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Class BS Psychology 4th Semester

Course code: Law -1206


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.
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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.
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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.
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