...ANALYTICAL JURISPRUDENCE (LEGAL POSITIVISM) Synopsis: (i) Socio-economic and historical context on which it arose. (ii) Positivism in Philosophy – the important founder Augustine Cômte. (iii) Its expression in Law – Analytical Legal Positivism. (a) Different aspects of Legal Positivism (b) John Austin (c) Neo-Positivist Trends (aa) Hart’s Concept (bb) Linguistic Trend (iv) Kelsen’s Pure Theory of Law (v) General Appraisal and Critique (1) Socio-economic and historical context Just before 1848 Revolution, Marx says in the development of Bourgeois class there are 2 phases to distinguish: (i) One which constitutes support Absolute Monarchy (ii) The one which constitutes itself as class, overthrows Feudalism and it establishes its own political rule (Bourgeois Rule) The 1st phase lasted for 3 centuries from 16th C – 18th C The 2nd phase roughly from 1780’s to 1840’s. Actually 1789-1848 is called the Ag of Revolution. During the 1st phase, when it is still constituting itself – their philosophical spokesmen are found in NL school – i.e. Hobbes, Locke etc. – Notion of Justice and equality show the core they argue for change against status quo. The philosophy is metaphysical but revolutionary because it is fighting for change against the status quo. 2nd Phase: The triumph/victory of the Bourgeoisie. In this phase – consolidation of the Bourgeoisie clan at the political level - this found expression in the French Revolution 1789...
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...What is “Law”? It is possible to describe law as the body of official rules and regulations, generally found in constitutions, legislation, judicial opinions, and the like, that is used to govern a society and to control the behavior of its members. Law therefore is a formal mechanism of social control. Legal Positivism John Austin -"A rule laid down for the guidance of an intelligent being by an intelligent being having power over him. A body of rules fixed and enforced by a sovereign political authority." Professor Hart defined law as a system of rules, a union of primary and secondary rules. Positivism emphasizes the separation of law and morality. Thomas Hobbes can be credited to be the father of legal positivism. According to Hobbes , in the state of nature there is “a war of every man against every man, a state of constant strife in which the life of man was solitary, poor, nasty, brutal and short. Law and the government therefore became necessary to promote order and personal security.” According to legal positivists, law is man-made, or “posited,” by the legislature. Where natural law theorists may say that if a law is not moral there is no obligation to obey it, by appealing to moral or religious principles, but positivists hold that until a duly enacted law is changed, it remains law, and should be obeyed. Legal positivism regards law as a system of clearly defined rules, the law is defined by the social rules or practices that identify certain norms as...
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...THE CONCEPT OF A LEGAL SYSTEM An Introduction to the Theory of Legal System SECOND EDITION JOSEPH RAZ CLARENDON PRESS · OXFORD -iiiOxford University Press, Great Clarendon Street, Oxford ox2 6DP Oxford New York Athens Auckland Bangkok Bogota Bombay Buenos Aires Calcutta Cape Town Dar es Salaam Delhi Florence Hong Kong Istanbul Karachi Kuala Lumpur Madras Madrid Melbourne Mexico City Nairobi Paris Singapore Taipei Tokyo Toronto Warsaw and associated companies in Berlin Ibadan Oxfordis a trade mark of Oxford University Press Published in the United Statesby Oxford University Press Inc., New York © Oxford University Press 1970, 1980 First published 1970 Second edition 1980 Reprinted 1990, 1997 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press. Within the UK, exceptions are allowed in respect of any fair dealing for the purpose of research or private study, or criticism or review, as permitted under the Copyright, Designs and Patents Act, 1988, or in the case of reprographic reproduction in accordance with the terms of the licences issued by the Copyright Licensing Agency. Enquiries concerning reproduction outside these terms and in other countries should be sent to the Rights Department, Oxford University Press, at the address above This book is sold subject to the condition that it shall not, by way of trade or otherwise...
