It is not only the common interest of mankind that crimes should not be committed, but that crimes of every kind should be less frequent, in proportion to the evil they produce to society. Therefore, the means made use of by the legislature to prevent crimes, should be more powerful, in proportion as they are destructive of the public safety and happiness, and as the inducements to commit them are stronger. Therefore there ought to be a fixed proportion between crimes and punishments.
A CRITICAL CONSIDERATION OF THE NEW PEDAGOGY IN ITS RELATION TO MODERN SCIENCE-MARIA MONTESSORI 1912-All forms of slavery tend little by little to weaken and disappear, even the sexual slavery of woman. The history of civilisation is a history of conquest and of liberation. We should ask in what stage of civilisation we find ourselves and if, in truth, the good of prizes and of punishments be necessary to our advancement. If we have indeed gone beyond this point, then to apply such a form of education would be to draw the new generation back to a lower level, not to lead them into their true heritage of progress.
Ancient Codes: Henry James Sumner Maine 1861-The Roman Code was merely an enunciation in words of the existing customs of the Roman people. Relatively to the progress of the Romans in civilisation, it was a remarkably early code, and it was published at a timeTimeWhere any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) when Roman society had barely emerged from that intellectual condition in which civil obligation and religious duty are inevitably confounded
Apex Court explained the Law relating to Delay, laches and acquiescence (11/10/2023)-To determine the difference between the concept of laches and acquiescence is that, in a case involving mere laches, the principle of estoppel would apply to all the defences that are available to a party. Therefore, a defendant can succeed on the various grounds raised by the plaintiff, while an issue concerned alone would be amenable to acquiescence.
Classification of Legal rules: Sir Henry Sumner Maine-The chief interest of the book of Narada, which has recently been translated into English by Dr. Julius Jölly, of Wurzburg, is that its writer is much more of a pure lawyer than the writer of Manu, and his work is much more nearly a work on law. Both of them were certainly Brahmans. The writer of Manu is intensely sacerdotal, and like earlier authorities, still contemplates the civil and earthly sanction as a supplement and aid to the spiritual penalty. On the other hand, the author of Narada depends almost wholly on the civil sanction, and his religious character shows itself chiefly in earnest and often very impressive exhortations to observance of the law and of the moralMoralityMental frame. It can be high morality or low morality, savage morality or civilised morality or Christian morality, or Nazi morality. Decent Behaviour is acceptable norms of the nations. Christian morality starts with the belief that all men are sinners and that repentance is the cause of divine mercy. Putting Crucified Christ in between is the destruction of Christian morality and logic. Now morality shifted to the personal choice of Jesus. What Jesus did is 'good'. The same would be the case of Ram, Krishna, Muhammad, Buddha, Lenin, etc. Pure Human Consciousness degraded to pure followership. There exists no proof the animals are devoid of morality. duties implicated with legal obligations.
Confession of an accused recorded by a Police Officer is not admissible in NDPS case-The case of Mohammed Khalid and Anr. Vs. State of Telangana involves the appeal of individuals convicted under the Narcotic Drugs and Psychotropic Substances ActNarcotic Drugs and Psychotropic Substances ActA substance used to treat moderate to severe pain. Narcotics are like opiates such as morphine and codeine, but are not made from opium. They bind to opioid receptors in the central nervous system. Narcotics are now called opioids.
The Schedule of Narcotic Drugs and Psychotropic Substances Act 2021Evidentiary value of statement under section 67 of Narcotic Drugs and Psychotropic Substances Act 1985Controlled Narcotic Drugs, its salts and preparations NDPS ActHow Does Marijuana(Ganja) Affect a Person’s Brain and Life?List of Indian Acts. The High Court's judgmentJudgmentThe statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2). Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision.
Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144)
Supreme Court NetworkOn Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….”
Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022) affirming their conviction was overturned by the Supreme Court due to significant discrepancies in the prosecution's evidenceEvidenceAll the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved.
Bharatiya Sakshya (Second) Adhiniyam 2023, leading to the appellants' acquittal. The Court highlighted flaws in the seizure and handling of evidence, ultimately finding the conviction unlawful.
Crimes are to be estimated by the injury done to society: VOLTAIRE-It is not only the common interest of mankind that crimes should not be committed, but that crimes of every kind should be less frequent, in proportion to the evil they produce to society. Therefore, the means made use of by the legislature to prevent crimes, should be more powerful, in proportion as they are destructive of the public safety and happiness, and as the inducements to commit them are stronger. Therefore there ought to be a fixed proportion between crimes and punishments.
Geetha Vs. Nanjundaswamy: Plaint cannot be rejected in part (O7-R11)-Rejection of Plaint-Test for exercising the power under Order 7 Rule 11 is that if the averments made in the plaint are taken in entirety, in conjunction with the documents relied upon resulted in a Decree
Guilt, bad conscience and the like-Nietzsche-1887-That idea—"the wrong-doer deserves punishment because he might have acted otherwise," in spite of the fact that it is nowadays so cheap, obvious, natural, and inevitable, and that it has had to serve as an illustration of the way in which the sentiment of justice appeared on earth, is in point of fact an exceedingly late, and even refined form of human judgment and inference; the placing of this idea back at the beginning of the world is simply a clumsy violation of the principles of primitive psychology.
