The book covers the diverse concepts of jurisprudence such as the nature, scope and meaning of jurisprudence, the schools of jurisprudence, sources of law, concept of law, fundamental legal concepts, administration of justice, legal rights, legal person, property, etc. Introduction almost one hundred years ago, roscoe pound warned about the decline of equity jurisprudence in the american legal system. Natural law natural law means the law which is unwritten and consists of the principles of ought as revealed by the nature of man or reason or derived from god etc. Law and legal theory working papers by an authorized administrator of chicago unbound. Further, the method of enquiry in jurisprudence is different from other legal subjects. It has no such legal authority and further it has no practical application. The jurisprudence and empirics of speedy trials in comparative perspective georgetown journal of international law, vol. Mehr chand mahajan was born in nagrota in the kangra district of punjab, british india in 1889.
Mahajan, attempts to explain the legal concept and theories of law including its sources in simple and understandable language. After completing middle school, mahajan went to study in the government college, lahore, graduating in 1910. Mahajans book makes a valuable contribution in filling up this gap. Jurisprudence notes desi kanoon law, economics and politics. Jurisprudence notes nature and scope of jurisprudence. Mahajan s book makes a valuable contribution in filling up this gap. Introduction to jurisprudence and legal theory brief description.
Buy jurisprudence and legal theory book online at best prices in india on. Recommended citation brian leiter, naturalizing jurisprudence. Development of jurisprudence and theology an introduction. General jurisprudence and legal theory, philosophy of the law and the state. The shia school during their life time the imams remained the chief exponents of the shariah, the islamic law. Cont indeed natural law theory has a history where no other space of legal and political theory is so bejeweled with stars as that of natural law, which scintillates with contribution from all ages. It is a detailed analytical work on subject giving due consideration to the recent developments and latest research in the field. Natural law theory introduction, greeks natural law theory, romans natural law theory, natural law theory of the medieval period with special reference to st. Such disciplines include legal anthropology, legal history, the sociology of law, and political science, together with the creative discipline of international law, in a study of the very relationship between rules of law and the conception of law.
May 17, 2014 aim of legal theory, contents of legal theory and developmental stages of legal theory. The present book, for the sake of convenient study, has been split into five parts. General jurisprudence that branch of legal philosophy concerned with the nature of law and adjudication has been relatively unaffected by the naturalistic strains so evident, for example, in the epistemology, philosophy of mind and moral philosophy of the past forty years. Principles of jurisprudence and legal theory mahajan, vidya dhar on. May 11, 2010 he has in this way established that legal jurisprudence existed in indian civilisation since vedic period. Since the major occultation of the twelfth imam the shias have, as commanded not only by him but also most of the preceding imaams, sought guidance from. What lesson, if any, can law itself teach legal theory including the social, human, and legal sciences about not only law but also the limitations of these theoretical perspectives. Benthams theory, known as utilitarianism, continues to influence legal thinkers in the united states. In a good legal system, as there is already a basis on which the judgment will be passed, a basic framework so to say, the judicial process becomes so much faster.
Such conflicts occur quite regularly nowadays because national law is becoming supra, inter and transnational and because of the growing weight of. The problems of jurisprudence, may well signal the vocabulary of pragmatism as the lingua franca of jurisprudence in the 1990s. Law and economics is one school of thought that traces its lineage to benthamite jurisprudence. Mahajan, jurisprudence and legal theory, ebc, lucknow, 5 th edn. Bharatiya, syed khalids rashids muslim law, ebc, lucknow 4 th edn. Jurisprudence and legal theory 2006 edition open library. International masters programme llm legal theory with european.
Index and the suggested readings, given separately at the end of each chapter, for further material on the topics discussed, add to its utility and supply additional food for study and thought about law and legal science. Thomas aquinas, modern currents in natural law theory. Those who are looking for a unified field theory to encompass all of the insights of the great jurisprudential movements of today will find something to chew on in posners new book. Leiter explains that the realists did not put forward a theory of law, but a theory of adjudication, while pointing out that it is a mistake to ascribe to them the received view, according to which judges exercise unfettered choice in. It is the science of the first principles of civil law.
Jurisprudence or legal theory is the theoretical study of law. The change in focus of comparative law is part of a reorientation of legal theory from the study of rules and concepts of law to the study of the experiences of legal systems as social orders. Many of the imams, when the political atmosphere permitted, held theological classes and also taught other sciences. The jurists have a free approach in their investigations. How does law modulate human behaviour in a social group. A sessions court today pronounced death sentence to a womandaughter duo for their involvement in the sensational murder of orthopaedician deepak mahajan in june last year. The court explained and discussed in depth the terms like cause of action, relief, claim etc.
Chapter 9 practical reason and law 3 chapter 10 kelsens theory of law 155 chapter 11 the integrity and interpretation of law 173 chapter 12 social theory and law 191 chapter marx, marxism and marxist legal theory 215 chapter 14 liberalism and law 235 chapter 15 feminist legal theory 247 chapter 16 critical legal studies 267. Msrlawbooks jurislegal theory p t o page 9 it is a type of investigation into the essential principles of law and the legal systems salmond. This is new edition contains a comprehensive study of the subject, with the latest thinking by the political scientists of thw world today. This book and the book fundamentals of jurisprudence the indian approach are excellent peice of work by dr. Jan 07, 2014 in legal theory and in ancient hindu, greek and roman law natural law has a primitive place. Desi kanoon law, economics and politics a multiauthored blog from india on trade law, economics, constitution, jurisprudence and much more. Buy jurisprudence and legal theory book online at low. A broader but related concept is the merger doctrine. D legal theory and jurisprudence, eastern book company. Some ideas can be expressed intelligibly only in one or a limited number of ways. To clarify the question and begin to outline an answer, this essay. Lessons from equity jurisprudence and roscoe pound jacqueline m.
History, anthropology, and philosophy contribute to this reorientation. Subjectindex given at the end of the book further enhances its utility. Scholars of jurisprudence seek to explain the nature of law in its most general form and provide a deeper understanding of legal reasoning, legal systems, legal institutions, and the role of law in society. Historical jurisprudence legal definition of historical. According to mahajan 2010 a good law should also be efficient. Dhyani and is very useful for the comparative study of the legal systems of both world. Jurisprudence, a study of indian legal theory open library. Does a citizen have a moral duty to always obey the law. There is a dearth of writing by indian authors on jurisprudence and legal theory. Early history of india, revised second edition by mahajan, v. According to mahajan 2010, a good law should also be efficient especially in the dispensation of the law or other judicial processes. Publication date 1987 topics cdak collection digitallibraryindia.
This will help prepare you, ultimately, for the examination. The author in making legal theory more thought provoking and more alive area of scholastic reflection pursuit and learning. This school, also known as economic analysis of the law, argues that judges must decide cases in order to maximize the wealth of society. What is the difference between legal rights and moral duties. Free shipping, cash on delivery at indias favourite online shop flipkart. His father, lala brij lal, was an advocate, who later established a reputed legal practice at dharmsala. Comparative legal systems disciplines of legal theory. Buy jurisprudence and legal theory book online at low prices. While discussing each theory the author has authenticated the subject with reference to all important writers and theoreticians on each of them. In such cases the expression merges with the idea and is therefore not protected. The legal concepts like contracts, torts or criminal law consist of a set of rules.
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