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Jurisprudence, Nature and Sources of Law — Revision Notes

CBSE · Class 11 · Legal Studies

Jurisprudence, Nature and Sources of Law revision notes for CBSE Class 11 Legal Studies: 4 topics in quick points.

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Key Topics to Revise

1

Meaning, Nature and Jurisprudence

  • Law is a system of rules and regulations binding on citizens, enforced by authorities, with violations attracting punishment.
  • Justitia, the Roman goddess of justice, symbolizes fair and equal administration of law — depicted with a sword (enforcement), scales (balance) and blindfold (impartiality).
  • Jurists have not arrived at a unanimous definition of law due to philosophical, theological, historical, social and realistic approaches.
2

Schools of Law

  • Five major schools of law: Natural Law, Analytical (Positivist), Historical, Sociological, and Realist.
  • Natural Law School: Law is universal, eternal, based on nature, human reason and divine sources. Key exponents: Aristotle, Plato, Thomas Aquinas. Morality and law are inseparably linked.
  • Analytical (Positivist) School: Law is a command of the sovereign backed by punishment. Key exponents: Jeremy Bentham and John Austin. Morality is strictly separated from law.
3

Classification of Laws

  • Classification of law helps in systematic arrangement, understanding interrelationships, and is useful for legal practice and study.
  • Based on Subject Matter: Criminal Law vs Civil Law.
  • Criminal Law: Acts prohibited by law; affects society; state initiates action; remedy is imprisonment or fine; e.g., theft, murder, rape.
4

Sources of Law

  • Three major sources of law: (1) Custom, (2) Judicial Precedent, (3) Legislation.
  • Austin considers Sovereign as the source; Savigny considers Custom the most important source; Natural Law School considers nature and human reason as sources.
  • CUSTOM: Long-established practices or unwritten rules that have acquired binding character. Considered the oldest and most fundamental source.

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Full Notes

Key Concepts

Jurisprudence is the philosophy and scienceNatural law is described asRule of Law means law carriesFounded by Jeremy Bentham and JohnLed by Savigny and Henry Maine

Frequently Asked Questions

What are the important topics in Jurisprudence, Nature and Sources of Law for CBSE Class 11 Legal Studies?
Key topics in Jurisprudence, Nature and Sources of Law include Meaning, Nature and Jurisprudence, Schools of Law, Classification of Laws, Sources of Law. Study these first, then practise questions on each for Class 11 exams.

Sources & Official References

Content is aligned to the official syllabus. Refer to the board website for the latest curriculum.

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