School of Law & Auditing

Apply now

Sources of Law – Jurisprudence, Intepretation & General Laws Notes for LLB

Handwritten notes detailing primary and secondary sources of Indian law, including legislation, judicial precedent, customary law, delegated legislation, administrative law, personal law, and international law
Lesson 1: Sources of Law – Exam Notes
1. Meaning of Law
  • Law is a set of rules made by a competent authority to regulate human conduct and maintain order in society.
  • Under Article 13(3) of the Constitution of India, “Law” includes:
    • Ordinance
    • Order
    • Bye-law
    • Rule
    • Regulation
    • Notification
    • Custom or Usage having force of law.

Definitions by Jurists

JuristDefinition
UlpianLaw is the art/science of what is equitable and good
CiceroLaw is the highest reason implanted in nature
JustinianLaw is the standard of what is just and unjust
2. Significance of Law
  • Maintains peace and social order.
  • Ensures justice and security.
  • Acts as an instrument of social change.
  • Promotes socio-economic justice.
  • Adapts according to changing social conditions.
3. Jurisprudence

Meaning

  • Derived from:
    • Juris = Law
    • Prudence = Knowledge
  • Jurisprudence = Science or philosophy of law.

Major Views

  • Analytical Jurisprudence – studies law logically.
  • Sociological Jurisprudence – studies law in relation to society.
  • Teleological Jurisprudence – studies the purpose of law.

Salmond’s View

Jurisprudence = Science of the first principles of civil law.

4. Legal Theory

Positive Legal Theory

  • Explains what law is.

Normative Legal Theory

  • Explains what law ought to be.
5. Important Jurists and Their Theories
A. Jeremy Bentham

Theory

  • Pioneer of Analytical Jurisprudence.
  • Law = Command of Sovereign.
  • Based on Principle of Utility:
    • Maximum happiness of maximum people.

Features of Law

  1. Source
  2. Subjects
  3. Objects
  4. Extent
  5. Aspects
  6. Force
  7. Remedial Appendage
  8. Expression

Criticism

  • Ignores customs.
  • Ignores judge-made laws.
  • Pleasure-pain test is subjective.
  • Does not explain power-conferring laws.
B. John Austin – Command Theory

Law = Command of Sovereign backed by Sanction

Essentials

  1. Command
  2. Sovereign
  3. Sanction

Criticism

  • Cannot explain welfare laws.
  • Ignores international law.
  • Ignores judge-made laws.
  • Sovereign is limited by Constitution today.
C. Salmond

Definition

Law = Body of principles recognized and applied by courts in administration of justice.

Main Idea

  • Purpose of law = Administration of Justice.

Criticism

  • Justice is not the only purpose of law.
  • Unjust laws also exist.
D. Roscoe Pound – Social Engineering Theory

Objective

Create an efficient society by balancing competing interests.

Types of Interests

Individual Interests

  • Personality
  • Domestic relations
  • Property

Public Interests

  • Interests of State

Social Interests

  • Security
  • Morality
  • Social institutions
  • Progress
  • Individual welfare

Criticism

  • No clear method to evaluate interests.
  • Gives excessive importance to judiciary.
E. H.L.A. Hart

Positivism

  • Law and morality are separate.
  • Law should be studied independently from ethics.
F. Hans Kelsen – Pure Theory of Law

Law

  • A system of norms.

Grundnorm (Basic Norm)

  • Highest norm from which all laws derive validity.

Hierarchy

  1. Grundnorm
  2. Superior Norms
  3. Subordinate Norms

Criticism

  • Difficult to identify Grundnorm.
  • International law does not fit well into theory.
6. Schools of Law
1. Natural School

Law based on morality and reason.

Theories

  • Ancient
  • Medieval
  • Renaissance
  • Modern

Key Thinkers

  • Socrates
  • Plato
  • Aristotle
  • Thomas Aquinas
  • Hugo Grotius
  • Immanuel Kant
  • Stammler
2. Analytical School

Exponents

  • John Austin
  • Hans Kelsen

Main Idea

  • Law as it is, not as it ought to be.
  • Also called Positivist School.
3. Historical School

Exponents

  • Savigny
  • Henry Maine

Main Idea

  • Law develops from customs and traditions.
  • Law is found, not made.
  • Source = Volksgeist (Spirit of the People).
4. Philosophical/Ethical School
  • Law and ethics are interconnected.
  • Law should promote justice and morality.
5. Sociological School

Exponents

  • Duguit
  • Ihering
  • Roscoe Pound

Main Idea

  • Law is a social institution.
  • Focuses on relationship between law and society.
6. Realist School

Exponents

  • Holmes
  • Cardozo

Main Idea

  • Law is what courts actually do.
  • Focus on judicial decisions.
7. Sources of Indian Law
Primary Sources

1. Customs

Oldest source of law.

Types

A. Customs without sanction

  • Positive morality.

B. Customs with sanction

  1. Legal Customs
    • Local Customs
    • General Customs
  2. Conventional Customs (Usages)

Essentials of Valid Custom

  1. Immemorial
  2. Certainty
  3. Reasonableness
  4. Continuous observance
  5. Conformity with law and morality
  6. Unanimity
  7. Peaceable enjoyment
  8. Consistency

2. Judicial Precedents

Meaning:

  • Previous judicial decisions followed in similar cases.

Doctrine of Stare Decisis

  • “Let the decision stand.”
  • Similar cases should be decided similarly.

Types

  1. Declaratory
  2. Original
  3. Persuasive
  4. Absolutely Authoritative
  5. Conditionally Authoritative

Ratio Decidendi

  • Binding principle of a judgment.

Obiter Dicta

  • Remarks made by the judge.
  • Persuasive only.

3. Statutes / Legislation

Types

Supreme Legislation

  • Parliament
  • Constitutional authority

Subordinate (Delegated) Legislation

  • Executive rules
  • Municipal bye-laws
  • University regulations.

4. Personal Laws

Hindu Law Sources

  1. Vedas (Shruti)
  2. Smritis
  3. Commentaries
  4. Customs

Muslim Law Sources

  1. Quran
  2. Hadis
  3. Ijma
  4. Qiyas
  5. Commentaries (Hedaya, Fatawa Alamgiri)
8. Secondary Sources of Indian Law

Justice, Equity and Good Conscience

Applied when:

  • No statute
  • No custom
  • No personal law exists.

Sources of English Law

  1. Common Law
  2. Law Merchant
  3. Equity
  4. Statute Law
One-Page Revision (Most Important Exam Points)

✅ Article 13(3) – Definition of Law

✅ Bentham – Utility Theory

✅ Austin – Command Theory (Command + Sovereign + Sanction)

✅ Salmond – Law = Administration of Justice

✅ Roscoe Pound – Social Engineering

✅ Kelsen – Pure Theory & Grundnorm

✅ Schools of Law:

  • Natural
  • Analytical
  • Historical
  • Philosophical
  • Sociological
  • Realist

✅ Primary Sources:

  • Customs
  • Precedents
  • Legislation
  • Personal Laws

✅ Valid Custom – 8 essentials

✅ Doctrine of Stare Decisis

✅ Ratio Decidendi vs Obiter Dicta

✅ Secondary Sources:

  • Justice, Equity & Good Conscience
  • English Law Sources

These notes are suitable for LLB (JIGL) exam revision and can be revised in about 20–30 minutes before the exam.

Leave a comment