Salmond definition involves two points, firstly that right is an interest and secondly it is protected by rule of right. When the Austin did not give any place to morals in law then there came a question of the difference between law and morals. It is called series of the successive persons. It means that things are easy to explain than to define it. Thus for the first exception following things are necessary :- Case : Reg. This law is imposed upon persons and is made by persons. It is not necessary that all should be enforceable or all common person should be considered as law.
The post of corporate sole remains always alive while the human beings who sit on the post may die. The actual practice of law determines what law is. If the former marriage is concealed from the person with whom the subsequent marriage is contracted, the punishment is ten years or fine or both. A person who does not obey law is punished. After studying all these conditions he gave this theory of Law, which is known as pure theory of law and grandnorm theory. For this purpose the division of labour is necessary.
These notes are formed from readings of the primary texts i. To give a definition of Law is comparatively a hard task due to many reasons : All these above words conveys different meaning. Under these offences, a person is taken away secretly or forcible without his consent or without the consent of his authorised guardian. Under this head matters such as custom, legislation, precedent as a sources of law, pros and cons of codification of laws, methods of judicial interpretation and reasoning, an inquiry into the administration of justice etc. In the ancient time the Karta represented the whole Hindu family who was considered as legal person. The Dowry Prohibition Act 1961 7. I am content to think of law as a social institution to satisfy, social wants, the claims and demands involved in the existence of civilized society.
As to what intentions constitute criminal trespass enumerated in the section itself, and beyond these no other intention will constitute criminal trespass. Introduction:- The Pure Theory of Law is given by Kelson. In English Law, criminals are divided in four categories, but in India there is only one distinction between the doer and his helper who is known as abettor. Thus except the exceptions cases culpable homicide is murder, if the circumstances described above any of the four clauses are present. He classifies them under three heads: Pound tackled he problem of interests in term as of balancing of individual and social interests.
That is derived mode takes place from the title of s prior owner. There are a number of other factors such as the social sanctions, habit and convenience which help in the obedience of law. He studied the Roman Law in Germany. If so, he has an obligation it back to the right owner. It is difficult to separate those commands from others by the common people or persons. The law, therefore, is largely based on politics and often can be morally wrong.
The Positive or Imperative or Analytical school of Law led by John Austrin views law as the command of the sovereign who is a determinate human superior noncompliance of whose authority is visited with physical punishment. The offence of criminal trespass can only be committed against the person who is in actual physical possession of the property. According to this the judges are not makers of the laws which they are already n existence. It is vested ownership when the title of the owner is already perfect. Natural school Jeremy Bentham is father of natural school of jurisprudence and as well as jurisprudence also.
In this way, it supplemented the analytical school of law. This product contains 29 documents written by 4 different authors. Such cases which are not covered by existing laws the judicial decisions created new notions and formulae new principles which were never contemplated earlier. In this way right for the purpose of jurisprudence is called legal right. The extent to which the exercise of the right will be justified will depend not on the actual danger but on whether there was reasonable apprehension of such danger.
In a trust, the relationship between the two owners is such that one of them is under an obligation to use his ownership for the benefit of the other. According to this theory, the law is based upon the general will or free will of common people. According to them, the law is a social function, an expression of human society concerning the external relations of its individual members. C murdered B at that particular place, date and time. It has deep concern with historical, analytical school. Bentham and Austin, have opposed the traditional view as a childish fiction and have declared that Judges are in fact the makers and fulfill a function very similar to that of the legislature. They not only interpret or explain but also make the law.
In other words it is also a form of municipal law of civil law. In spite of these differences there is a clear relationship between law and morals. Jurisprudence is the study of theories and philosophies regarding law. According to Rose Duty is the Pre-dicament of person whose act are liable to be control with the assistance of the State. Commission of Sati Prevention Act 1987 11. The answer to the question whether the Judges make or discover law much depends upon the nature of the particular legal system. For instance, a proper understanding of law of contract may perhaps require some knowledge of economic and economic theory or a proper grasp of criminal law may need some knowledge of criminology and psychiatry and perhaps also of sociology.
Soveging is the father of it. This viewpoint is based on two principles. According to this theory, law is based upon the general will or free will of common people. It means precedent can be over ruled if they are not right or appropriable to the case to be decided but warrant has to be followed by all to whom it is applicable. There are also a few cases where even mere preparation is made punishable because they cannot by the very nature of things be meant for innocent purposes e. We cannot totally separate law from morals. The ownership is called beneficial ownership.