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Philosophical School Historical School Realist School Sociological School Analytical School Analytical school -ralation of law = state Jeremy Bentham -book -limits of jurispu.. Principle of utility -pleasure & pain Intensity ,duration ,certainty, nearness,purity,exenct Human and fredrom(lasisez faire (let the men free) John Austin(english school/imperitive school) book province of jurispudance determined Law =camand by sovereign bad by sanction Historical school Law and scocity (customs ,people &history) Montesquieu (spirit of laws) Law must be in pase with changing needs of society Savigny(father of historical school) Volkgeist theory (general will of people) 3.HENRY MAINE(status to contract) 4.puchta (general will vs self intrest) Sociological school 1.EHLIRICH(living law) Main source =scocity 2.roscoe pound(maxim happiness &min friction) Social enginerring Five jural postulate (stict libality Criminal law, law of pattents ,l F contracts ,L f trots 3.august comte Founder Organic theory. 4.dugit Comte+durkhiem theory integrat Social solidarity 5.rudolf van ithering Father of modern sociological school Individual intrest vs social intrest Philosophical school(natural law school) law is based on reason justice for law 1.thomas Aquinas Religion has major role 2 JOHN LOCKE Booktwo treaties of government Social contract theory 3.imanuel kant We the people United will of people 4.FICHTE FREDOM -MUTAL TERM 5.HEGEL Most prominent in philo scho Evolutionary dynamic process REALIST SCHOOL Studies law in action Judgement given by judges Developed in America &Europe Doctrine of president Supreme cort is superior All other court follow in hierarchy American 1.john gray (father of rel 2.oliver vendor holmes(judge) Bad men Law=experience +logic 3.jerome frank Book law and moden mind Certainty of law is a legal myth Rules and facts = legal decision 4.lewellyn Institution Law should be flux Harts theory -primary and secondary rules Kinds of rtights Anything to with u r morally and legay entitled 1.Primary rights Basic rights available to you Gurentied by law Privilages given by law Bundle of other rights which make u owner of So many rights 2.Sanctioning right /remedial right U r entitled on violation of primary rights Enforcement of rights 1.specific enforcement of that very right 2.sanctional enforcement Compensation or penality Compensation 1.restitution Giving earlier position 2.penal redress criminal guity person demands more other remedies 1.injunction 2.self help action Punishments 1.deterrent Punishmet is huge to avoid crim J bentham founder 2.retributive Stop the crimes 3.preventive 4.refformative Renewal of life

Primary functions of court administration of justice Secondary fucnctions of court Petition of Right: 2. Declaration of Dight: 3. Administration: 4. Titles of Right: Nature of law  Idealistic  Positivistic  Sociological  Realistic Kinds of law  Salmond – 1. Imperative 2. Physical or scientific law 3. Natural or moral law 4. Conventional law 5. Customary law 6. Practical law 7. International law 8. Civil law  According to Holland – 1. Substantive and procedural law 2. Personal law, public law and international law 3. General and specific law 4. In rem and in personam law 5. Antecedent law remedial law  According to Austin 1. Divine law 2. Human law 3. Law figuratively so called  Chief forms of special law 1. Local laws 2. Conflict of laws 3. Conventional law 4. Autonomic law 5. Martial law 6. Prize law Justice the quality of being just impartial and fair. Some definition of justice  According to Ulpian –‘justice is the constant and perpetual will to render to everyone that to which he is entitled’.  cicero -justice is the disposition of human mind to render to everyone his due.  Acquinas-justice is a habit where by a man renders to each his due by a constant and perpetual will

Kinds Of Justice  Natural Justice  Social Justice  Economic Justice  Political Justice Types of administration of justice 1. Civil administration of justice 2. Criminal administration of justice Doctrine of Precedent

Waman Rao v. Union of India Mirehouse v. Rennell State of Kerala v. Vasudevan Ratio Decidendi means ‘reason for deciding’ B. Shama Rao v. UT of Pondicherry Obiter Dicta defined in the case of Mohandas Issardas v. A.N. Sattanathan opinion of judge don’t have importance in decision Sarwan Singh Lamba v. Union of India Kinda of jurispudance

Analytical Jurisprudence. Historical Jurisprudence. Ethical Jurisprudence.

Sources Of Law 1.Legislative. Supreme and subordinate 2.Precedents. Authoritative precedents or absolute precedent: whether judge approve it or not this kind of precedent must be followed. Conditional precedent: The judge may disregard either by dissenting or by over ruling it known as conditional precedent. Persuasive precedents: Judges have no obligation to follow can take into consideration. Precedent of other court i.e. Foreign court.

3.Customs. 1.Legal Custom 2.Conventional Custom. -General Custom,Local Custom. 4.Opinion juris (statutory interpretation and preparatory works). 5.Justice equity and good conscience....