Jurisprudence

Definition: Juris=Law, Prudence=Knowledge. This study of the philosophy and theory of law

Scope: vast and diverse, covering various topics such as: Legal logic, Legal frameworks, Human behavior, Politics, Economics, Culture

Nature: Different from social science. It is not codified but growing and dynamic subject, having no limitation in itself.

Importance: Called eye of law

How Jurisprudence is related to other Social Sciences

Sociology(means science that studies human societies and their interactions): The Sociological school of Jurisprudence advocates that the Law and society are related to each other.

Psychology(science of mind and behavior): Understanding the criminal's mental condition is critical in determining the appropriate punishment. For example, psychological evaluations can evaluate whether or not a defendant is mentally fit to commit the offence.

Economics(means how people, businesses, governments, and countries use resources to produce, distribute, and consume goods and services): economic theory and method to the practice of law. karl marx views

History: History helps jurisprudence to go deep into the origin and evolution of different legal terms.

Kinds of Jurisprudence:

General & Particular/Specific: explores the principles, that are common to all legal systems

Expositorial(what law is) & Ceusorial(what law ought to be)

Salmond: Analytical, Historical, Ethical

Julius Stone: a. Law & logic, b. Law & Justice, c. Law & society

Jurist	Definition
C.K. Allen	Jurisprudence is scientific synthesis(Composition) of all the essential principles of law
GW Paton	This is study of law of 1 particular country but general notion of law
John Chipman Gray	the science of law, the statement and systematic arrangement of the rules followed by the Court and the principles involved in those rules
Salmond	Science of the first(basic) principles of civil/state law. Kinds of Jurisprudence 1. General: Defined as general science of Civil Law. For all legal systems worldwide. 2. Specific: Defined as science of the first principle of civil law. Kinds of Law as per Salmond 1. International: applies universally 2. Conventional: Agreed upon rules by people for good conduct towards each other. Eg: co-operative society. 3. Customary: habitually followed by the majority of the people 4. Civil: law of the state, lawyers, courts. 5. Natural Law 6. Scientific: law of nature eg: law of motion, gravitation, and of chemical reactions.
Thomas Erskine Holland(English)	Positive Law
Ulpian(Roman)	The observation of things divine and human, the science of just and unjust. same as Dharma

Jurisprudence is Eye of Law because

- it's considered the grammar of law.
- Jurisprudence contains the general principles upon which actual rules of law are based
- As eyes show the way to the man on which he moves further. Jurisprudence teaches lawyers and legislators the correct use of legal terms.
- It also helps lawyers find out the actual rule of law by understanding the nature of law, its concepts, and distinctions.

Primary and sanctioning rights

Primary: These rights are those which should not voilate the other rights. Eg: Right to fulfill contract
Santioning(Remedial Rights): Arises out of voilation of other rights. Eg: Assault to other person.

Administration of Justice(sem-2)

Process by which a government uses its power to enforce rules. Justice is goal of law.

Advantages of Justice: Uniformity and Certainty, Protection of Citizens Rights, Equitable Administration of Laws, Deterrence of Crime
Disadvantages of Justice: Lack of Flexibility, Cost, Technicalities and formalities, Bias, Limited Rehabilitation, Public Perception

Definitions by Jurist

Jurist	Definition
Salmond	This is maintainance of rights within civilized community. Men moves by his own intrests and passions.
Ulpian	Contant practice to render to everyone which everyone is entiltled for
Cicero	render to everyone which is due for him
Acquinas	Habit by which man render to others whatever is due for him
Friedman	equality of equals
Rawls	1. All people have right to similar liberty 2. Social,Economic inequalities are to be managed such that everyone is at advantage.

Forms of Justice

Name	Meaning
Natural or Moral	Gift of God. I must return whatever lent to me.
Distributive/Correlative	People are recieving their fair share of distributive outcome.
Social	Major social institutions distribute fundamental rights and duties

Kinds of Administration of Justice

1. Private justice: This is the justice between individuals. It is a relationship between individuals and reflects the ethical justice that should exist between them.
2. Public justice: Administered by the state through its courts and tribunals. It regulates the relationship between the courts and individuals.

1. Civil justice: Cases filed in civil court. Remedy: damages.
2. Criminal justice: Cases filed in criminal courts. Remedy: punishment.

