In this manner, different forms of legal pluralism shape everyday ordering and disputing in rural and urban India. They relate to formal law as well as customary legal orders equally. The two governance systems interact, which can be termed as formal law and traditional law. Customary law is also termed as unnamed law as it does not refer to a specific basis of
Why is the concept of the rule of law an important aspect within society to have an integral understanding of? The rule of law is a facet of our society that affects and serves our lives on a daily basis because rules and laws dictate the underlying basis of our social interactions. One basic understanding of the idea of the rule of law is that society should be ruled by law, and not by men. At perhaps the most rudimentary level, the rule of law has been used to explain a type of governance that is founded upon universal and neutral rules. Endicott argues that communities can never adequately achieve the rule of law because “it requires, among other things, that government officials conform to the law. But they may not do so, and presumably there is no large community in which they always do so” (Endicott, 1999, p.1). Consequently, an area of rule of law is explored by Aristotle’s critique of Plato’s philosopher-rulers theory and his defence and understanding of the rule of law.
The grounds of judicial review help judges uphold constitutional principles by, ensuring discretionary power of public bodies correspond with inter alia the rule of law. I will discuss the grounds of illegality, irrationality and proportionality in relation to examining what case law reveals about the purpose and effect these grounds.
Law is the framework which applies to members of the community and sets the binding values and standards recognized by its subjects. It regulates their behaviour and it reflects the principles ...
Judicial Precedent "Within the present system of precedent in the English legal system, judges have very little discretion in their decision making." Judges have always been relied upon to interpret and apply the law. Therefore, their decisions should be fair and consistent so as the individuals seeking legal remedies would have more faith in the judicial system of the state. AS the UK has not a very complete and/or codified constitution, this doctrine is very much relied on as contrasted with other countries which seemed to have provisions for virtually any kind of offence, like France or the US where judges had only to refer to legislation.
Firstly in this report, I will be giving the different definitions of rule of law by different philosophers; secondly, I will be applying the rule of law to the English Legal system and thirdly I will be explaining separation of powers with a focus on the impartial judiciary. Finally, I will be using cases to support every detailed point given.
Law is one of the most important elements that transform humans from mere beasts into intelligent and special beings. Law tells us what is right and wrong and how we, humans, should act to achieve a peaceful society while enjoying individual freedoms. The key to a successful nation is a firm, strong, and fair code of high laws that provides equal and just freedom to all citizens of the country. A strong government is as important as a firm code of law as a government is a backbone of a country and of the laws. A government is a system that executes and determines its laws. As much as fair laws are important, a capable government that will not go corrupt and provide fair services holds a vital role in building and maintaining a strong country.
In conclusion it is clear there is a relationship between law and morality and there will always be a debate on the extent to which morals effect laws and how laws influence the morals of society. Morals and laws constantly change with political, economical, and social influences and will therefore always have the opportunity to be affected by each other but the extent of which cannot be predicted.