Tiêu đề English Jurisprudence question No 3..pdf ✅

ALVI LAW ASSOCIATES 0313-4384159 Regards: Wajeeh Ahsan Alvi (M.A, LLB, DTL) Contact No: 0313-4384159 NOTE: These notes are the intellectual property of ALVI LAW ASSOCIATES by WAJEEH AHSAN ALVI not for sale not for Re- forward if anyone found in any of above activity will responsible for the consequences. If you are going to study these Notes, I’ll recommend you to take lecture of these questions for better understanding and concept building then you will be better able to understand the question and answer accordingly. All lectures and important stuff is available on my YouTube channel. Channel name Alvi Law Associates. For free notes and lectures series WhatsApp only. Here is the playlist of all lectures of ENGLISH JURISPRUDENCE you can watch lecture of this question from here. https://www.youtube.com/watch?v=pap1Dai9vhQ&list=PLXTPClsX2h dCOj95eYG5BOd7z1Pq2yov9&pp=iAQB Question # 03: Define law, Discuss the advantages and disadvantages of fixed rules of law? (This question is from 2nd topic of the Outline). 1. INTRODUCTION: Law is like a set of rules made by leaders to keep things fair and peaceful. Fixed rules, or always-the-same rules, help everyone know what to expect. This makes things stable and fair. But sometimes, these rules might not fit every situation, causing problems. So, having rules that are both firm and a bit flexible is important for making sure everything is fair and square. 2. MEANING OF LAW:
• The word law is derived from Lag which means that something lay down or fixed. • Law is like a set of rules that a community or country agrees on. These rules help everyone know how to behave fairly and safely, and they are enforced by special people called judges and police to make sure everyone follows them. • According to Black’s Law Dictionary: “The term law means the regime that orders the human activities and relation through systematic application of the force of politically organized society, or through social pressure, backed by force in such a society.” 3. DEFINITIONS OF LAW: Here are some definitions of law by different jurists. • According to Salmond: “Law is the body of principals recognized and applied by the state in the administration of justice.” • According to Ulpian: “Law as the art of science of what is equitable and good.” • According to Austin: “Law is the aggregate of rules set by men as politically superior, or sovereign, to men as politically subject.” • According to Cicero: “Law is the highest reason implanted in nature.” 4. NATURE OF LAW:
The concept of the nature of law refers to understanding what law is and where it comes from. Essentially, it involves exploring the fundamental characteristics and principles that define legal systems. Laws are rules created by societies to maintain order and ensure fair treatment. They can be based on moral values, customs, or written statutes. The nature of law examines whether laws should reflect objective truths or if they are simply human-made rules. It also explores the idea of justice and how laws contribute to a functioning and just society. In simple terms, the nature of law is about figuring out what laws are, why they exist, and how they shape the way people live together in a community. 5. ADVANTAGES AND DISADVANTAGES OF FIXED RULE OF LAW: ✓ Advantages of Fixed Rules of Law: • Consistency: Fixed rules provide a stable and consistent framework for governing behavior. • Predictability: People can anticipate the consequences of their actions, promoting a sense of predictability in the legal system. • Fairness: Fixed rules help ensure equal treatment for everyone under the law, reducing the risk of arbitrary decisions. • Stability: The legal system remains relatively stable over time, fostering a sense of security in society. ✓ Disadvantages of Fixed Rules of Law: • Rigidity: Fixed rules may become outdated and fail to adapt to changing circumstances or evolving societal values. • Inflexibility: Strict adherence to fixed rules can limit the ability to address unique or exceptional cases appropriately.
• Complexity: Over time, an accumulation of fixed rules can lead to a complex and convoluted legal system, making it difficult for people to understand and navigate. • Unintended Consequences: Some fixed rules may have unintended consequences, as they cannot anticipate every possible scenario. 7. KINDS OF LAW: Following are the major kinds of law. • Public Law: Public law deals with issues affecting the whole community. It includes constitutional, administrative, and criminal law, focusing on government actions and citizen rights in a society. • General Law: General law encompasses common legal principles applicable to various situations. It includes contracts, torts, and property law, addressing everyday legal matters affecting individuals and businesses in society. • Private Law: Private law involves disputes between private parties, like individuals or organizations. It covers areas such as family law, contracts, and property transactions, focusing on relationships and agreements between private entities. • Special Law: Special law pertains to specific areas or industries, creating unique rules. Examples include environmental law, intellectual property law, and tax law, tailored to address specialized issues within those fields. 8. CONCLUSION: Law is a set of rules established by a society to regulate behavior and maintain order. Fixed rules of law provide clarity, consistency, and fairness. Advantages include predictability and equal treatment. However, disadvantages may arise when laws