Political science · An Introduction To Political Theory 9th Edition O. P. Gauba
Chapter 12 : Concept of Law
Table of contents30 sections
- 1.Concept of Law
- 2.Key Terms
- 3.📌 Exam Tidbits
- 4.Nature of Law
- 5.Natural Law School
- 6.Analytical Jurisprudence (Legal Positivism)
- 7.Historical Jurisprudence (Legal Evolutionism)
- 8.Sociological Jurisprudence
- 9.Key Terms
- 10.📌 Exam Tidbits
- 11.Sources of Law
- 12.1. Custom
- 13.2. Religion
- 14.3. Scientific Commentaries
- 15.4. Adjudication
- 16.5. Equity
- 17.6. Legislation
- 18.Key Terms
- 19.📌 Exam Tidbits
- 20.Sphere of Law
- 21.Law and Morality
- 22.Law and Liberty
- 23.Key Terms
- 24.📌 Exam Tidbits
- 25.Supremacy of Law
- 26.Rule of Law
- 27.Due Process of Law
- 28.Key Terms
- 29.📌 Exam Tidbits
- 30.Quick-Recall Box
Chapter preview
Concept of Law
Law is the characteristic of a situation where an object or individual behaves uniformly under specific conditions, indicating regularities of behaviour. It is responsible for all orderliness in the universe and society. In political science, social sciences, and jurisprudence, the term 'law' is applied to indicate prescriptive law unless otherwise specified.
Descriptive vs. Prescriptive Law
| Feature | Descriptive (Scientific) Law | Prescriptive (Stipulative) Law |
|---|---|---|
| Nature | Exists/operates in the universe independently of human will. | Man-made law adopted by society to regulate behaviour. |
| Enforcement | No external agency required. | Enforced by sanctions (punishment, denial of benefits). |
| Test of Validity | 'True' or 'False' (factual sense). | 'Right' or 'Wrong' (moral sense); 'Valid' or 'Invalid' (objective/legal sense). |
| Alteration | Changed only by new scientific discovery/experimentation. | Changed according to human needs, sense of justice, and mode of thinking. |
| Examples | Law of gravitation, law of diminishing returns. | Penal codes, organizational rules. |
Key Terms
| Concept | Definition |
|---|---|
| Law | The characteristic of a situation where an object or individual behaves uniformly under specific conditions, indicating regularities of behaviour; responsible for orderliness. |
| Descriptive (Scientific) Law | Laws that exist independently of human will, tested as 'true' or 'false', and require no external enforcement (e.g., law of gravitation). |
| Prescriptive (Stipulative) Law | Man-made rules adopted by society to regulate behaviour, enforced by sanctions, and tested as 'valid' or 'invalid' objectively, or 'right' or 'wrong' morally. |
📌 Exam Tidbits
- In political science and jurisprudence, "law" always refers to prescriptive law unless stated otherwise.
- Descriptive laws are evaluated as true/false; prescriptive laws are evaluated as valid/invalid (by courts) or right/wrong (morally).
- Prescriptive law is enforced by sanctions; deviation makes one liable to punishment or denial of privilege.
- During adjudication, the 'letter of law' may be supplemented by the 'spirit of law' using doctrines of fairness, reasonableness, and due process.
Nature of Law
The nature of law is described differently by four principal schools of thought in the Western tradition.
Four Principal Schools of Jurisprudence
Natural Law School
- Core Tenets: Postulates a universal system of 'justice' or 'right' distinct from human enactments. It is normative, not positive.
- Historical Evolution:
- c. 300 B.C.: Prevalent since the days…
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