Theories of punishment(sem-2)

Name	Definition
Detterent(means something that prevents, checks) Theory	Criminal penalties can deter people from committing crimes
Preventive Theory	Aims to prevent criminals from committing crimes in the future. Punishment given to the offender is not to avenge the crime, but to prevent the offense
Reformative Theory	Focuses on reforming and rehabilitating offenders
Retributive Theory	punishing lawbreakers and compensating victims
Compensation Theory	compensating the victim for the harm caused by the offender

Which Theory is suitable for India

India's courts use a dual objective of deterrence and reformation when punishing criminals.
The reformative theory of punishment is recognized in India and is upheld through provisions in the IPC.

Capital Punishment(sem-2)

Arguments in Favour: Deterrence, Retribution, Public safety, Psychological role, Justice
Arguments against: Irreversible, Inhumane, Racial bias, Vengance, Violates the accused's right to life, Innocent people may die.

Theories of Law

Theorist	Definition
Command Theory(Austin)	Law is the command of the sovereign(a supreme ruler) which is backed by threat if not followed Law is kind of wish, which when not done a sanction(fine) is imposed Laws are binding directives that individuals are obliged to obey
Positivism/Imperative Theory of Law Austin	a. Proper law: of 2 types. (i) Law of God (ii) Law of Human: 1. Positive Law(Law set by politicians(written,legal,currently enforced(eg: criminal, civil, adminitrative laws) ) 2. Positive Morality(Law not set by men) b. Improper law: of 2 types. (i) Law of Analogy: Law of Fashion (ii) Law of by Metaphor: law of gravity
Communist/classless system Theory of Law Karl Marx	Opposed - Liberal democracy: Democracy which limits power of the government and protects the rights and freedoms of individuals - Capitalism: Private individuals or businesses own the means of production Main sources of law are king's,PM's judgments, customs, and habits. Favours - Classless system: Everyone has equal social and economic status, and there are no distinctions based on wealth, power, or social status Assumptions about law - Law is the product of economic forces - Law is a tool of the ruling class to maintain its powers over the ruling classes - Law will wither away in the future communist society
Kelsen's	Systematic understanding of law without mixing in moral & political ideas But it's controversial because it leaves out morals and politics - Law is normative Science. Normative Science is a type of information that is developed, presented on preference for a particular outcome, policy - Law is hierarchy of normative relations - Ground-norm: Is Pyramidical structure of hierarchy of norms
Living Law(Eugen Ehrlich)	Informal norms created by non-state social associations. Same as Conventional law by salmond
Professor(HLA Hart) concept of law	Rules made by humans and that there is no inherent or necessary connection between law and morality Remedy for each defect might be considered a step from the pre-legal into the legal world

Manu's Hindu law

Book: Manava-dharma-shastra ("The Dharma Text of Manu") Defended the caste system: He said caste system(4 varnas) is important for order and regularity Dharma is everything: - Dharma is the set of obligations which each member of one of 4 social classes(varnas: Brahmins, Kshatriyas, Vaishyas and Shudras) should follow. - Dharma should be followed in all 4 stages/ashrams of life (Brahmacharya (student), Gṛhastha (householder), Vanaprastha (forest walker/forest dweller), and Sannyasa (renunciate)). 18 titles of law: Non-payment of debts, Deposits, Sale without ownership, Partnerships, Delivery and non-delivery of gifts, Non-payment of wages, Breach of contract, Cancellation of a sale or purchase: Incompleteness: The theories of law are incomplete and lack systematic critical attention to the foundations of morality
Immpractical: Contradicts practical knowledge
Moral criticism: Conceptual naturalism undermines the possibility of moral criticism of the law

Thoerist	Definition
Stammler's Theory of Natural Law	2 principles are important Principle of respect Principle of community participation
Kohler's Theory of Natural Law	law is a process of evolution, and that law must change with time and vary with the cultures of countries

Natural Law vs Positive Law

	Natural law	Positive Law
Definition	This is civil laws should be based on morality, ethics	This is enforced by the government and that govern the behavior of individuals
human creation	no	yes
Example	principle of restitution, which states that if you harm someone, there is an inherent obligation to make amends	Every country in the world has its own positive law

