Module – I

- Adv. Uttara PV
Jurisprudence
• Philosophy of law
Schools
• Natural law
• God given rights
• Aristotle
• Hobbes
• John Locke
• Rousseau
• St. Thomas Aquinas
• Lon Fuller
• Finnis
• Dworkin
Schools
• Positivism
• Bentham
• Austin
• H.L.A. Hart
Schools of Thought
• Analytic
• Law in relation to the state
• Austin- “Law is the command of the Sovereign
• Bentham
• Historical
• Law in relation to the society
• Law must keep in tune with needs of society
• Montesque
• Savigny
• Henry Maine
Sociological school
• Relation between law and sociology
• Origin of law is from society, law can curb the menace of society
• Ehrilch
• Rocoe Pount- social engineering
• Rudolph Van inhering
• Dugout
Realist School
• Law is judge-made
• Oliver Wendell Holmes,
• John Gray
Stare decisis
• to stand by things decided,
• Rule of Precedent
Ratio decidendi
• Reason for deciding
• Main part of judgement
• Having precedentiary value
Obiter dicta
•  opinion expressed by the judge
• does not have any importance in the decision.
Overruling
• Changing a previous decision of court
• Prospective Overruling- decision made in a case can have effect only
in the future
Rules of interpretation of statutes
• Strict Interpretation- letter not spirit of law
• Liberal Interpretation 
• Contextual interpretation
• Historical interpretation
• Contemporaneous exposition-  contemporary opinion,
importance to custom
Rules of interpretation of statutes
• Literal/ Grammatical Rule 
• Golden Rule – Normal meaning to be departed from when there
is absurdity or no logic
• Eg: ’Do not use lifts in case of fire’
• Mischief Rule - Intention of legislators to be determined
• What mischief did the legislators seek to remedy?
• Harmonious Construction 
Ejusdem generis
• of the same kind.
• When there are general words following particular and specific words,
the general words must be confined to things of the same kind as
those specifically mentioned.
• Eg: automobiles, trucks, tractors, and other motor-powered vehicles,
Pari materia
• on the same subject or matter : in a similar case.
In bonem partem
• words used in a statute are to be taken in their lawful sense
• Exception: Tax
Utlitarian theory
• Bentham
• Greatest Pleasure for Greatest number
Parts of a statute
• Short Title.
• Long Title
• Preamble
• Enacting Forumla
• Main Body
• Definitions.
• Coming into force/Commencement
• Enforcement Provisions.
• Schedules
• Explanatory notes
Non obtante clause
• uphold its enforceability over another provision that is contradictory
to it
Proviso
• Limiting the ambit of the statute
General Clauses Act
• General definitions not found in a stature