The tribal communities are not above the State law. But for all practical purposes they are governed by complex regimes customary law, administered by community dispute institution. Each tribal group has its own type of legal system. While some tribes have ad hoc or temporary dispute institutions, others have permanent institutions. The Apa Tanis tribes … Read more
Both the Hindu and Muslim systems of law had a religious conception of law in the sense that they were ultimately supposed to have been based on revelation and that the law bound the kings, judges and the subjects. The Muslim law was commandment of God and the sovereigns in the Muslim States were regarded … Read more
The Hindu jurisprudence or the legal system (Vyavahara Dharmasastra) is embedded in Dharma as propounded in the Vedas, Puranas, Smritis, etc. Dharma pervades throughout the Hindu philosophical thought, and the Hindu social structure. Law is, in this sense, considered as a branch of Dharma. Dharma It is most difficult to define dharma. For the students … Read more
Austinian Concept of Law Austin defined law as ‘a rule laid down for the guidance of an intelligent being by an intelligent being having power over him’. Positive law, according to him, consists of commands, set as rules of conduct, by a sovereign member or members of the independent political society wherein the author of … Read more
Broadly speaking, ‘Law’ is a notional pattern of conduct to which actions do or ought to conform. However, there is no simple definition of law. The definition is as complex as the complex social interactions in a society. Further, every person defines law according to his own perception of it. For example, an ordinary citizen … Read more