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...POLITICAL SCIENCE One of the 3 core subjects offered in a triple main combination to BA- (EPS & HEP) The discipline aims at imparting knowledge of indispensable institutions, concepts and ideals. The study of the subject enables an individual to learn the art of government and administration. The courses in the first two semester focus on basic concepts of political science and major political ideologies. The next two, third and fourth, puts emphasis exclusively on the Indian political system. The fifth and sixth semesters courses deal with public administration and International relations. Course objectives 1. Imparting value based education. 2. Preparing responsible and politically conscious citizens. 3. Building good leadership qualities and responsible future leaders. 4. Understanding the art of government and administration. 5. Motivating students to take competitive examinations. 6. Creating civic sense COURSE STRUCTURE I Semester Course Code POL 131 II Semester Course Code POL 231 III Semester Course Code POL 331 IV Semester Course Code POL 431 V Semester Course Code POL 531 POL 532 VI Semester Course Code POL 631 POL 632 Title Core Concepts of Political Science. Title Major Political Ideologies Title Indian Government and Politics- I Title Indian Government and Politics- II Title International Relations- I Principles of Public Administration Title International Relations- II Personnel and Financial Administration Hrs/ wk 5 Hrs/ wk 5 Hrs/ wk 5 Hrs/ wk 5 Hrs/ wk 4 4 Marks...
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...Essay on the Scope of Political Science by Suhana Dhawan There is no general agreement on the nature and scope of Political Science, “the master science” as Aristotle described it, since there is no generally accepted definition of the discipline, and its organising concept the State. The definitions of both Political Science and the State, the latter in particular, reveal the bias of the thinkers, for example, the metaphysical (Hegel), the juridical (Austin), the sociological (Maclver), the descriptive (Garner) and many others with their own distinctive labels. In fact, there are as many definitions as there are writers on the subject and all these definitions give to the entity — the State — different meanings and conflicting roles. This tendency continues even now though in a slightly different form. “The recent definitions of politics (as a study),” writes Frank Thakurdas, “are not so much cast in the discipline of the thinker (easily detectable) but in the conceptual framework that he has worked out in advance (as it were) the basic presupposition of his personal manner of interpreting the complete phenomenon of politics. But also including the ‘purpose’ that the studies involve in terms of the practical ends they sub serve.” Some writers restrict the scope of Political Science to the study of the State alone, for example, Bluntschli. All such writers exclude the study of government from the scope of Political Science, for the State for them obviously includes the study...
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...RESEARCH ON THE CONSTITUTIONALITY OF “CUSTOMARY LAWS” IN INDIA. Introduction. There is no universally accepted definition of customary law. Black’s Law Dictionary defines customary law as “customs that are accepted as legal requirements or obligatory rules of conduct, practices and beliefs that are so vital and intrinsic a part of a social and economic system that they are treated as if they are laws. Tobin and Taylor add to this the recognition that such legal regimes are dynamics and constantly evolving and often at all provide a still broader definition of customary law, stating that: “Customary Laws include customary worldviews, principles or values, and codes of conduct, and established practices. They are enforced by community institutions, and can have sanction attached. They are divided from natural resource use – some practices and beliefs acquire the force of law. They are locally recognized, orally held, adaptable and evolving.” Historically, the relative influence of each of natural law, customary law and positive laws has fluctuated throughout time and space. The strong emphasis on positive law in the field of international law during the 18th century led to a decline in the persuasion of natural law and the customary law in the western world. In particular, the doctrine of terra nullius serve to reduced indigenous rights and delegitimize their customary law. Across much of the globe, there has been increasing awareness of the significant role of the...
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...‘Is International Law really Law’? (Arend 1999) Discuss with regard to the frequency of breaches of international law, the enforcement of international law and the difficulties in ascertaining international law. Introduction International law is ‘the body of law composed of principles and rules of conduct which states feel bound to observe and do commonly observe in their relations with each other’. However, it is constantly being questioned whether international law really can be considered law at all. The uncertainty as to its validity can be explained by the arguably frequent breaches that occur as well as the difficulties in ascertaining its content and ensuring its effective enforcement. As such, the validity of international law as a real legal order will be evaluated by examining the following. (a) The sources of international law (b) The enforcement of international law (c) The frequency of breaches within international law (a) The sources of international law The substantive content of international law can be ascertained by reference to a number of different sources. Article 38(1) of the Statute of the International Court of Justice (ICJ) recognises that the Court when deciding on disputes of international law can apply the following: a. International conventions establishing rules expressly recognized by the contesting states; b. International custom as evidence of a general practice accepted as law; c. The general principles...
