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Pratap Divyesh's Blog, page 122
April 13, 2014
Marxist School of jurisprudence
The Marxist school of jurisprudence was propounded mainly by Karl Marx. He believed in the utility of multi-disciplinary approach in the study of phenomena.
He was passionate about effecting revolutionary societal change through the overthrow of the existing, dominant capitalist order with the aid of knowledge acquired from multidisciplinary sources.
Against this background, he propounded three doctrines including dialectical materialism, laws of economic production, and historical materialism....
He was passionate about effecting revolutionary societal change through the overthrow of the existing, dominant capitalist order with the aid of knowledge acquired from multidisciplinary sources.
Against this background, he propounded three doctrines including dialectical materialism, laws of economic production, and historical materialism....
LEGAL POSITIVISM: HANS KELSEN
Kelsen defines law as a system of norms, as the primary norm which stipulates the sanction. The norm is valid if it was enacted in accordance with the stipulation of the legal order. The system of norms forms a hierarchy in the legal order with grundnorm sitting atop. Validity of the norms derives from their capacity to trace their direct or indirect origin to the grundnorm. Validity is distinguished from efficacy of norm. While the former deals with legitimacy, the latter refers to effective...
LEGAL POSITIVISM: JOHN AUSTIN
Austin defined law as the command of the uncommanded commander. It is this point of view that informed his categorization and discussion of various types of law. Thereafter, we examined the trilogy of the sovereign, command and sanctions. Herein, we attempted some analyses of the constituents of the trilogy and, where appropriate, tried to situate it in contemporary politico-legal milieu. In the main, it was found that the trilogy is a hard sell in contemporary governance of States. We ended...
April 11, 2014
VON SAVIGNY’S HISTORICAL SCHOOL OF LAW
The historical approach to law holds that legal development is a function of the people. In other words, the law is tied to the mores, culture or tradition of the people. Savigny perceived law as reflective of the spirit of the people, the volkgeist. To him, legal development is evolutionary, not revolutionary. Laws are to be found, not made or given. According to Savigny, legal development passes through the early stage of unwritten custom, then codification of those customs and, lastly, pur...
HENRY MAINE’S HISTORICAL SCHOOL OF LAW
Maine brought his knowledge of earlier societies to bear on legal development. His approach re-affirms the utility of history in understanding today and tomorrow.
However, in his study of static and progressive societies, he tended to take too much for granted. This is evident in the fact that there are very few societies that can be strictly categorized as static or progressive. What you are most likely going to find is a bit of this, a bit of that, or a hybrid.
Finally, we conclude by saying...
However, in his study of static and progressive societies, he tended to take too much for granted. This is evident in the fact that there are very few societies that can be strictly categorized as static or progressive. What you are most likely going to find is a bit of this, a bit of that, or a hybrid.
Finally, we conclude by saying...
April 8, 2014
Principals to be given Concernment
During his early days as Acharya Rajneesh, a correspondent asked Rajneesh for his "ten commandments". He noted that it was a difficult matter because he was against any kind of commandment, but "just for fun" listed the following:
Never obey anyone's command unless it is coming from within you .There is no God other than life itself.Truth is within you, do not search for it elsewhere.Love is prayer.To become a nothingness is the door to truth. Nothingness itself is the means, the goal and atta...
Never obey anyone's command unless it is coming from within you .There is no God other than life itself.Truth is within you, do not search for it elsewhere.Love is prayer.To become a nothingness is the door to truth. Nothingness itself is the means, the goal and atta...
April 6, 2014
From Darkness to Light [Tagore,s Freedom]
Where the mind is without fear and the head is held high
Where knowledge is free
Where the world has not been broken up into fragments
By narrow domestic walls
Where words come out from the depth of truth
Where tireless striving stretches its arms towards perfection
Where the clear stream of reason has not lost its way
Into the dreary desert sand of dead habit
Where the mind is led forward by thee
Into ever-widening thought and action
Into that heaven of freedom, my Father, let my country awa...
Where knowledge is free
Where the world has not been broken up into fragments
By narrow domestic walls
Where words come out from the depth of truth
Where tireless striving stretches its arms towards perfection
Where the clear stream of reason has not lost its way
Into the dreary desert sand of dead habit
Where the mind is led forward by thee
Into ever-widening thought and action
Into that heaven of freedom, my Father, let my country awa...
