Jurisprudence

*Main aspects of jurisprudence

Natural Law:
This is about following rules that are thought to be fundamental to nature. Our laws should
match up with these natural rules.

Analytical Jurisprudence:
This is about figuring out what exactly law is, how we decide if something is a law, and how law
relates to what's right or wrong.

Normative Jurisprudence:
This is about deciding what our laws should be like, whether we should obey them, why we
punish people who break them, how much control the government should have, and how judges
should make decisions.

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*Black's Law Dictionary:

"Law is a set of rules established by a governing authority, which people must obey. Failure to
comply can result in legal consequences."

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*Nature of law

"Law as Dictate of Reason" from the Natural Law Theory says that there are basic moral rules
rooted in the way the world works. We can figure these out using common sense and logic.
Laws that go against these basic rules aren't really laws at all, they're just mistakes pretending
to be laws.

"Law as a Command of Sovereign" basically means that laws are like orders from the boss (the
government). If you don't follow them, you might get in trouble. It's like when a teacher tells you
to do something in class – you're supposed to listen, or there could be consequences.

"Law as a Practice of Court" means that law is seen as something created and enforced through
the legal system, particularly the courts. According to this view, the law is the result of the state's
decisions, which are implemented and interpreted by the courts. So, law is essentially a set of
rules that the courts recognize and use when administering justice.

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*Function/ Purpose of law

1. Law is a means to an end, not an end itself.

2. Society uses law as a tool to achieve justice.
3. Justice can be divided into distributive justice and corrective justice.
4. Distributive justice aims for social balance and treating everyone equally.
5. Corrective justice intervenes when equality is disturbed, restoring balance.

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*Sources of law

(A) Legislation :
refers to the process of making laws. It involves creating legal rules by an authorized authority,
like a government or parliament.

1. **Supreme Legislation**: Comes from the highest authority in the state, like the Parliament in
Pakistan. It cannot be changed or controlled by any other legislative body.

2. **Subordinate Legislation**: Comes from authorities other than the highest power. Its validity
depends on a higher authority.

3. **Judicial Legislation**: Superior courts can make rules for their own procedures.

4. **Municipal Legislation**: Local authorities, like city councils, make laws (called bye-laws) for
specific purposes within their areas.

5. **Executive Legislation**: Administrative departments of the government have certain powers

delegated by Parliament.

6. **Autonomous Legislation**: Private entities, like universities or companies, can make laws
(bye-laws) within their own sphere, recognized and enforced by courts.

(B)Case Law

Precedent, or case law, is when courts use past decisions to help decide similar cases in the
future. Judges must follow authoritative precedents, but they can consider persuasive ones too.
It's like using examples from the past to make decisions in the present.

In case law, there are two important ideas:

1. **Obiter dictum**: These are side comments or opinions from a judge that aren't crucial to the
decision and don't set a precedent.

2. **Ratio decidendi**: This is the main reason for the court's decision. It's the rule or principle
that becomes a binding precedent for similar cases in lower courts.

(C) Custom Law

In simple terms, customs are the traditions or practices of people that have been consistently
followed for a long time. When these customs are widely accepted and become a habit, they
can be considered compulsory and have the force of law in a particular place or for a specific
subject.

(D) Conventional law

In easy words, conventions law refers to agreements or understandings between parties, which
are based on mutual consent. This is different from legal laws, which are created or enforced by
the government. So, conventions come from agreements between people, while legal laws
come from the government's actions.

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*Legal Rights:

1. **Wrongs**: A wrong is when someone does something against what is considered right and
fair. Legally, it's an act that goes against both natural justice and the law.

2. **Duties**: A duty is something that one should do. Not doing it would be considered wrong.

3. **Rights**: Rights are interests or things that are protected by rules, either moral rules or legal
laws. They ensure that individuals are treated fairly and have certain entitlements.

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Three Major institution of Pakistan :

1. **Superior Judiciary**: These are the big courts like the Supreme Court of Pakistan, High
Courts, and the Federal Shariah Court, which deal with important legal issues.

2. **Subordinate Judiciary**: These are the smaller courts for everyday matters, split into civil
(dealing with disputes between individuals or organizations) and criminal (handling cases
involving crimes).

3. **Administrative Tribunals and Special Courts**: These are special courts for specific types of
cases, such as administrative disputes or particular areas of law like taxes or family matters.

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Supreme Court of Pakistan (Article 175)

Original Jurisdiction
Advisory Jurisdiction
Appellate Jurisdiction

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High Courts (Article 175(1))

Constitutional Jurisdiction
Appellate Jurisdiction
Original Jurisdiction

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Federal Shariat Court (Article 203-A to 203-J)

Appellate Jurisdiction
Original Jurisdiction

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