Vd Mahajan Jurisprudence Legal Theory Pdf 27 \/\/FREE\\\\
Vd Mahajan Jurisprudence Legal Theory Pdf 27
According to Hart , jurisprudence is the thinking of law as a science. It is concerned with the making of law and, therefore, belongs to the field of law itself. The ordinary, the pure, the technical, the moral, the historical, the archaeological, and the other branches of law which take their names from the persons or classes of men by whom the law was originally defined, are parts of the science of law. The science of law is concerned with the general principles of law, in a limited sense, as well as with more particular rules, of which the former are the abstractions of the latter, and the latter are the particular rules of the former.
As understood by Bentham, a jurist is a person who invents and judges the legality of laws. It is done in a particular field which is known as the science of jurisprudence. It has four elements: 1. the principle, 2. the history, 3. the form, and 4. the practise.
Basically law is a set of rules which is complied through the long and boring process of trial by jury or other customary methods. Jurisprudence on the other hand is the science of the law and it is the justification and interpretation of the legal rules. In other words, a jurist is a person who invents and makes the laws and interprets and applies the rules made by the law. This is an exact counterpoint to the earlier definitions. This is a specialised field of study and legal and political sciences are usually included in it.
According to the text of Luce, law is the science of jurisprudence. It is not a natural science and it is made by the state in order to establish that state by certain rules. It is founded on an idea of right and justice. It regulates transactions between persons.
In this article an attempt has been made to conduct a detailed study regarding the development of natural law theory in Ancient, Medieval and Modern period. There has never been unanimity among the jurists regarding the meaning of natural law. During the period of renaissance, the social contract theories came into picture and these theories were contradictory to each other. What was the understanding of natural law in Greece, Roman and in ancient Indian scriptures regarding the natural law What were the causes of its decline in 19th century All these questions are answered in thisarticle.
The social contract theory stated that the authority of the government is allowed by the individuals and if the people wants to change their authority they need to follow the procedures decided by them. Thomas Hobbes defined natural law as a superior right, which derives its authority from the consent of the people. Thomas Hobbes defined the church as the governing body. It is their role to protect the peace and maintain the order. There are no restrictions on them.
After the enlightenment, the concepts of natural law was developed in France, Germany and Italy and so formed the basis for the US Bill of Rights. The key thinkers associated with the theory of natural law were Bernard L. Weiss, Henry P. M. Dixon, J. Ellis McTaggart, Robert W. Goadby, Frank Menger, Adolf von Harnack and Max Weber.
It was the time when the law was formulated by the legislative bodies and the legal experts therefore emerged as the authoritative sources of the law. The study of law started in mid-15th century with the revival of the Roman law under the influence of jurists of the Italian Renaissance. The concept of a lawyer today denotes a professional expert and legal adviser to a person. It is an activity or profession of the lawyer who guides the clients in their relations with other people involved in legal relations.