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Nature & Source of Law: Austin, Salmond, Legislation, Custom, Precedent
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Practice Political Science and complete notes:
Inductive method- judges look upon the similar cases to get the general principles and use them to decide the case.
Deductive method- great reliance is placed to the statutes and enactments.Judges go solely by the words.
Austin- precedent are “Judiciary’s law”
Bentham- Judge made law.
Judicial decision lay down new rules and principles called Doctrine of Precedent.
Precedent is purely constitutive and not abrogative.(make law not alter it)
Precedent has been recognized by ICJ in Article 38(2)(d)
Article 59 says precedents have persuasive value not binding on itself.
Austin, “There can be no law without a Legislative Act.”
Analytical positivist school is a believer that statute is a formal source of law making and strongly disagrees that court can make laws.
Historical school doesn’t regard legislation as a source of Law as its main work is to give better form and effectuate customs and traditions.
Historical school, Savigny, Henry Maine, Puchta- Foundation of law is in human consciousness, which is manifests itself in the customs, practices, usages etc.
Sociological jurist- they disagree with the orthodox thought that law originates from state. The law is made from many sources.
-Ehlrich said that at any given point of time, the center of gravity of legal development lies not in legislation, not in science, nor in judicial decision but in the society itself.
Definition @0:06
Imperative theory of Law/Austin’s Theory of Law @1:01
Basically three elements in Law @1:06
Criticism @1:55
Types of law: Austin @2:31
Sources of Law @3:00
Sociological Jurist @3:27
Formal Sources of Law @3:52
Material Sources of Law @4:03
Legal Sources of English Law @4:41
Legislation @5:01
Types of Legislation @5:30
Custom @6:22
Kinds of Customs @7:06
Test for Custom @8:23
Precedent @8:57
Elements @9:37
Questions @10:39
#Precedent #Judicial #Manifests #Statutory #Sanction #Legislative #Criticism #Political #Habitually #Satisfactory #TestPrep #ugcnet #doorsteptutor #examrace
Inductive method- judges look upon the similar cases to get the general principles and use them to decide the case.
Deductive method- great reliance is placed to the statutes and enactments.Judges go solely by the words.
Austin- precedent are “Judiciary’s law”
Bentham- Judge made law.
Judicial decision lay down new rules and principles called Doctrine of Precedent.
Precedent is purely constitutive and not abrogative.(make law not alter it)
Precedent has been recognized by ICJ in Article 38(2)(d)
Article 59 says precedents have persuasive value not binding on itself.
Austin, “There can be no law without a Legislative Act.”
Analytical positivist school is a believer that statute is a formal source of law making and strongly disagrees that court can make laws.
Historical school doesn’t regard legislation as a source of Law as its main work is to give better form and effectuate customs and traditions.
Historical school, Savigny, Henry Maine, Puchta- Foundation of law is in human consciousness, which is manifests itself in the customs, practices, usages etc.
Sociological jurist- they disagree with the orthodox thought that law originates from state. The law is made from many sources.
-Ehlrich said that at any given point of time, the center of gravity of legal development lies not in legislation, not in science, nor in judicial decision but in the society itself.
Definition @0:06
Imperative theory of Law/Austin’s Theory of Law @1:01
Basically three elements in Law @1:06
Criticism @1:55
Types of law: Austin @2:31
Sources of Law @3:00
Sociological Jurist @3:27
Formal Sources of Law @3:52
Material Sources of Law @4:03
Legal Sources of English Law @4:41
Legislation @5:01
Types of Legislation @5:30
Custom @6:22
Kinds of Customs @7:06
Test for Custom @8:23
Precedent @8:57
Elements @9:37
Questions @10:39
#Precedent #Judicial #Manifests #Statutory #Sanction #Legislative #Criticism #Political #Habitually #Satisfactory #TestPrep #ugcnet #doorsteptutor #examrace
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