Maine's movement of progressive societies

Movement from status to contract

In early times, an individual's position in his social group remained fixed

In modern society, individual rights and obligations had come to be created through contract(voluntary promises)

Schools of Jurisprudence

School	Supporters	Theory
American Realist School	Justice Oliver Holmes, Karl Llewellyn	Studies laws as they are realistically instead of how it should be Focuses on the decisions made by judges in court and the impact of laws on society.
Analytical(+ve School)	Austin, Bentham, Salmond	Bentham: Asked to revise legal system, restructure of the process of determining punishment etc
Economic	Karl Marx, Angiles	Karl marx views
Ethical / philosophical or natural school	Hugo, Francis, Kant	Natural law
Historical (19th Centuary)	Savigny(German) Cartar, Maine	Law is created by people to meet their changing needs Savigny Theory: 1. law is volksgeist(Volks=people, and Geist=their common will) 2. Law develops like language and has national character 3. Early development of law is spontaneous, later its developed by jurist 4. Law is continious and unbreakable process
Sociological	Duguit, Pound, Comte	Focuses on the functioning of law rather than its abstract content Establish a relation between law and society Duguit theory of social solidarity(unity or agreement of feeling or action) Each Individual must contribute to the same goal. No distinctions on public/pvt rights Pound theory of social Engineering - Law must staisfy maximum needs of people with least friction. - Individual's interest has to be given up for social or public interests Ihering theory of Social Utilitarianism: Social activities of individuals can be controlled by the state by: - Reward - Coercion(force) - duty for achieving social control for the welfare of society

Custom Law(sem-2)

When Custom becomes Law

A custom can become law when it is recognized by the state. However, not every custom becomes law

Requirements for a custom to become Law(as per blackstone)

1. Long-standing: The custom must be observed continuously for a long time without interruption.
2. Public opinion: The custom must be supported by the general public and morality.
3. Right: veryone concerned must have followed the custom without force and without the need for permission from those who are adversely affected by it.
4. Reasonable: The custom must be rational to support fundamental justice, equality, and good conscience.
5. Certainty: A clear definition of the custom is necessary so that the idea behind it is not vague.
6. Conformity with law and public morality: The custom should not be against any law of the country.
7. Unanimous view: A valid custom is universally accepted.

Source of Law(By Salmond)

1. Formal: Direct means by which legal rules are formulated and expressed. Eg: customary, doctrine
2. Material: Sources from which the matter is derived though not the validity of law. Eg: Case law, Legal sources, Historical sources.

Conventional Custom

This applies to contract between parties. It is not binding rules of law but rather widely accepted practices that have become customary due to their long-standing.
2 types of Conventional customs:
- General: These are practiced throughout a particular territory
- Local: These are limited to a particular place or to a particular trade or transaction
Examples of local customs:
- Having a parade on the 15/july
- Having a certain type of food or drink during a particular festival

Legislation(legis:law, latum:to make) has emerged as most vital source of law(sem-2)

Because its declaration of legal rules by an authoritative authority.

Types of Legislation(as per Salmond)

1. Supreme legislation:
2. Subordinate or delegated legislation: Law making proceeds to secondary authority than supreme. Types of Subordinate legislation:
- 2.1 Colonial legislation: like british colonies, 1 supereme master controlling the colonies.
- 2.2 Executive legislation: Govt delegating its law making powers to certain departments.
- 2.3 Judicial legislation: Govt delegating its law making powers to judiciary
- 2.4 Municipal legislation: Municiapl authorities are allowed to make laws within their areas.
- 2.5 Autonomous legislation: Sometimes pvt entities(Eg: Universities, Companies) are allowed to make laws.

Advantages of legislation as a source of law

1. Abrogative power: Legislation can change or repeal existing laws that are not controlled by other sources.
2. Effectiveness: Legislation separates the functions of making and enforcing laws.
3. Provision for future cases: Legislation can make rules in anticipation for cases that have not yet arisen.
4. Declaration: Justice states that law should be known before it is applied and upheld by the law courts.
5. Clearness and Accessibility: Legislation is clear and accessible.

