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  • Jurisprudence

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    Nitin Gupta
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    This document discusses different schools of jurisprudence thought. It focuses on natural law and positivism. Natural law is not universally applicable and must be assessed based on the specific history and context of the time and place. To determine if a law is right or wrong, one should consider the history of where it is applied rather than any universal concept of natural justice. Positivism views law as determined by its enactment alone, with the form determined by source rather than content.

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    This document discusses different schools of jurisprudence thought. It focuses on natural law and positivism. Natural law is not universally applicable and must be assessed based on the specific history and context of the time and place. To determine if a law is right or wrong, one should consider the history of where it is applied rather than any universal concept of natural justice. Positivism views law as determined by its enactment alone, with the form determined by source rather than content.

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    © All Rights Reserved
    Descărcați ca DOCX, PDF, TXT sau citiți online pe Scribd
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    6 vizualizări1 pagină

    Jurisprudence

    Încărcat de

    Nitin Gupta
    This document discusses different schools of jurisprudence thought. It focuses on natural law and positivism. Natural law is not universally applicable and must be assessed based on the specific history and context of the time and place. To determine if a law is right or wrong, one should consider the history of where it is applied rather than any universal concept of natural justice. Positivism views law as determined by its enactment alone, with the form determined by source rather than content.

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    din 1

    JURISPRUDENCE NOTES

    BASCIALLY THERE ARE DIFFERENT TYPES OF SCHOOL IN THE JURIS THAT DEALS
    THIS SUBJECT.
    THE MAIN THING IN THIS SUBJECT IS THAT IT BASICALLY DEALS WITH VARIOUS
    SCHOOLS OF TEACHING THAT HAVE THEIR OWN INTERPREATION.

    LECTURE 1
    NATURAL LAW IS UNHISTORIC ASSUMPTION IT MEANS IT DEALS IN TIME AND
    PLACE. THESE CONSTITUTES THE LAW.
    THE BASIC IDEA IS THAT TO ASSES ANY LAW YOU HAVE TO CHECK THE TIME AND
    PLACE FOR THE RELEVENCY OF THE LAW.
    NATURAL LAW IS NOT APPLICABLE IN THE UNIVERSAL PREPOSITION.
    FOR THE PARTICULAR ASSESMENT OF ANY LAW WE SHOULD CHECK THE
    SPECIFIC HISTORY OF THE PLACE.
    FOR EXAMPLE, DEATH PENALTY SHOULD BE ABOLISHED THROUGHOUT THE
    UNIVERSE BUT IT IS NOT APPLICABLE DUE TO THE DIFFERNCE OF TIME AND
    PLACE ACROSS THE UNIVERSE.
    IN ORDER TO DETERMINE RIGHT OR WRONG YOU SHOULD GO WITH THE HISTORY
    OF THE PLACE NOT THE UNIVERSAL LAW OF NATURAL JUSTICE.
    FOR EXAMPLE, PELTING STONES ON WOMEN FOR ADULTERY IS JUSTIFIED AT
    ONE PLACE BUT IT IS AGAINST THE LAW OF NATURAL JUSTICE SO IT DOES NOT
    MATTER THAT THE PRACTICE IS RIGHT OR WRONG WHAT MATTERS THAT THE
    HISTORY OF THAT PLACE.
    POSITIVISM IS CONTENT NEUTRAL.
    LAW DETERMINED BY THE ENACTMENT.
    FORM IS DETERMINED BY THE LAW NOT BY THE CINTENT.

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