Jurisprudence

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Jurisprudence by GW Paton

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Jurisprudence is a particular method of study, not of the law of one country, but the general notion of law itself.

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Definition of jurisprudence by Holland

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Jurisprudence is a science and it is Progressive in nature. He defines Jurisprudence as formal science of positive law.

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Jurisprudence defn. By CK Allen

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Scientific synthesis of the essential principles of law

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Jurisprudence defn. by Salmond

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The science of the first principle of civil law

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Classification of civil law

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Two types. theoretical or general and concrete details

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Law definition Hooker

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We term any kind of rule or Canon whereby actions are framed a law

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Law definition Black

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Law in its most General and comprehensive sense signifies of rule of action, and is applied indiscriminately to all kinds of action whether animate or inanimate, rational or irrational

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Salmond's classification of law

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8. Imperative, physical or scientific, natural or moral, conventional, customary, practical or technical, international and civil

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Law definition by Austin

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A law is command which obliges a person or persons to a course of conduct

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Civil law defn. By Hobbes

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Civil law are the commands of him who is endowed with supreme power in the state concerning the future actions of the subject. men according to Hobbes is an altogether selfish animal.

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Sanction definition

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The instrument of coercion by which any system of imperative law is enforced is called a sanction, and any rules enforced so is said to be sanctioned.

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Physical law definition

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Physical laws are the laws of science are expressions of the uniformities of nature general principles expressing the regularity and Harmony observable in the activities and operations of the Universe. Physical laws is an expression of actions as they are, where is civil law is an expression of action as they ought to be.

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Natural law definiton

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By natural law or moral law is meant by principles of natural right or wrong the principles of natural Justice.

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Classification of justice

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2. Natural and positive. natural Justice is justice as it is in deed and in truth, that is, and ideal form of Justice which ought to prevail; although in fact it may not. Positive Justice is justice as it is conceived, recognized, expressed and enforced by human society.

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Different names of natural law

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6. Divine Law, law of reason, unwritten law, universal law or common law, eternal law, moral law.

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Conventional Law defn. By Salmond

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By conventional law is meant any rule or system of rules agreed upon by persons for regulating their conduct towards each other.

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Customary law defn. Salmond

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Customary law is any rule of action which is actually observed by men- any rule which is the expression of some uniformity of voluntary action.

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Custom definition

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Custom is a law for those who observe it- a law or rule which they have set for themselves and to which they voluntarily conform their actions.

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Practical law defintion

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Practical or technical law consist of rules for the attainment of some practical end, and which guide us to the Fulfillment of our purposes; which inform us as to what we ought to do, or must do, in order to attain a certain end.

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International law defn.

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International law, or the law of Nations, consists of those rules which govern sovereign state in their relations and conduct towards each other.

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International aw classification by Salmond

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4. Natural law theory, customary law theory, imperative law theory, conventional Theory.

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International law- Lord Russel of Killowen

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The aggregate of the rules to which nations have agreed to conform in their conduct towards one another

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International law-Lord chief Justice Coleridge

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The law of Nations is that collection of usages which civilized states have agreed to observe in their dealings with each other

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International law- Lord Esher

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The authorities seem to me to make it clear that the consent of Nations is requisite to make any proposition part of the law of Nations

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International Law: Lord Cock burn

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To be binding the law must have received the assent of the Nations who are to be bound by it. This assent maybe Express, as by treaty or the acknowledged concurrence of government, or may be implied from established usage

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Classification of International agreement

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2.

(A) Express agreement: Gives rise to Conventional law of Nations

(B) implied agreement: gives rise to Customary law of nations

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Classification of International law

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2: Common law of nations and particular law of nations

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Holland's opinion on International. Law

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International law is the vanishing point of jurisprudence. Law of Nations is nothing but private law writ large. international law is not a proper law as it is not enforced by the sovereign political Authority

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International law: Brierly

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It is not the existence of a police force that makes a system of law strong and respected, but the strength of the law that makes it possible for a police force to be effectively organized

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Civil law

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The Romans used the term "jus civile" in the sense of the law that was applicable only to Roman citizen as opposed to the law that was to be applied to the foreigners. It is also used to distinguish the Roman law (Corpus juris civile) from Canon law (Corpus juris canonici) and other law.

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Law definition

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Law is a body of rules, whether formally enacted or customary,which a state or community recognises as binding on its members or subjects. Law is a body of rules which are enforceable in court of law.

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Rights definition

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Right means a claim of some interests adversed by an individual or a group of individuals which has either moral or legal basis and which is essential for his development in the society.

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Primary classification of rights

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2. A) Moral rights: rights which have their basis on the rule of natural justice and the violation of which results in moral wrong.

B) Legal rights: Rights which are recognised by the positive law of the country and can be claimed on legal basis and the violation of which results in legal wrong.

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Definition of rule

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Rule is a kind of norm and Norm means the way in which we behave in the society.

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Classification of rules

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2. A) Legal rules/law: rules which are mandatory for the individual to abide by and pick up which gives rise to Legal sanction or penalty

B) Moral rules/morality: rules the breach of which does not give rise to any sanction or penalty in law