Haryana Vs. Yunus: Untrustable eyewitness murder conviction unsustainable (12/01/2024)-Haryana Vs. Yunus: For trial under Section 302 IPC, if a witness is branded as untrustworthy having allegedly twisted the facts and made contrary statement, it is not safe to impose conviction on the basis of statement made by such witness. When there is an effort to falsely implicate one accused person, statement made by such an eyewitness cannot be relied without strong corroboration.
HUMANITARIAN THEORY OF PUNISHMENT- C. S. LEWIS-1954-My subject is not Capital Punishment in particular, but that theory of punishment in general which the controversy showed to be almost universal among my fellow-countrymen. It may be called the Humanitarian theory. Those who hold it think that it is mild and merciful. In this, I believe that they are seriously mistaken.
John Locke on Property-I think, it is very easy to conceive, without any difficulty, how labour could at first begin a title of property in the common things of nature, and how the spending it upon our uses bounded it. So that there could then be no reason of quarrelling about title, nor any doubt about the largeness of possession it gave. Right and conveniency went together; for as a man had a right to all he could employ his labour upon, so he had no temptation to labour for more than he could make use of
Judicial Accomplishments and Philosophy- President G. W. Bush (2008)-The lesson should be clear to every American: Judges matter. And that means the selection of good judges should be a priority for all of us. I appreciate that many people listening today and here in this room have worked hard to recruit more Americans to this cause. This work is in all our interests, because the truth of the matter is the belief in judicial restraint is shared by the vast majority of American citizens.
Law in science and science in law-Oliver Wendell Holmes-The growth of education is an increase in the knowledge of measure. To use words familiar to logic and to science, it is a substitution of quantitative for qualitative judgments. The difference between the criticism of a work of art by a man of perception without technical training and that by a critic of the studio will illustrate what I mean. The first, on seeing a statue, will say, "It is grotesque," a judgment of quality merely; the second will say,
LAWS IN GENERAL-Relation of laws and its nature: Montesquieu-Beside the sense or instinct which man possesses in common with brutes, he has the advantage of acquired knowledge; and thence arises a second tie, which brutes have not. Mankind have therefore a new motive of uniting, and a fourth law of nature results from the desire of living in society.
Legal fiction: Henry James Sumner Maine 1861-I employ the word "fiction" in a sense considerably wider than that in which English lawyers are accustomed to use it, and with a meaning much more extensive than that which belonged to the Roman "fictiones." Fictio, in old Roman law, is properly a term of pleading, and signifies a false averment on the part of the plaintiff which the defendant was not allowed to traverse; such, for example, as an averment that the plaintiff was a Roman citizen, when in truth he was a foreigner.
Liability-ROSCOE POUND-Two other types of liability, contractual and relational, must receive brief notice. The former has long done valiant service for the will theory. Not only liability arising from legal transactions but liability attached to an office or calling, liability attached to relations and liability to restitution in case of unjust enrichment have been referred to express or implied undertaking and hence to the will of the person held.
Natural Law or the Science of Justice-Lysander Spooner 1882-If justice be not a natural principle, then there is no such thing as injustice; and all the crimes of which the world has been the scene, have been no crimes at all; but only simple events, like the falling of the rain, or the setting of the sun; events of which the victims had no more reason to complain than they had to complain of the running of the streams, or the growth of vegetation.
Natural law-Oliver Wendell Holmes-The jurists who believe in natural law seem to me to be in that naïve state of mind that accepts what has been familiar and accepted by them and their neighbors as something that must be accepted by all men everywhere. No doubt it is true that, so far as we can see ahead, some arrangements and the rudiments of familiar institutions seem to be necessary elements in any society that may spring from our own and that would seem to us to be civilized—some form of permanent association between the sexes—some residue of property individually owned—some mode of binding oneself to specified future conduct—at the bottom of all, some protection for the person.
NATURE OF LAW: William Blackstone-Equity thus depending, essentially, upon the particular circumstances of each individual case, there can be no established rules and fixed precepts of equity laid down, without destroying it's very essence, and reducing it to a positive law. And, on the other hand, the liberty of considering all cases in an equitable light must not be indulged too far, left thereby we destroy all law, and leave the decision of every question entirely in the breast of the judge.
Of the other Lawes of Nature-Thomas Hobbes 1651-The word injustice relates to some LawLawPositive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis.: Injury to some Person, as well as some Law. For what's unjust, is unjust to all; but there may an injury be done, and yet not against me, nor thee, but some other; and sometimes against no private Person, but the Magistrate only; sometimes also neither against the Magistrate, nor any private man, but onely against GodGodPeople in most cultures believe in the existence of supernatural beings and other supernatural concepts. God is attributed to both anthropomorphic properties (“listens to prayers”) and non-anthropomorphic properties (“knows everything”). Conceptualizing God is associated with willingness to get the COVID-19 vaccine or Vaccine hesitancy. Pope requested people not to practice “Jesus is my vaccine”. For the Jewish, family (Avestan universal) god became national God: I am the God of Abraham, and the God of Isaac, and the God of Jacob,”(ex 3:15). See Ishwar. ; for through ContractContractAn agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act., and conveighance of Right, we say, that an injury is done against this, or that man.
