The Concept of Law (Clarendon Law) (Clarendon Law Series)

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Hart's dismissal of formalism is worth quoting We labour under two connected handicaps whenever we seek to regulate…by means of general standards…The first is our relative ignorance of fact: the second is our relative indeterminacy of aim. If the world in which we live were characterized only by a finite number of features, and these together with all the modes in which they could combine were known to us, then provision could be made in advance for every possibility. Everything could be known, and for everything, since it could be known, something could be done and specified in advance by rule. This would be a world fit for ‘mechanical’ jurisprudence. Plainly this world is not our world…(Are there any true formalists today? Not as far as I can tell, but it does seem to be the way most practitioners of the law think - not to mention the man on the Clapham omnibus. And apparently the late Justice Scalia used it as part of his defense of originalism.)

Lord Dylan said,” to live outside the law, you must be honest.” The words within the quotes are absolutely right because if everyone is honest then there will be no need for law. There would have been peace all around but we all know that this is not the reality. We require more and more laws because we are progressing at a very fast pace though inside we are regressing. Law acts as an instrument to provide justice. Various theorists harped upon the main aspect of justice. They equated law with justice.

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This school is the only school of jurisprudence which has a definite program which the other schools do not have. They placed a lot of emphasis on the concept of justice. The answer to the above question is: For every judgement passed by the court there are amendments which ensures that law moves with time. It changes with the changing demands of the society. Also, take the infamous Nirbhaya case which shook the nation. There were no such case laws related to juvenile offenders. After the happening, a panel was formed which recommended tougher punishments for sexual violence. In other words, if a law proves to be of not so use, amendments are made in it. Same is the case of section 377, when it was proved that the law needs to be changed, the Supreme Court gave a green signal and decriminalised the 150+ year old practice. We talk while we are mobile, some of us drink like fish from the wine lake and smoke like bush fire and literally are buried under butter mountain while our compatriots are hungry, we are always in haste and have no time for others.” These lines do summarise the ideas of need of law. Law is the product of social consciousness.” This social consciousness started even before sovereignty. It started from the very beginning of the society. Sir Henry Maine, Edmund Burke are the renowned jurists.

urn:oclc:746468033 Republisher_date 20120315214800 Republisher_operator [email protected] Scandate 20120315141441 Scanner scribe17.shenzhen.archive.org Scanningcenter shenzhen Worldcat (source edition) Although his style of writing may seem often very nuanced, and at times chaotic and unstructured, his points are subtle, relatively easy to grasp (once you pretend you understand them of course, like Yours Truly), and, dare I say, make law fun! Primary rules are rules, or laws, that govern general societal conduct. Thus, primary rules construct legal obligations and consequences when they are disobeyed. A good example of primary rule is the law against murder; it prohibits a person from killing and attaches consequences for committing, attempting to commit, and conspiring to commit the crime. [14] Secondary rules [ edit ] Access-restricted-item true Addeddate 2011-11-21 18:03:44 Boxid IA174201 Camera Canon EOS 5D Mark II City Oxford Donor Rules of adjudication were intended to remedy the inefficiency of its diffused social pressure. Rules of adjudication empower individuals to make authoritative determinations of the question whether, on a particular occasion, a primary rule has been broken. [22] Rules of adjudication govern the election and procedure of the judiciary. However, intermingled with who adjudicates is what laws they adjudicate. [23] Under that logic, rules of adjudication, like rules of change, must also be supplemented by rules of recognition of some sort. Thus, “the rule which confers jurisdiction will also be a rule of recognition, identifying the primary rules through the judgments of the courts and these judgments will become a 'source' of law.” [24] Other jurisprudential philosophers [ edit ]

What is the nature of law or what is the essence of law is a long disputed question. Various Greek thinkers have already raised several questions on the topic and the answer is still not clear. That does not mean that there is no clear answer but there is not a complete answer which can be claimed to be absolute. Also, this question has preoccupied Jurisprudence and philosophy of law. Law in the modern times is influenced by time and places. A crime in one place may be an ordinary act of another. Thus, nothing is wrong or right, it is now the law of the state which governs the act. It is customs, practices and habits that become law.