Merits of legislation over Precedent

1. Abrogative power: Legislation can create new laws or repeal existing ones. Precedent only has constitutive efficacy
2. Declaration: Legislation ensures that principles of law are known before they are authorized.
3. Reliability: Legislation is considered the best and most reliable source of law.

Merits of legislation over Custom

1. Development: Legislation is based on actual laws, while custom is based on usage and long existence.
2. Form: Legislation is comprehensive, precise, written, and easily accessible, customary law are unwritten and difficult to trace.
3. Formality: Legislation is more formal than custom, and can be amended or repealed by the legislative authority.
4. Origin: Legislation is a more recent source of law than custom, which is the oldest form of law.
5. Existence: Legislation has a de-jure authority, while customs are de-facto.

Doctrine of vicarious liability(sem-2)

Strict/Absolute Liability(sem-2)

Doctrine of Jus tertii(sem-2)

Judges to only give ruling on matters that are directly relevant to a case.
Every issue is properly considered and litigated before a judge decides it

Doctrine of Prospective(Futuristic) Overruling(sem-2)

Overruling of well Established Precedent which is not suitable for future situation
In India doctrine is 1st applied in (1967, Golaknath v state of punjab case)
- Golaknath family owned 500 acres of farmland in Jalandhar(Punjab).
- 1953, Punjab govt passed the Punjab Security and Land Tenures Act(a family can own only 30 acres of land)
- 1965, Golaknath moved to SC. SC gave decision the said act violates the fundamental rights of acquiring land and pursuing a lawful profession

Doctrine of Precedent(or Stare Decisis)(sem-2)

Precedent?

A judgment or decision of a court that is cited in a subsequent dispute as an example or analogy.
Legal principle that requires courts to follow previous decisions when ruling on similar cases.
The doctrine is based on the idea that similar cases should be decided in a similar manner.

Types of Precedents

1. Authoritative precedents: Are court decisions that must be followed by lower courts, regardless of whether the judges agree with them. Divided into 2 types:
1.1 Absolute: Decision is absolute binding and must be followed without question
1.2 Conditional: Court posses certain limited power of disagreement.
2. Persuasive precedents: Are court decisions that judges can consider, but are not required to follow.

Ratio decidendi(Reason for the decision)

Is the legal reasoning or principle upon which a court's decision is based.

Obiter Dicta

Comments or statements made by a judge that have no direct connection to the primary matter being settled in the ongoing case.
It does not possess the binding power of legal precedent.

Merits, Demrits of Precedent

Merits

1. Predictability: Precedent what a person's rights and obligations are in particular circumstances.
2. Judicial restraint: Encourages judicial restraint and respect for the decisions of higher courts.
3. Development of law: Precedent allows for the gradual development and evolution of the law over time.

Demerits

1. Rigidity: It is rigid to change a precedent once followed.
2. Difficulty of implementation: There are many precedents for many similar cases and hence it makes it difficult to implement the right precedent in the right case.
3. Inflexibility: Precedent can sometimes be inflexible and prevent the law from evolving to reflect changes in society or new circumstances.
4. Uncertainty: Because precedent is based on previous decisions, there can be uncertainty about what the law actually is.
5. Contextual relevance: Precedent can have disadvantages of contextual relevance in present case.

Judges declare law(not make law)(sem-2)

Theory-1. Judges donot make law / Declaratory Theory

Declaratory Theory(Hale & Blackstone): No New law is created by Judge, they only follow existing laws.
Lord Esher: No such thing of Judge made law.

Theory-2. Judges make law / Legislative Theory

Bentham & Austin: Judges are law makers.
Prof Grey: Judges alone are makers of law. Salmond: Supports this.

Posession(sem-2)

Animus(intention to possess), Corpus(Thing in actual possession)

Elements of Posssession:
1. Corpus Possessionis: physical aspect of possession
2. Animus Domini: possessor's intention to deal with the thing as their own

Kinds of Possession

1. Constructive possession: Authority over an object without becoming incharge of that material. Eg: People share a place, such as a house
2. Adverse possession: possession of some property or object, without legal title
3. Corporeal(something has a physical form or substance, and can be seen and touched) possession: possession of a material object. Examples include houses, books, pens, cars, cycles, computers
4. Representative possession: when someone represents another party and has possession. For example, a conductor and driver have possession of a bus
5. Criminal possession: objects that are criminal to possess are illegal contraband, drugs, and weapons
6. Conscious possession: genuine exercise of a guarantee, for example, physical command over it.

