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Jurisprudence and Legal Theory by V D Mahajan - PDF Drive


Vd Mahajan Jurisprudence Legal Theory Pdf 270 denyjani




Jurisprudence and legal theory are two important branches of law that deal with the nature, sources, principles, and interpretation of law. They are also closely related to philosophy, ethics, politics, and history. In this article, we will explore what jurisprudence and legal theory are, who is Vd Mahajan and what is his contribution to this field, how to access and download the PDF version of his book Jurisprudence and Legal Theory, and what is the meaning and origin of the word denyjani.




Vd Mahajan Jurisprudence Legal Theory Pdf 270 denyjani


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What is jurisprudence and legal theory?




Jurisprudence and legal theory are often used interchangeably, but they have some subtle differences. Jurisprudence is the study of the general nature and function of law, its concepts, principles, sources, validity, interpretation, application, and enforcement. Legal theory is the systematic analysis of the philosophical foundations, assumptions, implications, and criticisms of law. Legal theory can be seen as a subset or a branch of jurisprudence that focuses on the theoretical aspects of law.


Definition and scope of jurisprudence




The word jurisprudence comes from the Latin term juris prudentia, which means "the knowledge or skill of law". Jurisprudence can be defined as the science or philosophy of law that examines its nature, purpose, structure, logic, methods, and effects. Jurisprudence covers a wide range of topics such as:



  • The definition and classification of law



  • The sources and authority of law



  • The relationship between law and morality



  • The relationship between law and society



  • The relationship between law and justice



  • The interpretation and application of law



  • The evolution and development of law



  • The critique and reform of law



Jurisprudence aims to provide a deeper understanding of the nature and function of law, its role in human affairs, its strengths and weaknesses, its problems and challenges, its possibilities and limitations.


Types and schools of jurisprudence




There are different types or approaches to jurisprudence that reflect different perspectives or viewpoints on law. Some of the main types or schools of jurisprudence are:



  • Natural law theory: This theory holds that law is based on a higher moral order or natural reason that transcends human will or convention. Natural law theory asserts that there are universal principles or values that govern human conduct and that can be discovered by human reason.



  • Positive law theory: This theory holds that law is a product of human will or social agreement that is created by authoritative institutions or processes. Positive law theory asserts that law is valid because it is enacted or recognized by a sovereign power or a legitimate authority.



  • Realist law theory: This theory holds that law is a reflection of social facts or realities that are influenced by various factors such as politics, economics, psychology, and culture. Realist law theory asserts that law is not a fixed or abstract system of rules, but a dynamic and pragmatic phenomenon that changes according to the circumstances and interests of the actors involved.



  • Critical law theory: This theory holds that law is a tool of domination or oppression that serves the interests of the powerful or privileged groups in society. Critical law theory asserts that law is not neutral or objective, but biased or ideological, and that it reproduces and reinforces the existing inequalities and injustices in society.



These are not the only types or schools of jurisprudence, but some of the most influential and prominent ones. There are also other types or schools of jurisprudence that focus on specific aspects or dimensions of law, such as historical jurisprudence, sociological jurisprudence, analytical jurisprudence, normative jurisprudence, feminist jurisprudence, etc.


Who is Vd Mahajan and what is his contribution to jurisprudence?




Vd Mahajan was a renowned Indian jurist and scholar who made significant contributions to the field of jurisprudence and legal theory. He was born in 1915 in Punjab and obtained his law degree from Lahore University. He taught law at various institutions in India, such as Delhi University, Punjab University, Kurukshetra University, and Himachal Pradesh University. He also served as the Vice-Chancellor of Himachal Pradesh University from 1971 to 1974. He died in 2006 at the age of 91.


Biography and academic background of Vd Mahajan




Vd Mahajan was a prolific writer and researcher who authored several books and articles on various topics related to law, politics, history, and culture. Some of his notable works include:



  • Jurisprudence and Legal Theory



  • Political Theory



  • Modern Indian History



  • History of Medieval India



  • History of Ancient India



  • Indian Constitutional Law



  • International Law



  • Administrative Law



  • Law of Torts



  • Law of Contracts



Jurisprudence and Legal Theory is one of his most popular and widely used books that provides a comprehensive and critical overview of the various aspects and issues of jurisprudence and legal theory. The book covers topics such as:



  • The nature and definition of law



  • The sources and classification of law



  • The relation between law and morality



  • The relation between law and justice



  • The relation between law and sovereignty



  • The theories of natural law, positive law, realist law, critical law, etc.



  • The interpretation and application of law



  • The evolution and development of law



  • The critique and reform of law



The book also discusses the views and arguments of various jurists and legal theorists from different countries and traditions, such as Plato, Aristotle, Cicero, Aquinas, Hobbes, Locke, Rousseau, Bentham, Austin, Hart, Kelsen, Dworkin, Rawls, Fuller, Holmes, Pound, Llewellyn, Marx, Weber, Durkheim, Foucault, etc.


Main themes and arguments of his book Jurisprudence and Legal Theory




Some of the main themes and arguments of his book Jurisprudence and Legal Theory are:



  • Jurisprudence is a science or philosophy of law that aims to provide a systematic and rational understanding of the nature and function of law.



  • Jurisprudence is not a static or dogmatic discipline, but a dynamic and critical one that responds to the changing needs and demands of society.



  • Jurisprudence is not a monolithic or uniform field, but a diverse and pluralistic one that reflects different perspectives or approaches to law.



  • Jurisprudence is not an isolated or independent field, but an interdisciplinary one that interacts with other fields such as philosophy, ethics, politics, history, sociology, psychology, etc.



  • Jurisprudence is not a neutral or objective field, but a normative or evaluative one that involves moral judgments or values about law.



  • Jurisprudence is not a descriptive or explanatory field only, but a prescriptive or constructive one that proposes reforms or improvements for law.



The book also presents some original insights and suggestions for the development and improvement of jurisprudence and legal theory in India. For example:



How to access and download the PDF version of Jurisprudence and Legal Theory by Vd Mahajan?




PDF stands for Portable Document Format, which is a file format that preserves the layout, fonts, images, and hyperlinks of a document. PDF files are widely used for academic purposes, as they are easy to create, share, view, and print. PDF files also have some drawbacks, such as being difficult to edit, requiring special software or plugins to open, and being vulnerable to viruses or malware.


Benefits and drawbacks of using PDF files for academic purposes




Some of the benefits of using PDF files for academic purposes are:



  • They can be accessed on any device or platform that supports PDF readers, such as computers, tablets, smartphones, etc.



  • They can be downloaded from various sources, such as websites, online libraries, databases, etc.



  • They can be printed or saved for offline reading or reference.



  • They can be searched for keywords or phrases using the find function.



  • They can be annotated or highlighted using tools such as Adobe Acrobat Reader.



Some of the drawbacks of using PDF files for academic purposes are: