Law & Life

Grundnorm (Basic Norm) 🔷 Meaning of Grundnorm The term “Grundnorm” is a German word , meaning “basic norm” or “fundamental rule” . It was introduced by Hans Kelsen , a famous legal philosopher from Austria. Grundnorm is the foundation of Kelsen’s Pure Theory of Law . 📝 It is the ultimate legal norm on which all other laws are based. 🔶 Who is Hans Kelsen? Hans Kelsen (1881–1973) was a legal positivist . He believed law should be studied without mixing politics, morality, or religion . He wanted a pure and scientific approach to law , just like in mathematics or science. So, he introduced the Pure Theory of Law and the idea of Grundnorm . 🔷 What is Grundnorm? Grundnorm is the starting point or highest norm in a legal system. It is not created by any authority , but is assumed to exist . All other laws, rules, and legal norms get their validity from this basic norm . 📝 Just like a building stands on its foundation, a legal system st...

Rule of Law 🔷 Meaning The term “Rule of Law” means that law is supreme , and everyone must follow the law , including the government . No one is above the law , whether it is a king, minister, or citizen. It protects the rights of people and ensures fairness and justice . 📝 In simple words, Rule of Law means "law rules the country, not a person". 🔶 Origin and History The concept of Rule of Law was developed in England . The idea was explained by A.V. Dicey , a British jurist, in his book “The Law of the Constitution” (1885) . The concept has roots in Magna Carta (1215) – an ancient English document that restricted the powers of the king. 🔷 A.V. Dicey's Three Principles A.V. Dicey explained 3 main principles of the Rule of Law: 1. Supremacy of Law Law is the highest authority in the country. Nobody is above or outside the law – not even the Prime Minister or President . No person can be punished unless he violates the law ....

Kelsen’s Pure Theory of Law 🔷 Introduction The Pure Theory of Law was introduced by Hans Kelsen , an Austrian legal philosopher. This theory is called “pure” because Kelsen wanted to study law without mixing it with politics, morality, religion, or sociology . According to him, law must be studied as it is (what law is ) , not what it should be . Kelsen said law must be treated like a science , based on a clear and logical structure. 🔶 Who was Hans Kelsen? Hans Kelsen (1881–1973) was a professor of law and a legal theorist. He was influenced by legal positivism (the idea that law is based on rules created by authority). He worked on the Austrian Constitution and also contributed to international law . 🔷 What is the Pure Theory of Law? It is a positivist theory , which means it does not deal with justice, ethics, or political goals. The main aim is to understand: What is law? How is it structured? How do legal norms work? Kelsen...

Importance and Need to Study Jurisprudence 🔷 What is Jurisprudence? Jurisprudence is the theoretical and philosophical study of law . It helps us understand the foundations, principles, and values behind legal systems. It does not deal with any particular law , but studies the general structure and function of law . Jurisprudence is often called the “science of law” or “philosophy of law” because it teaches us how to think about law and justice deeply and logically. 🔶 Origin of the Word The word “Jurisprudence” is derived from Latin: "Juris" = Law "Prudentia" = Knowledge or Skill So, Jurisprudence = Knowledge of Law 🔷 Definitions by Famous Jurists Salmond: “Jurisprudence is the science of law.” John Austin: “Jurisprudence is the philosophy of positive law.” Roscoe Pound: “Jurisprudence is the study of law as a means of social control.” H.L.A. Hart: “It is the analysis of legal concepts, structure of laws, and...