Justification for Protection of Posession

Possession is protected as part of the law of tort and the law of property

Reasons why law protects possession?

1. prevent violence against the person in possession.
2. Preserves peace
3. posession is protected as law of property

Theories of Possession

	Definition
Savigny	Posession is made of 2 elements: Corpus(element which is in possession), Animus(Intent with which such control is excercised) Loss of any one of these lead o loss of possession. Animus Domini: Means desire to hold for oneself on behalf of others.
Holmes	Person must have: 1. Certain physical relationship to an object. 2. Intent to gain possession Eg: Tenant has physical relation with flat, intent to exclude owner, not own the flat.
Salmond	There can be 2 types: - Possession in fact(Actual possession): This describes immediate physical contact with an object - Possession in law(Constructive possession): Person has knowledge of an object and the ability to control it, even if they have no physical contact with it

Ownership(sem-2)

What? This is legal right to use, possess, and give away something
Owner has the following rights:
- Hibbert: Right to use things, exclude others from using things, Dispose the thing, Destroy the thing
- Holland: Owner has right of posession, enjoyment, Disposition(throw away)

Kinds of Ownership

1. Corporeal(something has a physical form or substance, and can be seen and touched): Ownership of a material thing, such as land or goods
2. Incorporeal(cannot be touched, or that is difficult to describe, understand, or measure. Eg: Sadness): Ownership of an intangible thing
3. Sole: When a property is owned by only one legal owner
4. Co-ownership: When a property is owned by two or more legal owners
5. Trust and beneficial: When property is owned by two people, and one person is obligated to use it for the benefit of the other
6. Legal: The legal claim or title to an asset or property
7. Equitable: A duplicate ownership, where one person is the legal owner and another is the equitable owner of the same right at the same time
8. Vested & Contigent Ownership: Vested ownership(When owner's title is perfact). Contingent ownership(when the owner's title is imperfect and can be perfected if certain conditions are met).

Posession vs Ownership

	Posession	Ownership
Definition	Physical control of an object	Legal recognition and protection of rights associated with that object.
Person needed?	Yes, Requires a person to perform acts that constitute actual control over a thing.	No, One can own a thing without ever having been in actual control
Example	If you find a lost wallet, you are now the possessor of the wallet, but you are not the owner	If you buy a car, you are the owner of the car, and you have the right to possess it, use it, and enjoy it.

Acquisition of Ownership

Process of a person or entity receiving the legal rights to a property. This involves meeting certain legal requirements, such as signing a contract or deed.
Types of Acquisition:
1. Original: Ownership is based on a new title.
2. Derivative: Ownership is derived from someone else, such as through a purchase, exchange, will, or gift

Can there be Ownerless Rights?

No. There are no rights without owner, because rights are attributed to person & independent existence exist.

Legal Right(sem-2)

Right that is recognized by law and enforced by the state

Elements of Legal Rights (Salmond)

1. Person of inherence: owner or possessor of the right
2. Person of incidence: person against whom a legal right may be enforced by another.
3. Contents of the right: The act or omission(something that has been left out, neglected) which is obligatory on the person
4. Subject matter of right: Something over which the acts or omission relates, over which a right is exercised.
5. Title of the right: The process by which the right is vested or conferred on the person

8 types of legal rights(Salmond):

1. Public and private rights: Public rights are exercised by the state, such as the right to vote and use roads. Private rights are exercised by individuals such as the right to sleep and clean water.
2. Positive and negative rights: Positive rights aim for some positive benefit, such as receiving damages or recovering money from a debtor. Negative rights aim to not be harmed, such as the right to reputation.
3. Proprietary and personal rights: Proprietary rights are transferable and inheritable, while personal rights are uninheritable.
4. Perfect and imperfect rights: Perfect rights are enforceable by law, such as the right to equality and religion.
5. Right in personam: A right that is available only against a specific number of people.
6. Vested and contingent rights:Vested rights are transferable and inheritable, while contingent rights are not.
7. Inheritable and uninheritable rights: An inheritable right survives with a person, while an uninheritable right dies with a person.

