Possession in jurisprudence

Possession is very difficult to define in English Jurisprudence. But it very important topic. Human life and society would become impossible without retention and consumption of material and non-material things. Food, clothes, tools, etc. are essential items to use. We get hold over the first to claim possession. It is not just acquisition of things but it is continuing claim for use of them. It...

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Ownership in jurisprudence

Jurists have defined ownership in different ways. All of them accept the right of ownership as the complete or supreme right that can be exercised over anything. Thus, according to Hibbert ownership includes four kinds of rights within itself. Right to use a thing Right to exclude others from using the thing Disposing of the thing Right to destroy it. Austin’s definition Austin while defining...

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Legal Rights jurisprudence notes

There can be on duty without a right and According to Hibbert “a right is one person’ capacity of obliging others to do or forbear by means not of his own strength but by the strength of a third party. If such third parts is God, the right is Divine. If such third parts is the public generally acting though opinion, the right is moral. If such third parts is the stale acting directly or indirectly,...

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Custom in jurisprudence

Custom can simply be explained as those long established practices or unwritten rules which have acquired binding or obligatory character. In ancient societies, custom was considered as one of the most important sources of law; In fact it was considered as the real source of law. With the passage of time and the advent of modern civilization, the importance of custom as a source of law diminished...

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Precedent in Jurisprudence

JUDICIAL PRECEDENT AS A SOURCE OF LAW In simple words, judicial precedent refers to previously decided judgments of the superior courts, such as the High Courts and the Supreme Court, which judges are bound to follow. This binding character of the previously decided cases is important, considering the hierarchy of the courts established by the legal systems of a particular country. Judicial precedent...

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Legislation in jurisprudence

In modern times, legislation is considered as the most important source of law. The term 'legislation' is derived from the Latin word legis which means 'law' and latum which means "to make" or "set". Therefore, the word 'legislation' means the 'making of law'. The importance of legislation as a source of law can be measured from the fact that it is backed by the authority of the sovereign, and...

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The Source of Law in jurisprudence

Sources of law mean the sources from where law or the binding rules of human conduct originate. In other words, law is derived from sources. Jurists have different views on the origin and sources of law, as they have regarding the definition of law. As the term 'law'has several meanings, legal experts approach the sources of law from various angles.For instance, Austin considers sovereign as the...

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The Administration of Justices

War and administration of justice are two most essential functions of a state. If the state is not incapable of performing these two functions. It cannot be called a state. Administration of justice implies the maintenance of peace and order within a political community by means of physical force of the state. MEANING OF JUSTICE Justice means the proper administration of law. DEFINITIONS OF...

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The Nature of Law jurisprudence notes

According to Blackstone Law in its most general and comprehensive sense signifies a rule of action and is applied uudiscriminately to all kinds of actions whether animate, rational or irrational. Thus we say the Laws of Motion, of Gravitation, of optic or mechanics, as well as the Laws of Nature and of Nation." The term 'law' in this sense is applied to observe uniformities of action. There is...

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Relation of Jurisprudence with other social sciences

Jurisprudence is studying law, law is regulating the conduct of individuals and individuals are living and forming societies. Therefore, law is an important social phenomenon which is making jurisprudence as a Social Science. However, there are several other Social Science, like Ethics, Political Science, Sociology, Psychology etc. Now, it is logical that these social science should be interlinked...

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