Once there is no primary evidence available, the trial as a whole stands vitiated (SC-13/10/2023)-In the absence of any material on record to establish that the samples of the seized contraband were drawn in the presence of the Magistrate and that the inventory of the seized contraband was duly certified by the Magistrate, it is apparent that the said seized contraband and the samples drawn therefrom would not be a valid piece of primary evidence in the trial. Once there is no primary evidence available, the trial as a whole stands vitiated.
Principle of Relativity and Inference from it: Albert Einstein, Ph.D-1916-Since it has often been contended by opponents of the theory of relativity that the special theory of relativity is overthrown by the general theory of relativity, it is perhaps advisable to make the facts of the case clearer by means of an appropriate comparison. Before the development of electrodynamics the laws of electrostatics were looked upon as the laws of electricity.
Religions of the Utopians-Thomas More’s Utopia 1515-one Supreme Being that made and governs the world, whom they call, in the language of their country, Mithras. They differ in this: that one thinks the god whom he worships is this Supreme Being, and another thinks that his idol is that god; but they all agree in one principle, that whoever is this Supreme Being, He is also that great essence to whose glory and majesty all honours are ascribed by the consent of all nations.
RIGHT OF PROPERTY- Jean Baptiste Say-1803-It is to be observed that the right of property is equally invaded, by obstructing the free employment of the means of production, as by violently depriving the proprietor of the product of his land, capital, or industry: for the right of property, as defined by jurists, is the right of use or even abuse
Right to ignore the State-Harbart Spencer-1850-A good check upon that sentiment of power-worship which still misleads us by magnifying the prerogatives of constitutional governments as it once did those of monarchs. Let men learn that a legislature is not "our God upon earth," though, by the authority they ascribe to it and the things they expect from it, they would seem to think it is. Let them learn rather that it is an institution serving a purely temporary purpose, whose power, when not stolen, is at the best borrowed.
Rule of Law by Venice Commission – 2011-After examining the historical origins of the concepts of Rule of Law, Rechtsstaat and Etat de droit, the report looked at these concepts in positive law. In international law, they appear in a number of treaties but also in soft law; in national law, they appear as a main feature of the state in the constitutions of Germany as well as of a number of former socialist countries of Central and Eastern EuropeEuropeOnce the word came to be peculiarly associated with the transalpine formations of Latin Christianity, it became a cultural term as well as a geographic one. The word “European” merged with the word “Western” and there was a supposed “Western civilization” occupying the Atlantic region, colonizing the two continents and making contact with the Pacific. EU is a “union of states which lies between confederation and federation. Read more.. The notion of the Rule of Law is however often difficult to apprehend in former socialist countries, which were influenced by the notion of socialist legality.
Speech freedom vs religious hatred: Javed Vs Maharashtra (07/03/2024)-The Supreme Court of IndiaIndiaBharat Varsha (Jambu Dvipa) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । Read more, in the case of Javed Ahmad Hajam Vs. State of Maharashtra, ruled in favor of the appellant, quashing the FIR against him under Section 153-A of the IPC. The Court held that the appellant's WhatsApp status, expressing criticism and extending good wishes, did not promote disharmony or enmity. The Court emphasized the importance of freedom of speech and expression within reasonable limits.
Succession after death-A right of way over a neighbor's land can only be acquired by grant, or by using it adversely for twenty years. A man uses a way for ten years, and dies. Then his heir uses it ten years. Has any right been acquired?
The Application of Law:Roscoe Pound-It is usual to describe law as an aggregate of rules. But unless the word rule is used in so wide a sense as to be misleading, such a definition, framed with reference to codes or by jurists whose eyes were fixed upon the law of property, gives an inadequate picture of the manifold components of a modern legal system. Rules, that is, definite, detailed provisions for definite, detailed states of fact, are the main reliance of the beginnings of law.
The Concept of Possession: Why it needs to be protected-Possession is to be protected because a man by taking possession of an object has brought it within the sphere of his will. He has extended his personality into or over that object. As Hegel would have said, possession is the objective realization of free will. And by Kant's postulate, the will of any individual thus manifested is entitled to absolute respect from every other individual, and can only be overcome or set aside by the universal will, that is, by the state, acting through its organs, the courts.
The difficulty of defining “freedom”: Bruno Leoni-This explains certain metaphysical trends among those ancient Greek philosophers who treated nonmaterial things—justice, for example—as if they were similar to visible, material things. It also explains more recent attempts to define the “law” or the “state” as if they were entities like the sun or the moon. As Professor Glanville Williams points out in his recent essay (1945) on the controversy concerning the word “law,” the English jurist John Austin, the celebrated founder of jurisprudenceJurisprudenceIt is a branch of philosophy, that discusses the legality of Law. Oppenheimer v Cattermole (1976), the court considered the question of whether a Nazi law was so iniquitous that it should refuse to recognise it as a law, thus raising the connection between the concepts of law and morality., maintained that his definition of “law” corresponded to “law properly defined,” without having the least doubt that there exists such a thing as “the law properly defined.”
The Doctrine of Punishment: John Stuart Mill-When a right has been infringed, there are two things, it is evident, which ought to be done: The injury which has been sustained by the individual ought to be repaired: And means ought to be taken to prevent the occurrence of a like evil in future.