Main theories of legal rights

Protection theory: This theory states that law creates, protects, and recognizes rights.
Will Theory: Rights are expressions of human will. if he expresses his will, he will get rights
Interest Thoery of rights: Function of human rights is to protect and promote the fundamental interests of all humans.
Natural law: This philosophical theory involves the idea that rights, values, and responsibilities are inherent in human nature.
Natural rights: This theory states that natural rights are born when human life is born.
Feminist jurisprudence: This philosophy of law is based on the political, economic, and social equality of sexes.
Moral rights: These are a type of non-legal rights that are based on ethical principles and values.

Rights & Duties are correlated(sem-2)

This means that if someone has a right to something, then he has some duty with respect to that right.

Claim, Libearty, Power, Immunity

Claim: A legal claim-right means that someone is protected from interference by another person. For example, a person's claim right to free speech is an obligation on others to allow them to speak freely.
Liberty: The absence of a duty to abstain from an action. Liberty rights are the exercise of a right without the interference of law.
Power: The ability to alter legal or moral relations. Powers are liberty rights regarding the modification of first-order rights.
Immunity: A complete lack of liability. Immunities are claim rights. If someone has an immunity, it exists with respect to someone else who has a disability.

Legal Person(sem-2)

Gray: An entity which has rights and duties.
Salmond: Any being which law regards as capable of rights and duties.

Legal Status of Animal, Dead Person, Unborn Person, Idol

	Animal	Dead Person	Unborn Person	Idol
Considered Legal Person	No. considered objects because they do not have rights or duties owner of the animal is responsible for the animal's actions.	No. But law does take into account the wishes of the deceased.	yes(considered already born)	Yes. They can hold property, sue, and be sued

Is guru granth sahib a juristic person

Yes, as per SC guru granth sahib a juristic person.
Sikhs believe guru granth sahib the final, sovereign, and eternal Guru, following the lineage of the 10 human gurus of the religion
Sikhs believe it should be treated with the same respect as any of the human Gurus would have been treated
1984, Pritam Dass Mahant Vs. Shiromani Gurdwara Prabandhak Committee: Guru Granth Sahib is the central body of worship in a Gurdwara and is a Juristic entity

Corporate Personality(sem-2)

This is legal concept that allows corporations to be considered legal entities with certain rights and responsibilities. This means that companies can own property, enter into contracts, and sue or be sued like individuals.

Theories of Corporate Personality

1. Fiction Theory:
- Proposed by Savigny and later supported by other jurists, including Salmond and Holland.
- Corporation is a legal fiction and a mere concept that cannot be applied in practice
2. Realistic Theory:
- Given by Gierke(German)
- Corporations are real entities, and the law only recognizes and gives effect to their existence
3. Bracket Theory/Symbolist theory:
- A corporation is created by its members and its agents, and that the law only puts a bracket around them for convenience purposes.
- Members of the corporation have rights and duties, and that legal personality.
4. Concession theory / Artificial entity theory:
- Mentions about state's role in granting legal personality to groups seeking to form corporation.
- States grant corporations special rights and privileges in exchange for their contributions to society.
- These contributions include economic development, employment generation, and tax contributions.
4. Purpose theory:
- corporations should only be recognized as legal entities if they serve a valid social or economic purpose
- companies can be recognised like individuals for certain reasons
5. Hohfeld theory:
- Human beings should alone be given rights and duties. Corporate is only procedure for making them human beings.

Negligence(sem-2)

Negligence is carelessness in a matter where careful nature is required.

Essentials of Negligence:

1. Duty of care: Individuals and businesses to act reasonably.
2. Breach of duty of care: Conduct that violates the duty of care.
3. Causation: 1 or more actions or omissions cause something else to happen.
4. Damages: Damages can include medical care, lost wages, and emotional turmoil.

Theories of Negligance

Subjective:
- Salmond, negligence is culpable carelessness, which is an attitude of indifference.
Objective:
- Pollock, negligence is a particular kind of conduct, not a state of mind or form of mens rea(knowledge of wrongdoing that constitutes part of a crime).

Cases:

1942 Foster v Gillingham Corp: Local authority erected barrier on road, on which is bicycler collided and got injured. Case against corporation.

