Modern jurisprudence

the subject of modern jurisprudence composed of two relating words.

Juris = Law
prodentia = knowledge
Juris:
the knowledge of law
the wisdom of law
the skill of law
the knowledge about law

Basically law is two kinds:

First one (juris) relate to natural law.

Second is social law.

Natural Law:
The Natural is set principles, settled by the natures and by the
GOD.

Characteristic of natural law:

The Natural law is permanent is nature all over
Such of law is changeable or amendable
Natural is universal in nature it is same everywhere in the
universe.
e.g.: The sunrises in the east.( but with an exception )
The natural law is uncodified but mostly modern codified
Natural law is faultless without any fault
The natural law has capability or its enforcement or in other
words natural law is enforced by its maker THE ALMIGHTY ALLAH.
The natural law are free from all human interferences
the natural law is enforced automatically
these are determine and settle system.
e.g.: sow (beej) and grow the tree.

IBLEES why u did not do the SAJDA?

This show call notice

1. Law of obey the command of authority this is ultimate law.

2. Why you disobey my command?
3. Show calls notice
4. Change in unseen process.

Purpose of law.

Human being live together

they are comparing to live in a group or society
safety of life (food & defense from animal or anomies)

Gernal classification of law:

Positive law:
Law is established by the head of state and for the good of the
state as a whole.
The law holds no moral purpose other than to ensure the survival
of the stat.
law is an instrument and weapon through which deal the system
or society in kept intact and the conduct the behavior of
members of society is controlled.
In other words law is institution of social control and this since law
is basis need of the community or the society.
The concept of positive law is as old state.
Earlier when the state were rule monarchs or kings there order
and command were of same value and the state then law of
modern state the order and command of the king carry the
statues of law .

Whatever the order were pass by the king same were law,
however such laws not durable by worth of same moment or
unless same order substituted by the fresh order.

The positive law is inactive by the legislation or parliament by the

state, On behalf of state and such a laws are enforced by the
state.
The powers of enforcement of laws are called sanctions.
Police and other law agencies and also under the authority of
court.
The command which is given by court in its order, judgment, and
decree also carry the value of law.
Such command is enforced either by court and any other
authority and empowers carry out our implement the order and
decree of the break.
Positive law is known as positivism and the philosophy of jurist of
this theory are called as positivist law.
basically the idea was given by germy vent ham A British lawyer
( 1742 1837)
and also called as philosopher of the concept of utility ( the theory
of utiliasim )
his student john Austin (1790-1859) is known as father of the
school of positive law.
Positive law is a post to natural law according to this school of
thought, the natural law and law which exist and privels, only the
concept of positive law is related with the state origin and entity
is always made promulgated and is enforced by the state is own
authority , authority of the state such as sovereignty (king)

Morality :-
(WHAT IS MORALITY?)

Morality is social ethic which is related to action and reaction in a

society.
Almost morality is certain rules and principles which regulate the
behavior of individuals in a society.

What is relationship B/W natural law and morality?

The natural law which relates to human society is certain
principles by ALMIGHTY ALLAH for human conduct and behavior in
society or social life.

The purpose of natural law is to provide the code of guidance to

human beings as how to live a social life with in ambit of social
life.
The natural law provides the man should live in a society in such
a manner they not only his own life and interest and rights are
protected but the interest the right of other should also be
safeguarded.

The law of morality is mostly driven from natural law there

appears more difference or destination between two laws,
Accordingly the law of morality has great similarity with natural
law.
RELATIONSHIP B/W two laws can never be ignoring.

KNOWLEDGE:

(Awareness) Knowledge is light; ignorance is darkness

what is knowledge?
Law is knowledge which certain
what is relationship b/w knowledge and learning and
observation...
Knowledge means something change in you. Virtue is knowledge,
how to make it work

What is the social knowledge:

reason, ilhaam (vivelation), vision , printed material, Earning,
holy Quran, hadees, ijma, Qayas,

Ijtihaad, istadlaal, observation, experience, experiment

Knowledge about:
1. Reality
2. Truth
3. Fact

Certainty acknowledges:

Certaininty is that which is without any doubt where there is not

any doubt regarding anything, there certainty.
Accordingly the reality, truth facts are free from any doubt.
Hence they carry the meaning of the statues of certainty.
Certainty is perfection regarding anything
e.g.: BOOM BLAST

what is meant by jurisprudence?

Jurisprudence own of the social discipline subject it is a science of
law or may be called as philosophy of law.
Mother of discipline its social sciences is philosophy and
jurisprudence is off spring of philosophy.
This subject relates to law, this subject we not only study but the
entire system and philosophy of law.
Accordingly the important of jurisprudence carries much without
the study of jurisprudence it would be impossible, to know or
understand law.
The word jurisprudence has driven from QURAN.