The End of Law: Roscoe Pound 1930-The end of law has been debated more in politics than in jurisprudence. In the stage of equity and natural law the prevailing theory of the nature of law seemed to answer the question as to its end. In the maturity of law the law was thought of as something self-sufficient, to be judged by an ideal form of itself, and as something which could not be made, or, if it could be made, was to be made sparingly.
The essence of Law-Thomas Aquinas-I answer that, Law is a rule and measure of acts, whereby man is induced to act or is restrained from acting: for "lex" [law] is derived from "ligare" [to bind], because it binds one to act. Now the rule and measure of human acts is the reason, which is the first principle of human acts, as is evident from what has been stated above (Q1, A1, ad 3); since it belongs to the reason to direct to the end, which is the first principle in all matters of action, according to the Philosopher (Phys. ii). Now that which is the principle in any genus, is the rule and measure of that genus: for instance, unity in the genus of numbers, and the first movement in the genus of movements. Consequently it follows that law is something pertaining to reason.
The Expansion of Civilisation: Gustave de Molinari-The nations of the civilised world began to seek means of expansion during the fifteenth century, and the process has never been more active than at the present time. The white man has subjugated the greater part of the globe. America and Australia are occupied, AfricaAfricaEastern Africa
Burundi
Comoros
Djibouti
Eritrea
Ethiopia
Kenya
Madagascar
Malawi
Mauritius
Mayotte
Mozambique
Réunion
Rwanda
Seychelles
Somalia
South Sudan
Tanzania
Uganda
Zambia
Zimbabwe
Middle Africa
Angola
Cameroon
Central African Republic
Chad
Congo
Democratic Republic of the Congo
Equatorial Guinea
Gabon
São Tomé e Príncipe
Northern Africa
Algeria
Egypt
Libya
Morocco
Sudan
Tunisia
Western Sahara
Southern Africa
Botswana
Eswatini
Lesotho
Namibia
South Africa
Western Africa
Benin
Burkina Faso
Cape Verde Islands
Côte d’Ivoire
Gambia
Ghana
Guinea
Guinea-Bissau
Liberia
Mali
Mauritania
Niger
Nigeria
Saint Helena
Senegal
Sierra Leone
Togo is in process of partition, and the greater part of AsiaAsiaCentral Asia
Kazakhstan
Kyrgyzstan
Tajikistan
Turkmenistan
Uzbekistan
Eastern Asia
China
China–Hong Kong
China–Macao
China–Taiwan
Japan
Mongolia
North Korea
South Korea
Southern Asia
Afghanistan
Bangladesh
Bhutan
British Indian Ocean Territory
India
Iran
Maldives
Nepal
Pakistan
Sri Lanka
South-Eastern Asia
Brunei
Cambodia
East Timor
Indonesia
Laos
Malaysia
Myanmar
Philippines
Singapore
Thailand
Vietnam
Western Asia
Armenia
Azerbaijan
Bahrain
Cyprus
Georgia
Iraq
Israel
Jordan
Kuwait
Lebanon
Oman
Palestine
Qatar
Saudi Arabia
Syria
Turkey
United Arab Emirates
Yemen is already in a state of dependence.
The Gladue Principles: A Guide to the Jurisprudence by Benjamin A. Ralston (2021)-The categories of “unique circumstances” that were outlined in Gladue take on meaning by reference to vastly different cultures, histories, experiences, legal traditions, programs, and justice initiatives across Canada. Its broadest principles are now applied in several analogous contexts beyond sentencing and the strict confines of Canadian criminal law.
The Judges and the manners of passing Judgement: Montesquieu-In despotic governments there are no laws; the judge himself is his own rule. There are laws in monarchies; and, where these are explicit, the judge conforms to them; where they are otherwise, he endeavours to investigate their spirit.In republics, the very nature of the constitution requires the judges to follow the letter of the law; otherwise, the law might be explained to the prejudice of every citizen, in cases where their honour, property, or life, are concerned.
THE LAW OF NATURE-William Ames 1639-That law which is derived from the natural law only by way of conclusion, if the consequence be good, hath its whole strength from the law of nature, as the conclusion hath its force from the premised propositions; but that which is derived from the law of nature by way of determination and application, is in part a new constitution, even as every species hath its own proper form and essence besides that which is actually comprehended in the genus.
The Method of Scientific Investigation: Thomas Henry Huxley-That train of reasoning is what logicians call a syllogism, and has all its various parts and terms,—its major premiss, its minor premiss and its conclusion. And, by the help of further reasoning, which, if drawn out, would have to be exhibited in two or three other syllogisms, you arrive at your final determination, "I will not have that apple."
The Origin, Right and Consequences of Punishment: VOLTAIRE-If we look into history we shall find that laws which are, or ought to be, conventions between men in a state of freedom, have been, for the most part, the work of the passions of a few, or the consequences of a fortuitous or temporary necessity; not dictated by a cool examiner of human nature, who knew how to collect in one point the actions of a multitude, and had this only end in view, the greatest happiness of the greatest number.
