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LAB Module 1

Jurisprudence is defined as the knowledge of law or skill in law, and includes concepts of human order, conduct, and the intellectual, idealistic, and behavioral study of man in society. Law is comprised of established rules and thought that have gained formal recognition through government authority and power. The document discusses why knowledge of law is important, what law is from different perspectives, the functions and purposes of law, advantages and disadvantages of law, different types of law, sources of law, the legal system, and sources of business law.

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78 views19 pages

LAB Module 1

Jurisprudence is defined as the knowledge of law or skill in law, and includes concepts of human order, conduct, and the intellectual, idealistic, and behavioral study of man in society. Law is comprised of established rules and thought that have gained formal recognition through government authority and power. The document discusses why knowledge of law is important, what law is from different perspectives, the functions and purposes of law, advantages and disadvantages of law, different types of law, sources of law, the legal system, and sources of business law.

Uploaded by

ssnmurthy0911
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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JURISPRUDENCE

* JURISPRUDENCE is jurisprudentia a Latin word


which means Knowledge of Law or Skill in Law.

* Jurisprudence includes all concepts of


human order and human conduct
in state and society.

* It includes
1.Intellectual
2.Idealistic
3.Behavioristic study of man in the society.
Law is that portion of

the established habit and thought of mankind

which has gained

distinct and formal recognition

in the shape of uniform rules backed by the

authority and power of the government.


Why should one know law
• Because ignorance of law is no excuse.
• Ex : 1
If X is caught traveling in a train without ticket,
cannot plead that he was not aware of the rule
regarding the purchase of ticket and therefore, he
may be excused.
• Ex : 2
If Y is caught driving scooter without driving
license, he cannot plead that he was not aware of
the traffic rule regarding the obtaining of a driving
license and therefore, he may be excused.
Need for the knowledge of law
• ‘Ignorantia juris non excusat’
is a familiar maxim. This means

ignorance of law is not excusable.

The law now a days is a matter of great intricacy.

As such no sound business man would attempt to solve


important legal questions affecting his business
interest without expert legal advice.
What is law ?
1. CITIZEN may think
as a set of rules (which he) must obey.

2. LAWYER may think


as a vocation.

3. LEGISLATOR may look


as a something created by him.

4. JUDGE may think


as a guiding principles to be applied in making decision.
Law includes all those

rules and regulations

which regulate our relations with

other individuals and with the state.


Definition by Salmond

“ Law is …
…the body of principles
recognized and applied
by the State in the
administration of the justice”
Functions and Purpose
1.To maintain Law and order in the society

2.To maintain status quo in society

3.To enable individuals maximum freedom to assert


themselves.

4.An important function is to secure rule of Law.


Advantages of Law
1. The principles of law provide uniformity
and certainity to the adminstration.

2. Avoids the dangers of arbitary,biased and


dishonest decisions.

3. Fixed principles are reliable than individual


judgement.
Disadvantages Of Law
1.Lack of flexibility

2.Law is conservative in nature making it static

3.Law emphasizes more on form of law than its substance

4.Law is needlessly complex.


Kinds of Law
• Imperative Law
• Scientific Law
• Moral Law
• Conventional Law
• Customary Law
• Technical Law
• International Law
• Civil Law
Sources of Law
• Legal Sources

• Historical Sources
Legal Sources
• Legislation

• Precedents

• Customs

• Agreements

• Professional opinions
Historical sources
• Juristic writings

• Literary works

• Foreign Decisions
Sources of Business Law
1.English Mercantile Law

2.The Statute Law

3.The Case Law

4.The Common Law

5.Customs and Usages


• English Mercantile Law: English laws are the primary sources
of Indian Mercantile Law.

English laws are based on customs and usages of merchants in


England.

• The Statute Law: The various Acts passed by the Indian


Legislature are the main sources of mercantile law in India.
e.g. Indian Contract Act, 1872
The Sale of Goods Acts,1930
The Partnership Act, 1932
The Negotiable Instruments Act, 1881
The Companies Act, 1956.
• The Common Law : This source consists of all
those unwritten legal doctrines embodying
customs and traditions developed over centuries
by the English courts. Thus, the common law is
found in the collected cases of the various courts
of law and is sometimes known as ‘case law’.
The common law emphasizes precedents.

• Customs and usages: The customs and usages of a


trade are also one of the sources of mercantile law
in India. These customs and usages govern the
merchants of a trade in their dealings both each
other. Some Acts passed by the Indian Legislature
recognizes the importance of such customs and
usages.
Legal system
• Supreme Court
• High Courts
• Sub-ordinate or District Courts
• Legal Entities

• Essential features of State


Population,
Territory,
Government,
Soverignty

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