Jurisprudence and Legal Theory

Friedrich Carl von Savigny's Volksgeist theory (people's spirit) emphasizes that law is not arbitrarily made but evolves from the spirit, consciousness, and customs of the people (Volksgeist). Law is an expression of the cultural and historical consciousness of a nation. Therefore, law should reflect the traditions, beliefs, and spirit of the people it governs. This is the foundation of the historical school of jurisprudence.

Kelsen's pure theory characterizes law as a coercive order of 'ought' propositions (norms) arranged in a hierarchy where each norm derives validity from a higher norm (Grundnorm). It explicitly rejects the view that law is merely a system of social rules, distinguishing legal validity from social efficacy.

Legal theory refers to scholarly writings and academic analysis of law, not an authoritative source. The three main sources of law are legislation (statutes), precedent (case law), and custom (long-established practices recognized by courts).

Rights and duties are fundamental concepts underlying all legal systems - they define what individuals and entities can or must do. Precedent and legislation are sources of law, not concepts. Ratio/obiter are parts of judicial opinions. Judicial process/activism describe court operations.

Law is the most important formal means of social control. Early societies depended upon informal means of social control, but when societies grew in size and complexity, they were compelled to formulate rules and regulations which define the required types of behaviour and specify the penalties to be imposed upon those who violate them. Law is a body of rules enacted by legally authorised bodies and enforced by authorised agencies.

Ratio decidendi has two key components: (1) the statement of legal principles applied to the case facts, and (2) the findings of material facts (both direct and inferential) based on earlier case law. Together, they form the binding part of a judicial precedent.

Jurisprudence is the philosophy or theory of law - the systematic and scientific study of legal concepts, principles, and systems. While 'lawyer's extroversion' is an unusual phrase, in this context it suggests the outward-facing, systematic study of law beyond mere practice.

Opinio juris sive necessitatis (an opinion of law or necessity) or simply opinio juris (an opinion of law) is the belief that an action was carried out because it was a legal obligation.

Law is the body of rules and principles governing the affairs of a community and enforced by a political authority.

Ratio decidendi is a principle, namely the general reasons given for the decision or the general grounds upon which it is based, detached or abstracted from the specific peculiarities of the particular case which gives rise to the decision.

Law can be an instrument of social change. Introduction law is an important mechanism for regulating society. It also brings about amazing social change. Social change means there is must change in social structure. Social structure can be understood as nature, social behaviour, social relations, social organisations or community of people.

According to realists, the law is what the judges decide.

Natural law is a philosophy that certain rights or values are inherent by virtue of human nature and universally cognisable through human reason.

In Jurisprudence, ‘Bracket theory’ is related with legal personality. According to Ihering, the conception of corporate personality is essential and merely an economic device by which we can simplify the task of coordinating legal relations.

Under the fault theory or the offence theory or the guilt theory, marriage can be dissolved only when either party to the marriage has committed a matrimonial offence.