Liability(sem-2)

Financial obligation or debt that a person or entity owes to another party.
Penal liability: When wrongdoer is awarded punishment which may be the fine, imprisonment it is called penal liability.
Civil liability: is generally remedial and the criminal liability is penal.

Essentials of Negligence:

Civil, Criminal Liablibity

	Civil	Criminal
What	Wrong against private individual or individuals	Wrong against state
Remedy against	Damages	Punishment
Procesings takes place in	Civil Court	Criminal Court

Corporate Liability(sem-2)

Corporations are considered "legal people" and can be held liable for the illegal activities of their: owners, officials, workers, and representatives.
Qui facit per alium facit per se(He who acts through another does the act himself): maxim is used when discussing an employer's liability for the actions of their employees

Civil Liability of Corporation

On basis of vicarious liability a suit can be filed against agent(s) of company if following conditions are met:
- Act done was for purpose of corporation
- It would be actionable if commited by individual.

Criminal Liability of Corporation

corporations are only responsible for the actions of their employees if those actions are within the scope employment contract and are designed to benefit the corporation
There are two ways in which a corporation can be liable: Strict liability and Vicarious liability

Law & Morality(sem-2)

	Law	Morality
What	System of rules and regulations enforced by the state through its institutions, such as courts and police	Informal set of principles and values that guide individual behavior based on societal norms, religion, and personal conscience
Legally Binding	yes	No(subjective and varies among individuals and societies)
Differ among countries/cultures	yes	No

State(sem-2)

Political entity that regulates society and the population within a territory.

Functions of State

Primary: Neccesary to existence of state. Eg: a. Defense against external aggression b. Administration of justice
Secondary(Optional): Meant for advancing general intrest of society. Eg: Legislative, Taxation

Definitions

Wilson: People organized for law with a definite territory.
Holland: Assemblance of human beings
Salmond: Assembly of human beings for attainment of certain ends by certain means.

Essentials of State

Population, territory, government, sovereignity, Capacity to enter into relation with other states

Theories related to origin of state

Divine theory: The state was viewed as of direct divine creation.
Natural theory: The state is a natural result of the instinct of sociability.
Social contract theory: Individuals agree to give up unlimited rights to create a more secure society.
Patriarchal theory: The state originated from families related to the father.
Matriarchal(Woman Head) theory: Traces the origin of the state from primitive society.

Various kinds of state

Monarchy: A government with a king, queen, or other nobleman as the head of state
Oligarchy: A government where a small group of people hold all the political power.
Democracy: People hold the power.

Relation between law & state

1. State is Superior to & Creator of law(as per Starke, Hobbes, Bentham, Austin):
2. Law is above & superior to state(as per Laski, Jennigs, Duguit, Krabbe)
3. Law & state are same(as per Kelsen)

Sovereignty(sem-2)

Meaning of Sovereign

Austin's theory of sovereignty / Monistic theory of sovereignty

Every society has a supreme authority(sovereign) whose laws members of the society generally follow
Sovereignty is fully free internally and externally, with unlimited power
Austin's ignores the claim of public opinion and political sovereignty

Attributes of sovereignty(as per Austin)

1. Essentiality: In every political system, sovereign power is essential.
2. Indivisible: Sovereign power cannot be divided among units or groups
3. Unlimited: Soverign power is unlimited in extend & scope.

Criticism of Austin Theory of sovereignty

1. Bryce Criticism:
- In federal system, sovereignity is broken into legislative, executive & judicial and it works great.
2. Laski Criticism:
- Power of sovereign is unlimited even if he acts dishonetly
- Sovereign is essence of law, if someone does not obey orders he's punished
- In History, if any soverign has tried to take unlimited powers, he's always opposed and removed.
3. Divey Criticism:
- In democratic form of govt, Soverign is person who has power to make laws(parliament) and sovereigns are people who vote

Where sovereign reside in India

Executive sovereignity is vested in president, Lok sabha, rajya Sabha & also in State Legislatures.
Parlimanet can make laws listed in union list, state legislature can make laws listed in state list
Thus legislative sovereignity is divided among union and states. Both are sovereign in respective scopes.
Thus concept 1 supereme power, absolute power, uncontrolled power does not find place in Indian Constitution.