Philosophy of Law

INTRODUCTION Law is a set of rules and regulations a society creates to govern people’s behaviour and maintain order. It provides guidelines on how individuals should act and interact with one another and the consequences for violating those rules. The law helps to ensure fairness, protect rights, and resolve disputes. It applies to various aspects … Read more

INTRODUCTION Law is essential to any society, serving as the framework that governs human behaviour, resolves conflicts, and ensures justice. Throughout history, numerous classifications of law have emerged, each reflecting different approaches and philosophies toward the legal system.  Various types of law commonly discussed are imperative law, physical or scientific law, natural law, conventional law, … Read more

INTRODUCTION Different writers have used the term Sources of Law in other senses. All the writers expressed their different views from time to time. Sometimes, the term is used in the sense of the sovereign or the State from which law derives its force or validity. Sometimes, it is used to denote the causes of … Read more

INTRODUCTION Natural law philosophy has occupied an important place in politics, Law, religion, and ethics from the earliest times. It has played the role of harmonizing and synthesizing. It promotes peace and justice in different periods, protecting the public against injustice, tyranny, and misrule and commending the function of natural Law in liberating people from … Read more

HISTORICAL BACKGROUND Critical theory is a philosophical and social framework that aims to understand and critique oppressive power structures in society. It examines the relationship between power, culture, and social inequality, focusing on how dominant ideologies maintain and perpetuate systems of injustice to foster social transformation and liberation.   INTRODUCTION The term “critical theory” was … Read more

INTRODUCTION Pure Theory of Law was propounded by the formidable Austrian jurist and philosopher Hans Kelsen (1881- 1973). Kelsen began his long career as a legal theorist at the beginning of the 20th century. Kelsen suggested a ‘pure’ theory of law that would avoid reductionism of any kind. The pure theory of law of Hans … Read more

INTRODUCTION Social contract theory is a compelling political and moral concept that seeks to explain the origin and legitimacy of Government. It was developed by influential thinkers such as Thomas Hobbes, John Locke, and Jean-Jacques Rousseau. This theory says that individuals willingly enter a mutual agreement, or social contract, to form a society and establish … Read more

BACKGROUND Legal positivism is a legal theory that holds the validity and legitimacy of laws. It is determined by their enactment by recognized governmental authorities. At various times and places, “Jurists have made their approaches to studying law from different angles. They have defined law, determined its sources and nature, and discussed its purpose and … Read more

INTRODUCTION The rule of Law was popularised in the late nineteenth century. A fundamental principle of the English Constitution is the rule of Law. This doctrine is accepted in the Constitution of Pakistan Under Articles 4 & 25.   CROSS-REFERENCE Article 4825 of the Constitution of Pakistan 1973 English Constitution American Constitution   MEANING OF … Read more

INTRODUCTION The term “legal rights” is a problematic concept. In its strict sense, Legal Rights is an assessable claim enforceable before courts and administrative agencies. A legal right is a capacity to assert a secured interest rather than a lawsuit that could be stated in the Courts, and it includes not only rights conferred by … Read more