Legal Systems is the study of law and the legal process. It includes learning about the history of law, the institutions and people involved in the legal process, and how law is applied in practice. The Object of Law Study What the term “law” means? In one sense, the “law” is a large body of rules … Read more
The major legal systems in the contemporary world could be divided into three types: Romano-Germanic family, Common law family, and the family of Socialist law. Besides these, other systems also exist. (a) Romano Germanic Family This groups includes those countries in which legal science has developed on the basis of Roman jus civile (the civil … Read more
‘Law’ defines the political organization and structure of society, provides a scheme of individual relationship within it and contributes to the stability of society by offering an objective mechanism for the resolution of disputes and conflicts within the community. All extensive human societies possess law in some form or other. ‘Legal system’ is the totalityof … Read more
In India, the decisions of the Supreme Court and the High Courts are binding over their subordinate courts. A judicial precedent is a judicial decision to which authority has in some measures been attached (Keeton). The traditional view of the function of an English Judge that it is not to make law but to decide … Read more
According to the doctrine of stare decisis, when a point of law has been once settled by a judicial decision, it forms a precedent which is binding and must be followed. The common law doctrine of stare decisis requires that the decisions of superior jurisdiction must have, apart from their intrinsic merit, a binding force … 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
A source of law means either the manufacture or origin of a law or the ability to impart a rule or norm the quality of law. The term “source” is used to connote those agencies by which rules of conduct acquire the character of law by becoming objectively defined, uniform, and, compulsory. Salmond classified the … Read more
Ever since law has been recognised as an effective instrument of social ordering there has been an ongoing debate on its relationship with morality. According to Salmond, natural or moral law means the principles of natural rights and wrongs. According to Paton, morals or ethics is a study of the supreme good. In general, morality … 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
The National Consumer Dispute Redressal Commission (NCDRC) observed that the surveyor’s report of the incident can act as a prerequisite for the insurance claim but it is neither conclusive in nature nor binding on the parties. The bench of the National Consumer Dispute Redressal Commission (NCDRC) led by presiding member, Justice R.K. Agrawal, made a significant … Read more