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Law Notes....................................., Study notes of Law

Notes for Judiciary........................................................................................................................................................

Typology: Study notes

2020/2021

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Important theories and ideas of Jurists
Jurisprudence is the philosophical aspect of knowledge of law- Cicero
Jurisprudence is philosophy of positive law- John Austin
Social Engineering- Roscoe Pound
Jural Postulates- Roscoe Pound
Functional School- Roscoe Pound
Duty of law is to make valuation of interests- Roscoe Pound
Aim of law is to balance the computing interest in society- Roscoe Pound
Jurisprudence is lawyer's extroversion- Julius Stone
Fictions are swadling clothes of legal change- Julius Stone.
Grundnorm- Kelson
Pure theory of law- Kelson
Legal order is a "pyramid of norms"- Kelson
Darwinian before Darwin or Sociologist befor Sociologists - Savingny (named by
Allen)
Social Darwinist- Sir Henry Maine
Comparitive Method study- Henry Maine
Started scientific positiveism - Auguste Compte
Social phenomena is a biological process- Herbert Spencer.
Theory of social utilitarianism- lhring
Interest theory of legal rights- Ihring
Balance of interest theory- Rudolf Ihering
Theory of living law- Eugen Ehrlich
Movement of progressive societies have Hitherto been from status to contract-
Henry Maine
Law is what officials do about disputes- Karl Llewellyn
Who made fact finding by courts as a Central theme of Realism- Jerome Frank
Law is uncertain and certility of law is a legal myth- Jerome Frank
Who discussed law from the point of view of Bad Man- Oliver Windell Holmes.
Custom is transcendent law- Manu
Jurisprudence is the "eye of law"- Laski
Jurisprudence is the scientific synthesis of essential principles of law- C.K. Allen
Referred Analytical School as Imperative School- C.K.Allen
Social contract is not a historical fact but a hypothetical construction of reasons-
Rousseau
Exponent of Natural law with the variable content- R. Stammler
Neo- Kantian- Stammler
Theory of justice- Rawls
Positivism is a triology of command sanction and sovereignty- Hart
Theory of "pain and pleasure"- Bentham
Custom is to society but law is to state- Salmond
Right is an interest recognised and protected by a rule of law- Salmond
Judges not only discovered no but also they make law- Gray
Law is what judges declare- Gray
The Courts fuel life into the dead words of statute- Gray
Adherence to precedents should be the rule not the exception- Cardozo
Justice is never given it is always a task to be achieved- Freidrich

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Important theories and ideas of Jurists

  • Jurisprudence is the philosophical aspect of knowledge of law- Cicero
  • Jurisprudence is philosophy of positive law- John Austin
  • Social Engineering- Roscoe Pound
  • Jural Postulates- Roscoe Pound
  • Functional School- Roscoe Pound
  • Duty of law is to make valuation of interests- Roscoe Pound
  • Aim of law is to balance the computing interest in society- Roscoe Pound
  • Jurisprudence is lawyer's extroversion- Julius Stone
  • Fictions are swadling clothes of legal change- Julius Stone.
  • Grundnorm- Kelson
  • Pure theory of law- Kelson
  • Legal order is a "pyramid of norms"- Kelson
  • Darwinian before Darwin or Sociologist befor Sociologists - Savingny (named by Allen)
  • Social Darwinist- Sir Henry Maine
  • Comparitive Method study- Henry Maine
  • Started scientific positiveism - Auguste Compte
  • Social phenomena is a biological process- Herbert Spencer.
  • Theory of social utilitarianism- lhring
  • Interest theory of legal rights- Ihring
  • Balance of interest theory- Rudolf Ihering
  • Theory of living law- Eugen Ehrlich
  • Movement of progressive societies have Hitherto been from status to contract- Henry Maine
  • Law is what officials do about disputes- Karl Llewellyn
  • Who made fact finding by courts as a Central theme of Realism- Jerome Frank
  • Law is uncertain and certility of law is a legal myth- Jerome Frank
  • Who discussed law from the point of view of Bad Man- Oliver Windell Holmes.
  • Custom is transcendent law- Manu
  • Jurisprudence is the "eye of law"- Laski
  • Jurisprudence is the scientific synthesis of essential principles of law- C.K. Allen
  • Referred Analytical School as Imperative School- C.K.Allen
  • Social contract is not a historical fact but a hypothetical construction of reasons- Rousseau
  • Exponent of Natural law with the variable content- R. Stammler
  • Neo- Kantian- Stammler
  • Theory of justice- Rawls
  • Positivism is a triology of command sanction and sovereignty- Hart
  • Theory of "pain and pleasure"- Bentham
  • Custom is to society but law is to state- Salmond
  • Right is an interest recognised and protected by a rule of law- Salmond
  • Judges not only discovered no but also they make law- Gray
  • Law is what judges declare- Gray
  • The Courts fuel life into the dead words of statute- Gray
  • Adherence to precedents should be the rule not the exception- Cardozo
  • Justice is never given it is always a task to be achieved- Freidrich