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  • Jurisprudence

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    Suzata Khadka
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    This document discusses various concepts related to jurisprudence, including the sources and function of law, branches of jurisprudence, legal personality, possession vs ownership, natural vs legal persons, and the relationship between law, ethics, morality, and justice. It critiques John Austin's positivist theory of law for being silent on the special relationship between law and justice, arguing that any definition of law that lacks reference to justice is imperfect. A perfect definition should encompass both specific laws and the abstract concept of "The Law" which refers to justice and social welfare.

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    This document discusses various concepts related to jurisprudence, including the sources and function of law, branches of jurisprudence, legal personality, possession vs ownership, natural vs legal persons, and the relationship between law, ethics, morality, and justice. It critiques John Austin's positivist theory of law for being silent on the special relationship between law and justice, arguing that any definition of law that lacks reference to justice is imperfect. A perfect definition should encompass both specific laws and the abstract concept of "The Law" which refers to justice and social welfare.

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    © All Rights Reserved
    Download as XLSX, PDF, TXT or read online from Scribd
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    12 views3 pages

    Jurisprudence

    Uploaded by

    Suzata Khadka
    This document discusses various concepts related to jurisprudence, including the sources and function of law, branches of jurisprudence, legal personality, possession vs ownership, natural vs legal persons, and the relationship between law, ethics, morality, and justice. It critiques John Austin's positivist theory of law for being silent on the special relationship between law and justice, arguing that any definition of law that lacks reference to justice is imperfect. A perfect definition should encompass both specific laws and the abstract concept of "The Law" which refers to justice and social welfare.

    Copyright:

    © All Rights Reserved
    Download as XLSX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    Law and its function, sources

    Jurisprudence meaning, school, branches


    Role of Animus Posited involved in the principle of Corporeal Possession
    Personality and Legal Meaning
    Custom, Attributes to be legal
    Justice and kind of Justice
    Rights and Duties, Obligation
    Possession and Ownership
    Natural Person and Legal Person
    Morality and its legal recognition
    Property and its kind
    The moment law is devoided from ethics, it loses its colur and essence.
    Justice is the end point of law or law is means to achieve justice.
    However, Austin's theory is silent about this special relationship between law and justice.
    So, Salmond said that the definition of law which is without refernce to justice is imperfect in nature.
    By calling 'The Law' we are referring to justice, social welfare and law in the abstract sense.
    Austin’s definition lacked this abstract sense. A perfect definition should include both ‘a law’ and ‘the law’.
    mperfect in nature.

    oth ‘a law’ and ‘the law’.

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