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Lecture notes of 1 pages for the course Philosophy of Law at Christ Deemed To Be University (Notes)

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Chatrapathi Singh- prudential application of juristic application.

Jurisprudence with POL.

A prudential approach would be a way in which you could apply all the principles to reach the utopian
society where it the most ideals.

He says POL doesn’t dig into what is the right jurisprudential approach. It tries to define those principles.

A law is made, the philosophy behind this law, why did we arrive at this punishment, this is POL

The formalities of law could be described as the normative part of the society which brings
about the Just in the society, in the sense liberty, equality , fraternity and qualities such as this.
Further, equality means Unequal treatment of unequals. That is the reason why there is
reservation given and positive discrimination present. That is why we have a legal system that
governs a society. We have a mother law and all the other laws should be in congruence with
this law.( the derivative laws) These things determine as to what is being expected of the law in
the society and these form the part and parcel of the formal requirements of law in a well
established society. Correlation between basic laws ( Constitution) and derivative laws ( eg-
various Acts). It is impossible for anyone basic functional element of a legal system to
accomplish the aims and ideals of the legal order on its own. Each of these elements must be
used in conjunction with others. At the same time, no basic functional element can be coupled
with other components in random, pattern less, and consistent ways and still be successful. In
every aspect of law, there is an evolution in the jurisprudence because of the involvement of the
factors, the judges, the scholars , the people ….make the law to evolve.




Immanuael Kant- Idealistic Rationalism and empirical sensualism

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