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...CSS 105 COURSE GUIDE COURSE GUIDE CSS105 INTRODUCTION TO POLITICAL SCIENCE Course Developer Dr. Derin K. Ologbenla University Of Lagos Akoka – Lagos. Dr. Derin K. Ologbenla Course Writer University Of Lagos Akoka – Lagos. Course Co-ordinator Dr. Godwin Ifidon Oyakhiromen National Open University of Nigeria Lagos. NATIONAL OPEN UNIVERSITY OF NIGERIA ii CSS 105 COURSE GUIDE National Open University of Nigeria Headquarters 14/16 Ahmadu Bello Way Victoria Island Lagos Abuja Annex 245 Samuel Adesujo Ademulegun Street Central Business District Opposite Arewa Suites Abuja e-mail: centralinfo@nou.edu.ng URL: www.nou.edu.ng National Open University of Nigeria 2006 First Printed 2006 ISBN: 978-058-434-X All Rights Reserved Printed by Goshen Print Media Ltd For National Open University of Nigeria iii CSS 105 COURSE GUIDE Contents Introduction......................................................................... Aims................................................................................... Objectives........................................................................... Working through the Course.............................................. Course Materials................................................................ Study Units........................................................................ Textbooks and References.................................................. Assessment.......................................
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... (3) Theories Regarding the origin of Law (5) Legal Systems of the World (8) Custom (20) International Law (22) Annexure (28) Bibliography (33) Acknowledgment (34) Introduction There ought to be, and many times is, a close nexus between manmade law and justice – law should aim at justice. Laws should be the objective expressions of the nature of reality rather than merely the subjective prejudices or whims of some person, group of people, or society as a whole. Natural law is objective since it is inherent in the nature of the entity to which it relates. The content of natural law is accessible to human reason. For example, it is easily understood that since each man has a natural right to survive, flourish, and pursue his own happiness, no other man or group of men should attempt to deprive him of a chosen value or action through the initiation or threat of force. Historically, socially emergent ideas of legal principles, oftentimes in accord with the nature of reality, occurred prior to their adoption by political authorities. Voluntary forms of governance through customary private laws preexisted state law and effectively ordered human affairs. Law arose as a spontaneous order – something to be discovered rather than enacted. Law is an evolutionary systemic process involving the experiences of a vast number of people. There are different theories that...
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...David Graeber likes to say that he had three goals for the year: promote his book, learn to drive, and launch a worldwide revolution. The first is going well, the second has proven challenging, and the third is looking up. Graeber is a 50-year-old anthropologist—among the brightest, some argue, of his generation—who made his name with innovative theories on exchange and value, exploring phenomena such as Iroquois wampum and the Kwakiutl potlatch. An American, he teaches at Goldsmiths, University of London. He’s also an anarchist and radical organizer, a veteran of many of the major left-wing demonstrations of the past decade: Quebec City and Genoa, the Republican National Convention protests in Philadelphia and New York, the World Economic Forum in New York in 2002, the London tuition protests earlier this year. This summer, Graeber was a key member of a small band of activists who quietly planned, then noisily carried out, the occupation of Lower Manhattan’s Zuccotti Park, providing the focal point for what has grown into an amorphous global movement known as Occupy Wall Street. It would be wrong to call Graeber a leader of the protesters, since their insistently nonhierarchical philosophy makes such a concept heretical. Nor is he a spokesman, since they have refused thus far to outline specific demands. Even in Zuccotti Park, his name isn’t widely known. But he has been one of the group’s most articulate voices, able to frame the movement’s welter of hopes and grievances...
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...2. Buddhist Socio-Political Philosophy 2.1. Meaning of Political Philosophy Political philosophy is the study of a person?s political and ideological formulations; it deals with the state, the government and the sovereignty or the ruler. In a given society, the state and the government need to regulate the power relations among people. It is the conceptualization of such relations that is central to political philosophy. In a given society, a distinct institution may structure these power relations between people. For example, in India caste is a key instrument in the structuralization of power relations, engendered to establish hegemonic and subordinate relations among people.[footnoteRef:2] [2: Kancha Ilaiah, God as Political Philosopher,...