Juris = LAW
prodentia = knowledge

That is knowledge of law or knowledge about to law or skill of law.

It is providing about understanding the law and its application.

Advance two theories:

GERNAL jurisprudence..
PARTICULAR jurisprudence

Gernal jurisprudence:
According to this theory jurisprudence is the study of the
principles of law as a whole and this relates to the entire system
of law which is common in all political society of the world.
This is the gernal study of the law its theory and its application all
over the world.

Particular jurisprudence:
As against gernal jurisprudence there and other theories give by
JOHN AUSTIN particular jurisprudence
in there we study law and in particular state.

Such as particular laws proven in U S A Pakistan India Iran saudiya

Egypt etc etc.

there is another classification of jurisprudence

1. Analytical jurisprudence
2.Normative jurisprudence

Analytical:
in this theory we study about law,preveling or enforced in a
particular country or state.
In this theory law is studied in its substantive character that is as
true what the LAW IS
here emphases are given upon existing law.
what ever law is in state are to be followed or obeyed there is no
question of its validity or in other words validity of law enforced
by the state cannot be question in anywhere what so ever
what the LAW IS is the man sprit of this theories and there is no
question why about such law is.
E.g. 18 year age vote is considered.

Normative:
in analytical jurisprudence the concept is what the law is WHILE
IN THE NOMATIVE THEORY OR JURISPRUDENEC. The concept of
law is ought to be or what the LAW OUGHT TO BE in this theory
concept of social utility is a involved in other words this theory
refers to social significance or application.
in this theory moral expect the society also content hence
normative theory of jurisprudence in hence moral concept.
According to this theory / view while making a law , the legislation
or parliament of the state should not be neglect and must not
keep in mind for view the need or requirement of the other
society as a whole or a particular class for which law is being
legislated.
This is social and moral phenomena which cant be by connecting
neglected.

Entire social system of a society is based on or rotates round two

Cs governed by control by rotated by double C C.
Sources of LAW:
As we have little study that social law is 4 kinds :
1 Natural law
2.law of morality
3.positive law

4. International law

So far is positive law is concerns following are its sources.

1. Prixmis of natural law

2. Prixmis of law of morality

3. Legislation law
4. Customs

5. Traditions

6. Judicial precedence

7. Treatys and writings of juris and philosopher

1. Natural law is in fact unqualified law and is avoidable in shape

of principles of law it can be a certain through reason. Reason at
natural law are inter connect hence through the activity of mind
and reason, the natural law can be ascertained.
Positive law is based mostly or natural law, if a positive law is
without any reason, same is fact not law at all.
2. Legislation:
The main source of positive law is legislature.
it is a law making process adopted , followed in a legislature of
country.
Legislation is body of elective representative of people of the
state Pakistan, India, u.k is called as the parliament, while in us is
congress, the main function over the parliament.

Three folded of the legislation:

1. To represent to people and the interest the parliament.
2. Legislature, made, to amend and to repeat law.
3. To check the executive and its functions.
Legislature is the supreme body to makes laws for the state. This
is the main source of law.

3. Constitution:
constitution is the source of law. It is supreme documents of the
state organism its sets out the entire political, social, economical
structure of the state or its organ and functionaries. In other
words constitution provides A skeleton. When the legislation
makes any law, the same is enacted in the light of the
constitution.
No law can be inactive by the parliament repugnant through the
constitution. If the parliament makes any law which is not is
according with the provision of the constitution the same would
be illegal and void.

4. Customs:
customs prevailing are society are also the source of law although
the custom are unqualified, that the carry statues of law.

5. Judiance jurisprudence:
it is also source of law the superior court like a light court
supreme court in certain cases interpret law. In each manner bad
their decision in each case becomes its self the law.
The courts while deciding the courts certain principles of law
which acquires the statues of law.

6. Writing of juris and experts:

Among the sources of law, the writings of juris and experts of law
are also counted as sources of law. In western jurisprudence or
modern jurisprudence the writings of salmon, keelson, Bentham,
john Austin and sir Thomas hoss and others thinkers of law that
important. Regarded as source of law.
The opinion of remarkable judges are also is Islamic holy QURAN
AND SUNNAH also same. These are the primary sources of law.

The State:
the state is term mostly and commonly use in the discipline of
political science .state has differently give define by the political
thinker or philosopher or juris,
the term state can be define as a territory bounded by
international boundaries if own population permanently settle in
the same territory with the own government and severing thus
state is political unit or society permanently settle or a specific
land with their own power and authority. Understand from any
foreign authority.
The state can also be called as a political society or an
organization state is a political observation, state has political
existence

the components of state:

Population
government
severity
Territory

All the four elements are essential to constitute a state; if anyone

of the four ways anyone is missing there can be no stage.