The Paradox of “Being Governed”: James M. Buchanan-In this role or capacity, the state is not “protecting” defined individual rights. Government is a productive process, one that ideally enables the community of persons to increase their overall levels of economic well-being, to shift toward the efficiency frontier. Only through governmental-collective processes can individuals secure the net benefits of goods and services that are characterized by extreme jointness efficiencies and by extreme nonexcludability, goods and services that would tend to be provided suboptimally or not at all in the absence of collective-governmental action.
The path of law by Oliver Wendell Holmes-, What constitutes the law? You will find some text writers telling you that it is something different from what is decided by the courts of Massachusetts or EnglandEnglandIn England, the Parliament was originally an advisory body summoned to consult with the monarch, and the courts exercised delegated royal powers, as “lions beneath the throne”., that it is a system of reason, that it is a deduction from principles of ethics or admitted axioms or what not, which may or may not coincide with the decisions. But if we take the view of our friend the bad man we shall find that he does not care two straws for the axioms or deductions, but that he does want to know what the Massachusetts or English courts are likely to do in fact. I am much of this mind. The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law.
The Principles of ‘Justice’- H.M. Hyndman, William Morris, and J. Taylor-1884-Party government indeed means nothing better than party trickery to those who furnish the entire wealth of the country. Tories and Liberals only vie with one another as to which shall most dexterously shelve the pressing social questions of our time. We look for no improvement whatever under the existing Parliamentary system.......
Theory of Legal Interpretation-by Oliver Wendell Holmes, Jr.-The question is how far the law ought to go in aid of the writers. In the case of contracts, to begin with them, it is obvious that they express the wishes not of one person but of two, and those two adversaries. If it turns out that one meant one thing and the other another, speaking generally, the only choice possible for the legislator is either to hold both parties to the judge's interpretation of the words in the sense which I have explained, or to allow the contract to be avoided because there has been no meeting of minds.
Union and States are duty-bound to completely eradicate manual scavenging (SC-20/10/2023)-The Union Govt should take appropriate measures and frame policies, and issue directions, to all statutory bodies, including corporations, railways, cantonments, as well as agencies under its control, to ensure that manual sewer cleaning is completely eradicated in a phased manner.
What if subordinate Courts disobey decisions of higher courts?-When a decision of a coordinate Bench of same High Court is brought to the notice of the bench, it is to be respected and is binding subject to right of the bench of such co-equal quorum to take a different view and refer the question to a larger bench – It is the only course of action open to a bench of co-equal strength.
What is a Profession – the Rise of the Legal Profession in Antiquity-Roscoe Pound 1944-A true profession, both in idea and as a matter of history, is a learned profession. An unlearned profession is a contradiction in terms. Learning, the pursuit of a learned art is one of the things which distinguishes a profession from a calling or vocation or occupation. Professions are learned not only from the nature of the art professed but because they have historically a cultural, an ideal side which furthers the effective exercise of that art.
A CRITICAL CONSIDERATION OF THE NEW PEDAGOGY IN ITS RELATION TO MODERN SCIENCE-MARIA MONTESSORI 1912 - All forms of slavery tend little by little to weaken and disappear, even the sexual slavery of woman. The history of civilisation is a history of conquest and of liberation. We should ask in what stage of civilisation we find ourselves and if, in truth, the good of prizes and of punishments be necessary to our advancement. If we have indeed gone beyond this point, then to apply such a form of education would be to draw the new generation back to a lower level, not to lead them into their true heritage of progress.
Ancient Codes: Henry James Sumner Maine 1861 - The Roman Code was merely an enunciation in words of the existing customs of the Roman people. Relatively to the progress of the Romans in civilisation, it was a remarkably early code, and it was published at a timeTime Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) when Roman society had barely emerged from that intellectual condition in which civil obligation and religious duty are inevitably confounded
Apex Court explained the Law relating to Delay, laches and acquiescence (11/10/2023) - To determine the difference between the concept of laches and acquiescence is that, in a case involving mere laches, the principle of estoppel would apply to all the defences that are available to a party. Therefore, a defendant can succeed on the various grounds raised by the plaintiff, while an issue concerned alone would be amenable to acquiescence.
Confession of an accused recorded by a Police Officer is not admissible in NDPS case - The case of Mohammed Khalid and Anr. Vs. State of Telangana involves the appeal of individuals convicted under the Narcotic Drugs and Psychotropic Substances ActNarcotic Drugs and Psychotropic Substances Act A substance used to treat moderate to severe pain. Narcotics are like opiates such as morphine and codeine, but are not made from opium. They bind to opioid receptors in the central nervous system. Narcotics are now called opioids.
The Schedule of Narcotic Drugs and Psychotropic Substances Act 2021
Evidentiary value of statement under section 67 of Narcotic Drugs and Psychotropic Substances Act 1985
Controlled Narcotic Drugs, its salts and preparations NDPS Act
How Does Marijuana(Ganja) Affect a Person’s Brain and Life?
List of Indian Acts. The High Court's judgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2). Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision.
Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144)
Supreme Court Network
On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….”
Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022) affirming their conviction was overturned by the Supreme Court due to significant discrepancies in the prosecution's evidenceEvidence All the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved.
Bharatiya Sakshya (Second) Adhiniyam 2023
, leading to the appellants' acquittal. The Court highlighted flaws in the seizure and handling of evidence, ultimately finding the conviction unlawful.
Crimes are to be estimated by the injury done to society: VOLTAIRE - It is not only the common interest of mankind that crimes should not be committed, but that crimes of every kind should be less frequent, in proportion to the evil they produce to society. Therefore, the means made use of by the legislature to prevent crimes, should be more powerful, in proportion as they are destructive of the public safety and happiness, and as the inducements to commit them are stronger. Therefore there ought to be a fixed proportion between crimes and punishments.
Geetha Vs. Nanjundaswamy: Plaint cannot be rejected in part (O7-R11) - Rejection of Plaint-Test for exercising the power under Order 7 Rule 11 is that if the averments made in the plaint are taken in entirety, in conjunction with the documents relied upon resulted in a Decree
Guilt, bad conscience and the like-Nietzsche-1887 - That idea—"the wrong-doer deserves punishment because he might have acted otherwise," in spite of the fact that it is nowadays so cheap, obvious, natural, and inevitable, and that it has had to serve as an illustration of the way in which the sentiment of justice appeared on earth, is in point of fact an exceedingly late, and even refined form of human judgment and inference; the placing of this idea back at the beginning of the world is simply a clumsy violation of the principles of primitive psychology.
HUMANITARIAN THEORY OF PUNISHMENT- C. S. LEWIS-1954 - My subject is not Capital Punishment in particular, but that theory of punishment in general which the controversy showed to be almost universal among my fellow-countrymen. It may be called the Humanitarian theory. Those who hold it think that it is mild and merciful. In this, I believe that they are seriously mistaken.
John Locke on Property - I think, it is very easy to conceive, without any difficulty, how labour could at first begin a title of property in the common things of nature, and how the spending it upon our uses bounded it. So that there could then be no reason of quarrelling about title, nor any doubt about the largeness of possession it gave. Right and conveniency went together; for as a man had a right to all he could employ his labour upon, so he had no temptation to labour for more than he could make use of
Judicial Accomplishments and Philosophy- President G. W. Bush (2008) - The lesson should be clear to every American: Judges matter. And that means the selection of good judges should be a priority for all of us. I appreciate that many people listening today and here in this room have worked hard to recruit more Americans to this cause. This work is in all our interests, because the truth of the matter is the belief in judicial restraint is shared by the vast majority of American citizens.
Law in science and science in law-Oliver Wendell Holmes - The growth of education is an increase in the knowledge of measure. To use words familiar to logic and to science, it is a substitution of quantitative for qualitative judgments. The difference between the criticism of a work of art by a man of perception without technical training and that by a critic of the studio will illustrate what I mean. The first, on seeing a statue, will say, "It is grotesque," a judgment of quality merely; the second will say,
LAWS IN GENERAL-Relation of laws and its nature: Montesquieu - Beside the sense or instinct which man possesses in common with brutes, he has the advantage of acquired knowledge; and thence arises a second tie, which brutes have not. Mankind have therefore a new motive of uniting, and a fourth law of nature results from the desire of living in society.
Liability-ROSCOE POUND - Two other types of liability, contractual and relational, must receive brief notice. The former has long done valiant service for the will theory. Not only liability arising from legal transactions but liability attached to an office or calling, liability attached to relations and liability to restitution in case of unjust enrichment have been referred to express or implied undertaking and hence to the will of the person held.
Natural Law or the Science of Justice-Lysander Spooner 1882 - If justice be not a natural principle, then there is no such thing as injustice; and all the crimes of which the world has been the scene, have been no crimes at all; but only simple events, like the falling of the rain, or the setting of the sun; events of which the victims had no more reason to complain than they had to complain of the running of the streams, or the growth of vegetation.
Natural law-Oliver Wendell Holmes - The jurists who believe in natural law seem to me to be in that naïve state of mind that accepts what has been familiar and accepted by them and their neighbors as something that must be accepted by all men everywhere. No doubt it is true that, so far as we can see ahead, some arrangements and the rudiments of familiar institutions seem to be necessary elements in any society that may spring from our own and that would seem to us to be civilized—some form of permanent association between the sexes—some residue of property individually owned—some mode of binding oneself to specified future conduct—at the bottom of all, some protection for the person.
NATURE OF LAW: William Blackstone - Equity thus depending, essentially, upon the particular circumstances of each individual case, there can be no established rules and fixed precepts of equity laid down, without destroying it's very essence, and reducing it to a positive law. And, on the other hand, the liberty of considering all cases in an equitable light must not be indulged too far, left thereby we destroy all law, and leave the decision of every question entirely in the breast of the judge.
Of the other Lawes of Nature-Thomas Hobbes 1651 - The word injustice relates to some LawLaw Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis.: Injury to some Person, as well as some Law. For what's unjust, is unjust to all; but there may an injury be done, and yet not against me, nor thee, but some other; and sometimes against no private Person, but the Magistrate only; sometimes also neither against the Magistrate, nor any private man, but onely against GodGod People in most cultures believe in the existence of supernatural beings and other supernatural concepts. God is attributed to both anthropomorphic properties (“listens to prayers”) and non-anthropomorphic properties (“knows everything”). Conceptualizing God is associated with willingness to get the COVID-19 vaccine or Vaccine hesitancy. Pope requested people not to practice “Jesus is my vaccine”. For the Jewish, family (Avestan universal) god became national God: I am the God of Abraham, and the God of Isaac, and the God of Jacob,”(ex 3:15). See Ishwar. ; for through ContractContract An agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act., and conveighance of Right, we say, that an injury is done against this, or that man.
