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    Module 5

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    Sujata
    The document discusses several theories of law including: 1. Roscoe Pound's social engineering theory and theory of social interest which argues that law aims to satisfy social norms. 2. Legal realism defines law as that which is declared by courts and judges, seeing precedent as the source of law. 3. According to Roscoe Pound's theory of interest, the law aims to balance interests between individuals and the state.

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    Module 5

    Uploaded by

    Sujata
    72 views3 pages
    The document discusses several theories of law including: 1. Roscoe Pound's social engineering theory and theory of social interest which argues that law aims to satisfy social norms. 2. Legal realism defines law as that which is declared by courts and judges, seeing precedent as the source of law. 3. According to Roscoe Pound's theory of interest, the law aims to balance interests between individuals and the state.

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    JURISPRUDENCE

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    module 5

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    The document discusses several theories of law including: 1. Roscoe Pound's social engineering theory and theory of social interest which argues that law aims to satisfy social norms. 2. Legal realism defines law as that which is declared by courts and judges, seeing precedent as the source of law. 3. According to Roscoe Pound's theory of interest, the law aims to balance interests between individuals and the state.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    72 views3 pages

    Module 5

    Uploaded by

    Sujata
    The document discusses several theories of law including: 1. Roscoe Pound's social engineering theory and theory of social interest which argues that law aims to satisfy social norms. 2. Legal realism defines law as that which is declared by courts and judges, seeing precedent as the source of law. 3. According to Roscoe Pound's theory of interest, the law aims to balance interests between individuals and the state.

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    © All Rights Reserved
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    Download as doc, pdf, or txt
    of 3

    19.03.

    2021

    Law is the will of the state

    To satisfy social norms

    Roscoe pound: social engineering theory / theory of social interest

    Realism theory

    Realist definition: law declared by the Court / Judges

    Legal realism gave the source of precedent

    “Law is a part of judicial process”

    Real law is a law declared or laid by the Courts (Judges)

    Philosophical definition:

    Prof. Kant: law is the sum of total of the conditions under which the personal wishes of
    one man can be combined with the personal wishes of another man in accordance with
    the general law of freedom.

    Acc. To Roscoe Pound Theory of interest/ theory of balancing interest (interest


    between individuals and the State)

    Characteristics of law:

    1. Law is a body of rules and principles

    It is governing or regulating

    2. Law is a rule of conduct / law is prescription for conduct – prescribe course of


    conduct / Dos and Don’ts

    Substantive law: law that provides rights and duties and provides remedies

    Law also consist of rules of procedure

    3. Law consist of is and ought (present and in future)

    4. Law has a form (ex. Statutory law)

    5. Uniformity
    6. Law has characteristic of impartiality

    7. Law provides remedies : maxim: wherever there is right there is remedy (ubi jus
    pb remedium)

    8.

    The law (jus) and a law (lex)

    The law (jus): in abstract sense

    A law (lex): in concrete sense. Deals with a particular statute/ enactment/

    Introduction:

    Law is means to achieve end. Law is not justice in itself. It is an instrument to achieve
    justice

    Justice- equality, fairness

    Positive discrimination / Protective discrimination (fair with unequal

    Sir John Salmond provided for primary purposes of law

    1. Justice (law is tool to achieve justice/ instrument)

    St. Thomas Aquinas: contributor in natural law

    Unjust law is no law

    Justice means fairness

    Aristotle: more than 2400 years ago. According to his theory of justice

    1. Distributive justice

    2. Corrective justice
    Purposes of law/ Functions of Law:

    According to Salmond

    1. Justice

    2. To achieve Stability

    3. Peaceful change (flexibility according to changing times)

    Other functions

    4. Betham’s utilitarian theory: utilitarianism: to bring greatest happiness of the


    greater number of people (max. Happiness to max. number of people)

    5. To make to compromise between state and citizens (reconcile will of the state
    and rights of citizens)

    6.

    7. To maintain Law and order

    Ignorantia juris non excusat or ignorantia legis neminem excusat (Latin for


    "ignorance of the law excuses not" and "ignorance of law excuses no one" respectively)

    Roscoe Pound: theory of interest (it should be balancing: flexibility according to


    changing times)

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