Need of state:
Need of the state as ROSSEOU a French political thinker (1712
1772)
in his book social contract say that man is the social anyone by
this he meant that the man cannot live all alone . By own nature
and needs, his compared to live with his fellow beings According
to rosseou all man in a specific society slander their rights to a
person to govern them for them self.

Since the man has social nature, He has to live in a society, hence
for the concept of state develop.
The state manager the affairs is own society such affairs types.
1. To protect state itself that to protect it sentry its people and its
resources and its sovereignty from foreign aggression ot attack
this means to protect from the foreign enemies.
2. The administer of affairs within the state to protect and sure
life, properties other rights of its own people of citizens and well
fair these are two folded function.
1. Primary
2.secondary

what is the primary function?

The primary function of state to protection of citizen territory and
its resources so also to established its relation with world
community.
For the purpose of protection the state raises its military force as
well as police.
Police force and for the purpose of foreign relation the state
established the foreign office and embassies and other state.
The foreign relation is either by latter relation of and my latter
and multilateral relation.

What are secondary functions?

Secondary function of the state is to make efforts for the welfare
of the citizen only one hand and other hand. To ensure justice
everyone in the state society for this purpose the state imposes
taxes upon of its citizens as well as organization.
In the secondary functions the state only one hand take the cast
or legislation and on the other hand taxation.
In the secondary function legislation and taxation are the main
function of the state through legislation the state makes laws for
the state function ring and imposes taxes to run its affairs, to
generate.

TYPES OF STATE:
Three types of state.

Unitary state
feudal state
confederation state

Element of state:

government is third important element of the state. It is an

institution which is responsible state business or the functionaring
of state. All state affairs and business are run or carried out by
government has three state
1.the legislature
2.the executive
3.judiciary

these are the three organs of the state through there independent
and as well as collective activities the affairs of state are run or in
other words these three organs collectively or responsible for their
state management.
However the power authority of each different and independent
none has the authority to encourage upon power authority of
other organ.
The state business is administered theory or the trichoy of power.
This system of government is based on principles of check and
balance.
1. Legislature:
A: this is a basic organ of state it has mainly three function.
1. To makes new laws
2.amend the existence laws
3.To repeat any existence law.
B: To represent the people and their interest in the parliament and
also to pas desolation
C: To check and control the executive.

2. Executive:
1. Beaurocracy
2. Political

The political executive consist of the prime minister and his

cabinet which includes the administer and adviser, the political
this elective the P .M and his always member of the parliament.
the however the adviser p.m may not be elected member of the
parliament anyone may be appointed as adviser by the p.m the
minister and adviser remain in their offices at the pleasure of the
p.m.
the beaurocracy as a permanent institution of executive the
member of beaurocracy are recruited in service through variance
notes test examination and interviews they remain permanent in
office age 60 under anyone is dismissed , removed ,retire earlier

3. Judiciary:
this is third organ of the government the main function is judiciary
1. To enforce law and interpret laws and to resolve the dispute
among the citizen brought in court and also took punished a
person who has committed criminal liability.
 Fourth sovereignty is and most important component part or an
eminent of the state. Simply we can say sovereignty is supreme
power of the state, this power distinguishes the state the other
union, state organization within the previously during the era
when the king or monarchies were the rulers of the state the
sovereignty lay with them.
This power is infect it commanding and law enforcing authority of
the state which is liking the sovereignty

Modern jurisprudence:
As we know the supreme power and authority of the state
exercise able within and without state, layer with the its self.

Importance and characteristic of sovereignty:

sovereignty distinguish all the society of expect, The state both
society of all organization pusses the sovereignty , it is the
sovereignty only with provides sup remarry of the state upon the
other as well as amongst the nation of the world.

Characteristic:
1. Sovereignty provides unlimited authority and power to the
state
2. Sovereignty is undividable
3. Sovereignty is not transferable
4. Sovereignty is absolute authority and power of the state.

Chapter justice and Administration

What is meant by the term justice?
Justice is an English term means right, correct and that which the
real is in fact.

What is meant by administration of justice?

It is mainly the function of the state it is duty of the state to insure

the rise to every citizen or every person are protected and insure
such right are only one hand granted by the same are protected
by the nature other hand the same are protected by the state
grand and to protect rights are dam so thoroughly laws of the
state.

Administrative of justice

basic purpose of the state it refers to its internal affair is two

folded

1. Administration justice

So far is the first purpose that is administration justice is

concerned is very important keep the society or community or
organize, stable, peaceful, progressive and dynamic. When we
speak about administration of justice it means to protect the
right.

Q: how right can be protected?

Where the right their duties. Right can only be protected and
duties.

Q.how duties can be performed?

Duty is cannot be performed by compulsion or by state force,
either through certain act or to avoid doing certain acts.

Purpose:
keep the balance between right and duties.