Once there is no primary evidence available, the trial as a whole stands vitiated (SC-13/10/2023) - In the absence of any material on record to establish that the samples of the seized contraband were drawn in the presence of the Magistrate and that the inventory of the seized contraband was duly certified by the Magistrate, it is apparent that the said seized contraband and the samples drawn therefrom would not be a valid piece of primary evidence in the trial. Once there is no primary evidence available, the trial as a whole stands vitiated.
OVER-LEGISLATION : Herbert Spencer - I From timeTime Where any expression of it occurs in any Rules, or any judgment,...
Principle of Relativity and Inference from it: Albert Einstein, Ph.D-1916 - Since it has often been contended by opponents of the theory of relativity that the special theory of relativity is overthrown by the general theory of relativity, it is perhaps advisable to make the facts of the case clearer by means of an appropriate comparison. Before the development of electrodynamics the laws of electrostatics were looked upon as the laws of electricity.
Religions of the Utopians-Thomas More’s Utopia 1515 - one Supreme Being that made and governs the world, whom they call, in the language of their country, Mithras. They differ in this: that one thinks the god whom he worships is this Supreme Being, and another thinks that his idol is that god; but they all agree in one principle, that whoever is this Supreme Being, He is also that great essence to whose glory and majesty all honours are ascribed by the consent of all nations.
RIGHT OF PROPERTY- Jean Baptiste Say-1803 - It is to be observed that the right of property is equally invaded, by obstructing the free employment of the means of production, as by violently depriving the proprietor of the product of his land, capital, or industry: for the right of property, as defined by jurists, is the right of use or even abuse
Right to ignore the State-Harbart Spencer-1850 - A good check upon that sentiment of power-worship which still misleads us by magnifying the prerogatives of constitutional governments as it once did those of monarchs. Let men learn that a legislature is not "our God upon earth," though, by the authority they ascribe to it and the things they expect from it, they would seem to think it is. Let them learn rather that it is an institution serving a purely temporary purpose, whose power, when not stolen, is at the best borrowed.
Rule of Law by Venice Commission – 2011 - After examining the historical origins of the concepts of Rule of Law, Rechtsstaat and Etat de droit, the report looked at these concepts in positive law. In international law, they appear in a number of treaties but also in soft law; in national law, they appear as a main feature of the state in the constitutions of Germany as well as of a number of former socialist countries of Central and Eastern EuropeEurope Once the word came to be peculiarly associated with the transalpine formations of Latin Christianity, it became a cultural term as well as a geographic one. The word “European” merged with the word “Western” and there was a supposed “Western civilization” occupying the Atlantic region, colonizing the two continents and making contact with the Pacific. EU is a “union of states which lies between confederation and federation. Read more.. The notion of the Rule of Law is however often difficult to apprehend in former socialist countries, which were influenced by the notion of socialist legality.
Sisodia Vs CBI: Powerful Reason Why SC Denied Bail In Liquor Scam - Bail Law-Even if the allegation is one of grave economic offence, it is not a rule that bail should be denied in every case
Speech freedom vs religious hatred: Javed Vs Maharashtra (07/03/2024) - The Supreme Court of IndiaIndia Bharat Varsha (Jambu Dvipa) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । Read more, in the case of Javed Ahmad Hajam Vs. State of Maharashtra, ruled in favor of the appellant, quashing the FIR against him under Section 153-A of the IPC. The Court held that the appellant's WhatsApp status, expressing criticism and extending good wishes, did not promote disharmony or enmity. The Court emphasized the importance of freedom of speech and expression within reasonable limits.
Succession after death - A right of way over a neighbor's land can only be acquired by grant, or by using it adversely for twenty years. A man uses a way for ten years, and dies. Then his heir uses it ten years. Has any right been acquired?
The difficulty of defining “freedom”: Bruno Leoni - This explains certain metaphysical trends among those ancient Greek philosophers who treated nonmaterial things—justice, for example—as if they were similar to visible, material things. It also explains more recent attempts to define the “law” or the “state” as if they were entities like the sun or the moon. As Professor Glanville Williams points out in his recent essay (1945) on the controversy concerning the word “law,” the English jurist John Austin, the celebrated founder of jurisprudenceJurisprudence It is a branch of philosophy, that discusses the legality of Law. Oppenheimer v Cattermole (1976), the court considered the question of whether a Nazi law was so iniquitous that it should refuse to recognise it as a law, thus raising the connection between the concepts of law and morality., maintained that his definition of “law” corresponded to “law properly defined,” without having the least doubt that there exists such a thing as “the law properly defined.”
The Doctrine of Punishment: John Stuart Mill - When a right has been infringed, there are two things, it is evident, which ought to be done: The injury which has been sustained by the individual ought to be repaired: And means ought to be taken to prevent the occurrence of a like evil in future.
