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Introduction to Jurisprudence

Jurisprudence, also known as legal philosophy, is the study of the nature of law, its sources, and its relationship to society. In this chapter, we will explore the fundamental concepts of jurisprudence within the framework of Indian law.

Definition of Law​

Law is defined as a set of rules and regulations established by a governing authority to regulate the behavior of individuals and organizations within a specific territory. India, the Constitution serves as the supreme law of the land, providing the foundation for all other laws.

Case Law: Kesavananda Bharati v. State of Kerala (1973)​

In this landmark case, the Supreme Court of India held that Parliament had the power to amend any part of the Constitution, except Part III (Fundamental Rights). This decision established the doctrine of basic structure, limiting Parliament's power to amend certain fundamental aspects of the Constitution.

Legal Section: Article 368 of the Indian Constitution

Sources of Law​

Indian law has several sources, including:

  1. Statutes (Acts of Parliament)
  2. Case Laws
  3. Customary Law
  4. Treaties and International Agreements

Statutory Law​

Statutory law refers to laws enacted by legislative bodies. India, these are primarily created by the Lok Sabha and Rajya Vidhan Sabha.

Example: The Information Technology Act, 2000

Legal Section: Sections 43A and 66 of the Information Technology Act, 2000

Case Law​

Case law, also known as judicial precedent, consists of decisions made by courts. These precedents serve as guidelines for future cases with similar facts.

Example: Vishaka v. State of Rajasthan (1997)

This case established guidelines for sexual harassment at workplaces, setting a precedent for future cases dealing with workplace rights.

Legal Section: Not applicable (Judicial Precedent)

Two major theories in jurisprudence are legal positivism and natural law theory.

Legal positivism argues that the validity of a law depends on its social origin and not on its content. It emphasizes the role of human-made rules in creating law.

Example: John Austin's "The Province of Jurisprudence Determined"

Austin argued that law is a command issued by a sovereign authority.

Natural Law Theory​

Natural law theory suggests that moral principles exist independently of positive law and can be understood through reason. It proposes that true law should conform to universal moral standards.

Example: Immanuel Kant's "Metaphysics of Morals"

Kant argued that moral laws are universal and absolute, independent of human will.

Conclusion​

Jurisprudence plays a crucial role in understanding the nature and structure of law. By examining the various sources of law and theoretical frameworks, we gain insight into how the legal system functions and evolves. As students of law and LLB, it is essential to understand these concepts to effectively navigate the complexities of legal practice and scholarship.

Remember, the study of jurisprudence is an ongoing process. New case laws and interpretations continually shape our understanding of what constitutes valid law. Always refer to the most recent legal developments and official government sources for the most accurate information.

References

  1. Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461
  2. Vishaka v. State of Rajasthan, JT 1997 (7) SC 384
  3. Information Technology Act, 2000
  4. John Austin, "The Province of Jurisprudence Determined" (1832)
  5. Immanuel Kant, "Metaphysics of Morals" (1797)
  6. The Constitution of India, 1950