This document contains information about a 4th semester psychology class covering the introduction to law. It includes the course code and title, paper timing and marks. It then provides definitions and explanations for the terms law, kinds of justice including public vs private and civil vs criminal. It defines and explains the different kinds of law including international, national, constitutional, ordinary and positive law. Finally, it discusses how psychology as the science of the mind relates to jurisprudence as a social science, explaining that an understanding of the human mind and psychology is important for the study of law and the legal system.
This document contains information about a 4th semester psychology class covering the introduction to law. It includes the course code and title, paper timing and marks. It then provides definitions and explanations for the terms law, kinds of justice including public vs private and civil vs criminal. It defines and explains the different kinds of law including international, national, constitutional, ordinary and positive law. Finally, it discusses how psychology as the science of the mind relates to jurisprudence as a social science, explaining that an understanding of the human mind and psychology is important for the study of law and the legal system.
This document contains information about a 4th semester psychology class covering the introduction to law. It includes the course code and title, paper timing and marks. It then provides definitions and explanations for the terms law, kinds of justice including public vs private and civil vs criminal. It defines and explains the different kinds of law including international, national, constitutional, ordinary and positive law. Finally, it discusses how psychology as the science of the mind relates to jurisprudence as a social science, explaining that an understanding of the human mind and psychology is important for the study of law and the legal system.
Course Title: Introduction to law Paper Timing: 1 hour Total marks: 30 Q1: (a) Define the term law? (5) (b) Define the kinds of justice? (5) Q2: Define the various kinds of law and explain the positive law? (10) Q3: Psychology as a science of mind resembles with jurisprudence as a social science, Define and Explain? (10) (a)law
Law is a definite rule of behavior which is backed by
the sovereign power of the State. It is a general rule of human conduct in society which is made and enforced by the government' Each Law is a binding and authoritative rule or value or decision. Its every violation is punished by the state.
(b) Kinds of justice
1)-Public justice and Private justice
Public justice is basically that kind of justice which the state administers through its tribunals and courts. It explains the relationship between courts and citizens of a state. Courts usually enforce laws that the states make under public justice. On the other hand, private justice regulates the legal relationship between individuals. It is limited to people enforcing concepts of justice amongst each other without approaching courts. Example: For example, let’s imagine that A and B entered into a business transaction in which A paid money to B as promised. B, instead of selling goods to A for the money, refused to fulfill his obligation. If A and B decide to settle their dispute through means of arbitration or negotiation, it is private justice. However, if A approaches a court and sues B, we refer to that as public justice.
2) Civil justice and Criminal justice
In terms of the subject matters of justice, we can categorize it as civil and criminal. Civil justice generally refers to private wrongs that affect specific people or entities. For example, breach of a contract between two parties will affect only one of them. Trespassing of property is another example. The remedy of such civil wrongs is generally to approach civil courts. Criminal justice, on the other hand, affects society in general even if specific people are victims. For example, the murder affects specific victims only but the law treats it as a crime against society. Another feature of criminal justice is that it relates to laws made by a legislature. Only acts that are defined as crimes can be the subject matter of criminal justice. ______________________________________ Q2 kinds of law Kinds of law: there are two main categories if law 1. International law 2. National law. National Laws: the set of rules which look after the activities of people in society through the power of the state. National law is further classified in two: 1. constitutional law 2. Ordinary law. Constitutional law is a form of law which decides the roles, rights, and structure of all bodies present in a state. Mostly it is in written form and stands supreme in the law of the country. It decides how each party of government will function and decides rights and duties of the citizens. What is said of constitutional law will be followed by the state and further by the people. Ordinary law: it has two subdivisions i.e (i) private law (ii) public law. The ordinary law is said to be the national law. It looks after the behavior of the people presents in the state. It is passed by the legislature and decides roles of different executives, organizations, institutions etc and then further judiciary acts upon them. (i) Private law: as the term says private this law look after the relations between individuals. It sets some rules which are for each individual in regards to one another. It ensures that each individual has equal rights. It is the state who solves the issues among individuals or groups. (ii) Public law: this law looks after the affairs of the people of the state and the state itself. The community decides the state and then state formulate and set these laws for all. Public law is further divided into two categories (i) General law (ii) Administrative law. General Law: it decides the relation with those citizens who do no hold any official position in state also known as private citizens. General public laws are formulated for all the citizens of the state who holds direct relation with the state. Administrative law: these laws look after the functions of different administrative agencies or we can say constitutional authorities. It plays as a watchdog of the affairs between the civil servants and the public and also decides the relationship between civil servants and State. positive law: Positive laws (Latin: positum) are human-made laws that oblige or specify an action. It also describes the establishment of specific rights for an individual or group. Etymologically, the name derives from the verb to posit. Explanation: The concept of positive law is distinct from "natural law", which comprises inherent rights, conferred not by act of legislation but by "God, nature, or reason. “Positive law is also described as the law that applies at a certain time (present or past) and at a certain place, consisting of statutory law, and case law as far as it is binding. More specifically, positive law may be characterized as "law actually and specifically enacted or adopted by proper authority for the government of an organized jural society. __________________________ Q3 psychology science of mind
Psychology has been defined as the science of mind
and behavior. It is recognized that no human science can be discussed properly without a thorough knowledge of human mind and hence its close connection with jurisprudence. In the study of criminal jurisprudence, there is great scope for the study of psychological principles in order to understand the criminal mind behind the crime. It is duty of a lawyer to understand the criminal and the working of a criminal mind. Explanation: Psychological jurisprudence or the use of psychology in the legal realm—relies on theories and methods of criminal justice and mental health to make decisions about intervention, policy, and programming. While the intentions behind the law-psychology field are humane, the results often are not. This book provides a "radical" agenda for psychological jurisprudence, one that relies on the insights of literary criticism, psychoanalysis, feminist theory, political economy analysis, postmodernism, and related strains of critical thought. Contributors reveal the roots of psychologic logic and demonstrate how citizen justice and structural reform are displaced by so-called science and facts. A number of complex issues in the law- psychology field are addressed, including forensic mental health decision-making, parricide, competency to stand trial, adolescent identity development, penal punitiveness, and offender rehabilitation. In exploring how the current resolution to these and related controversies fail to promote the dignity or empowerment of persons with mental illness, this book suggests how the law-psychology field can meaningfully contribute to advancing the goals of justice and humanism in psycholegal theory, research, and policy. Conclusion: Every law relates to society and has to be applied on society. It is acceptable, if it is acceptable to human mind. Psychology is compulsory for a jurisprudence to study the minds of people of a society, necessary for legislation. Law is aimed to be followed by individuals, and individuals can only follow law if they intend to follow. Therefore, intention is the very basic element behind every law, Therefore, jurisprudence and psychology both are closely inter-related human sciences. __________________________________