The essence of Law-Thomas Aquinas - I answer that, Law is a rule and measure of acts, whereby man is induced to act or is restrained from acting: for "lex" [law] is derived from "ligare" [to bind], because it binds one to act. Now the rule and measure of human acts is the reason, which is the first principle of human acts, as is evident from what has been stated above (Q1, A1, ad 3); since it belongs to the reason to direct to the end, which is the first principle in all matters of action, according to the Philosopher (Phys. ii). Now that which is the principle in any genus, is the rule and measure of that genus: for instance, unity in the genus of numbers, and the first movement in the genus of movements. Consequently it follows that law is something pertaining to reason.
The Expansion of Civilisation: Gustave de Molinari - The nations of the civilised world began to seek means of expansion during the fifteenth century, and the process has never been more active than at the present time. The white man has subjugated the greater part of the globe. America and Australia are occupied, AfricaAfrica Eastern Africa
Burundi
Comoros
Djibouti
Eritrea
Ethiopia
Kenya
Madagascar
Malawi
Mauritius
Mayotte
Mozambique
Réunion
Rwanda
Seychelles
Somalia
South Sudan
Tanzania
Uganda
Zambia
Zimbabwe
Middle Africa
Angola
Cameroon
Central African Republic
Chad
Congo
Democratic Republic of the Congo
Equatorial Guinea
Gabon
São Tomé e Príncipe
Northern Africa
Algeria
Egypt
Libya
Morocco
Sudan
Tunisia
Western Sahara
Southern Africa
Botswana
Eswatini
Lesotho
Namibia
South Africa
Western Africa
Benin
Burkina Faso
Cape Verde Islands
Côte d’Ivoire
Gambia
Ghana
Guinea
Guinea-Bissau
Liberia
Mali
Mauritania
Niger
Nigeria
Saint Helena
Senegal
Sierra Leone
Togo is in process of partition, and the greater part of AsiaAsia Central Asia
Kazakhstan
Kyrgyzstan
Tajikistan
Turkmenistan
Uzbekistan
Eastern Asia
China
China–Hong Kong
China–Macao
China–Taiwan
Japan
Mongolia
North Korea
South Korea
Southern Asia
Afghanistan
Bangladesh
Bhutan
British Indian Ocean Territory
India
Iran
Maldives
Nepal
Pakistan
Sri Lanka
South-Eastern Asia
Brunei
Cambodia
East Timor
Indonesia
Laos
Malaysia
Myanmar
Philippines
Singapore
Thailand
Vietnam
Western Asia
Armenia
Azerbaijan
Bahrain
Cyprus
Georgia
Iraq
Israel
Jordan
Kuwait
Lebanon
Oman
Palestine
Qatar
Saudi Arabia
Syria
Turkey
United Arab Emirates
Yemen is already in a state of dependence.
The Gladue Principles: A Guide to the Jurisprudence by Benjamin A. Ralston (2021) - The categories of “unique circumstances” that were outlined in Gladue take on meaning by reference to vastly different cultures, histories, experiences, legal traditions, programs, and justice initiatives across Canada. Its broadest principles are now applied in several analogous contexts beyond sentencing and the strict confines of Canadian criminal law.
THE LAW OF NATURE-William Ames 1639 - That law which is derived from the natural law only by way of conclusion, if the consequence be good, hath its whole strength from the law of nature, as the conclusion hath its force from the premised propositions; but that which is derived from the law of nature by way of determination and application, is in part a new constitution, even as every species hath its own proper form and essence besides that which is actually comprehended in the genus.
The Method of Scientific Investigation: Thomas Henry Huxley - That train of reasoning is what logicians call a syllogism, and has all its various parts and terms,—its major premiss, its minor premiss and its conclusion. And, by the help of further reasoning, which, if drawn out, would have to be exhibited in two or three other syllogisms, you arrive at your final determination, "I will not have that apple."
The Paradox of “Being Governed”: James M. Buchanan - In this role or capacity, the state is not “protecting” defined individual rights. Government is a productive process, one that ideally enables the community of persons to increase their overall levels of economic well-being, to shift toward the efficiency frontier. Only through governmental-collective processes can individuals secure the net benefits of goods and services that are characterized by extreme jointness efficiencies and by extreme nonexcludability, goods and services that would tend to be provided suboptimally or not at all in the absence of collective-governmental action.
The path of law by Oliver Wendell Holmes - , What constitutes the law? You will find some text writers telling you that it is something different from what is decided by the courts of Massachusetts or EnglandEngland In England, the Parliament was originally an advisory body summoned to consult with the monarch, and the courts exercised delegated royal powers, as “lions beneath the throne”., that it is a system of reason, that it is a deduction from principles of ethics or admitted axioms or what not, which may or may not coincide with the decisions. But if we take the view of our friend the bad man we shall find that he does not care two straws for the axioms or deductions, but that he does want to know what the Massachusetts or English courts are likely to do in fact. I am much of this mind. The prophecies of what the courts will do in fact, and nothing more pretentious, are what I mean by the law.
The Principles of ‘Justice’- H.M. Hyndman, William Morris, and J. Taylor-1884 - Party government indeed means nothing better than party trickery to those who furnish the entire wealth of the country. Tories and Liberals only vie with one another as to which shall most dexterously shelve the pressing social questions of our time. We look for no improvement whatever under the existing Parliamentary system.......
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