Sudhir Sachdeva Law Classes 9999997086

Jurisprudence

CS Executive- Jurisprudence Interpretation and General Laws Page 1

Sudhir Sachdeva Law Classes 9999997086

Sudhir Sachdeva
Classes
Call 9999997086
to Buy CA, CS, CMA Video Lectures
in
Pen drive / download link mode

www.youtube.com/c/sudhirsachdeva
https://cacscmavideoclasses.blogspot.com/

CS Executive- Jurisprudence Interpretation and General Laws Page 2

Sudhir Sachdeva Law Classes 9999997086

QUESTION.1 DISCUSS THE NATURE AND MEANING OF LAW

The nature and meaning of law has been described by various jurists.
NO UNANIMITY IN • However, there is no unanimity of opinion regarding the
THE MEANING true nature and meaning of law.
• The reason for lack of unanimity on the subject is that
the subject has been viewed and dealt with by different
jurists.

DIFFICULT TO GIVE • Thus general theory of legal order is made at different

PRECISE MEANING times and from different points of view, that is to say,
• from the point of view of
1. Nature,
2. Source,
3. Function and
4. Purpose of law,
• to meet the needs of some given period of legal
development.

• Therefore, it is not practicable to give a precise and

definite meaning to law which may hold good for all times
to come.
VARIOUS • It is desirable to refer to some of the definitions given
DEFINITIONS HELP by different jurists so as to clarify and amplify the term
TO UNDERSTAND ‘LAW’.
• The various definitions of law propounded by legal
Theorists serve to emphasize the different facets of law and
build up a complete and rounded picture of the concept of
law.

Sudhir Sachdeva Classes

Call 9999997086 to buy CA CS CMA Video Lectures
Click for FREE Videos Lectures
www.youtube.com/c/sudhirsachdeva
https://cacscmavideoclasses.blogspot.com/

CS Executive- Jurisprudence Interpretation and General Laws Page 3

Sudhir Sachdeva Law Classes 9999997086

QUESTION.2 DISCUSS THE VARIOUS DEFINITIONS OF LAW

For the purpose of clarity and better understanding of the nature and meaning of law, we may
classify various definitions into five broad classes:
(1) NATURAL SCHOOL Under this school fall most of the ancient definitions.

(1) Roman Jurists

• Ulpine defined Law as “the art or science of what is

equitable and good.”
• Cicero said that Law is “the highest reason implanted in
nature.”
• Justinian’s Digest defines Law as “the standard of
what is just and unjust.”
• In all these definitions, propounded by Romans,
“justice” is the main and guiding element of law.

(2) Ancient Hindu view

• ‘Law’ is the command of God and not of any
political sovereign.
• Everybody including the ruler, is bound to obey it.
• Thus, ‘law’ is a part of “Dharma”.
• The idea of “justice” is always present in Hindu concept
of law.

(3) Modern Natural Law Thinker

• Salmond, the prominent modern natural law thinker,
defines law as
• “the body of principles recognized and applied by the
State in the administration ofjustice.”

In other words, the law consists of

• Rules recognized and acted upon
• by the courts of Justice.

It may be noted that there are two main factors of the

definition.
• First, that to understand law, one should know its
purpose.
• Second, in order to ascertain the true nature of law,

CS Executive- Jurisprudence Interpretation and General Laws Page 4

Sudhir Sachdeva Law Classes 9999997086

one should go to the courts and not to the legislature.

(4) Vinogradoff described Law as

• “a set of rules imposed and enforced
• by society
• with regard to the attribution and exercise of power
• over persons and things.”

Sudhir Sachdeva Classes

Call 9999997086 to buy CA CS CMA Video Lectures
Click for FREE Videos Lectures
www.youtube.com/c/sudhirsachdeva
https://cacscmavideoclasses.blogspot.com/

CS Executive- Jurisprudence Interpretation and General Laws Page 5