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...SVKM’S NMIMS SCHOOL OF LAW A Project Submitted On Law And Morality And Its Interrelations To Be Submitted To- Ms. Nanda Pardhey Submitted by – Kunal Paleja B.B.A L.L.B(Hons) Roll No- A044 ACKNOWLEDGEMENT “Man cannot find a new ocean unless he has courage to lose sight of the shore”- Andre Gilde I take this opportunity to extend my sincere thanks to NMIMS School of Law offering a unique platform to garner knowledge in the subject of Jurisprudence. I wish to extend my sincere and heartfelt gratitude to my subject guide Professor Nanda Pardhey who guided, supported and encouraged me during the entire tenure of the project. I would also like to offer my thanks for her valuable advices throughout the course of my project. Also I would like to take this opportunity to thank all the faculty members present in the library. I am glad that I can say it with conviction that I have immensely benefited from the allotment of this topic. Contents S. No. Topic Page 1. Abbreviations 2. Table of Cases 3. Table of Statutes 4. Research Methodology 5. Introduction 6. Jurisprudential Study 7. Analysis on Indian Legal Provisions 8. Comparative Study 9. Conclusion 10. Suggestions 11. Bibliography Table of Abbreviations Sr.No Keyword Meaning 1 SC Supreme Court 2 HC High Court 3 IPC Indian Penal Code 4 Sec Section 5 v versus 6 www World wide web 7 i.e That is 8 etc Etcetera Table of Cases and Statutes ...
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...Yale Law School Yale Law School Legal Scholarship Repository Faculty Scholarship Series Yale Law School Faculty Scholarship 1-1-1940 Relation Between International Law and Municipal Law Edwin Borchard Yale Law School Follow this and additional works at: http://digitalcommons.law.yale.edu/fss_papers Part of the Conflicts of Law Commons, Constitutional Law Commons, Contracts Commons, Courts Commons, Dispute Resolution and Arbitration Commons, Foreign Law Commons, International Law Commons, Jurisprudence Commons, and the Legal History, Theory and Process Commons Recommended Citation Borchard, Edwin, "Relation Between International Law and Municipal Law" (1940). Faculty Scholarship Series. Paper 3498. http://digitalcommons.law.yale.edu/fss_papers/3498 This Article is brought to you for free and open access by the Yale Law School Faculty Scholarship at Yale Law School Legal Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship Series by an authorized administrator of Yale Law School Legal Scholarship Repository. For more information, please contact julian.aiken@yale.edu. VIRGINIA VIRGINIA LAW LAW REVIEW VOLUMp VOLUME 27 DECEMBER, 19·m 1940 NUMBER 2 NUMBER THE RELATION BETWEEN INTERNATIONAL LAW BETWEEN INTERNATIONAL AND MUNICIPAL AND MUNICIPAL LAW R continent it seem appropriate RECENT events on this continent make question of the relaonce more to discuss the much-debated much-debated tion between international law and...
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...R outledge Revision: Questions & Answers Jurisprudence 2011–2012 Each Routledge Q&A contains approximately 50 questions on topics commonly found on exam papers, with answer plans and comprehensive suggested answers. Each book also offers valuable advice as to how to approach and tackle exam questions and how to focus your revision effectively. New Aim Higher and Common Pitfalls boxes will also help you to identify how to go that little bit further in order to get the very best marks and highlight areas of confusion. And now there are further opportunities to hone and perfect your exam technique online. New editions publishing in 2011: Civil Liberties & Human Rights Commercial Law Company Law Constitutional & Administrative Law Contract Law Criminal Law Employment Law English Legal System Routledge Q&A series Equity & Trusts European Union Law Evidence Family Law Jurisprudence Land Law Medical Law Torts For a full listing, visit http://www.routledge.com/textbooks/revision R outledge Revision: Questions & Answers Jurisprudence 2011–2012 David Brooke Senior Lecturer in Law and Module Leader in Jurisprudence at Leeds Metropolitan University Fifth edition published 2011 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN Simultaneously published in the U S A and Canada by Routledge 270 Madison Avenue, New York, NY 10016 Routledge is an imprint of the Taylor & Francis Group, an informa business This edition published in the Taylor & Francis e-Library, 2011...
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