Jurisprudence

CHAPTER  2 SOURCES OF LAW T he major sources of law are: i)    Legislation, ii)    Precedents, iii)   Custom. Ch. 2-1 Legislation: as a superior source: over Precedent: Salmond opines that 'Case law is gold in the mine, a few grains of the precious metal to the ton of useless matter, while Statute law is the coin of the realm ready lor immediate use'.   Legislation is the main source of law. It consists of the declaration of legal rules by a competent authority like the Parliament or the other legislative bodies. It is an enunciation of principles having the force of law . The courts recognise these as law.   Legislation also called Statute Law has become the standard form of law. The earlier forms, that is precedent, custom based on religious faith or practice or revelations of men have lost much of their efficacy. The result is that legislation is the most powerful and the latest instrument in legal growth. ...

CHAPTER  1 JURISPRUDENCE :  MEANING & VALUE Ch. 1.1 Jurisprudence: Meaning: Jurisprudence is derived from the Latin terms ‘Juris’ meaning  legal and prudentia   meaning "knowledge". It is that science which deals with the " Knowledge of law".   It is defined as a study of the fundamental legal principles including their philosophical, historical and sociological bases, and, an analysis of legal concepts. It is a type of investigation into the essential principles of law and the legal systems (Salmond). It is the science of the first principles of civil law. The legal concepts like contracts, torts or criminal law consist of a set of rules. It has no such legal authority and further it has no practical application. The jurists have a free approach in their investigations.  Further, the method of enquiry in jurisprudence is different from other legal subjects.  The questions answered are: What is law ? What it is ,for a rule , to be le...