The End of Law: Roscoe Pound 1930

MAKING or finding law, call it which you will, presupposes a mental picture of what one is doing and of why he is doing it. Hence the nature of law has been the chief battleground of jurisprudence since the Greek philosophers began to argue as to the basis of the law’s authority. But 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 idea of natural rights seemed to explain incidentally what law was for and to show that there ought to be as little of it as possible, since it was a restraint upon liberty and even the least of such restraint demanded affirmative justification. Thus, apart from mere systematic and formal improvement, the theory of lawmaking in the maturity of law was negative. It told us chiefly how we should not legislate and upon what subjects we should refrain from lawmaking. Having no positive theory of creative lawmaking, the last century was little conscious of requiring or holding a theory as to the end of law. But in fact it held such a theory and held it strongly.

Continue Reading

Rights, Interests, and Values: Roscoe Pound 1958

A right is a juristic concept. Such concepts are to be distinguished from legal concepts. Legal concepts are legally defined categories into which facts may be put, whereupon a series of rules, principles, and standards become legally applicable. Juristic concepts are not prescribed and defined by law as legal concepts are. They are worked out by jurists in order to systematize and expound the phenomena of the legal order, the body of authoritative grounds of or guides to decision, and the operation of the judicial process. It is their primary function to provide a basis for understanding and developing law in the second sense.

Historically law in the second sense precedes these juristic concepts which we reach by analysis and postulate as the logical bases of legal precepts. The logical sequence is interest, right, duty, action, remedy. In order to secure the interest recognized and delimited by the law, it confers a legal right, secured by imposing a corresponding duty. To enforce the duty it allows an action, which has for its end a legal remedy. But historically the order of development is the reverse. In English law, for example, one complained to the king who gave a writ affording a remedy. Out of the writ an action developed. Behind the action men came to see a duty to be enforced and a correlative right was found by jurists behind the duty. Since Jhering it has been seen that behind the right is an interest (claim or demand or expectation) which is recognized and delimited by the law. But if the law confers legal rights and powers and privileges, imposes legal duties and liabilities and recognizes legal liberties, it does not create or define the concepts of legal right, legal duty, or power, privilege or liberty. It prescribes when men may constrain the action of others with the backing of the force of politically organized society, when they may create or alter or direct capacities of such constraints, when men are subject to them, on what occasions men are exempt from them, and in what fields of human activity the law will keep its hands off. Jurists analyze these prescribings of law in the second sense and find in them, rights, powers, liberties, privileges, duties and liabilities, which as concepts are not defined by the law but by the jurists. They belong to the science of law rather than to the law. Hence jurists may hold different ideas with respect to them without affecting the law.

Continue Reading

Legal Glossary: Roscoe Pound

Adgnati. In general, those who are related by blood to a particular father. Roman law was particularly concerned with the degrees of relationship to the father, a consideration in modern law called consanguinity. More specifically, adgnati also means those younger children born after a father has written a will, and Pound is alluding to the problem of the law’s recognizing or failing to recognize the injustice of a child’s loss of an inheritance as a result only of a father’s failure to amend the will before death.

Adverse user. Now called “adverse use” or “hostile enjoyment,” which under certain circumstances entitles a person using an easement over land without title or permission eventually to hold legal title to the use of the easement through the doctrine of “prescription”: the person used the easement until the landholder who might have sued to eject, or to bar the person from using the easement, had allowed the statute of limitations to expire.

Continue Reading

A Guide for the Perplexed: Moses Maimonides 1140 CE

Freedom

Moses Maimonides, A Guide for the Perplexed, translated from the original Arabic text by M. Friedlaender

THE GUIDE FOR THE PERPLEXED

Moses Maimonides, A Guide for the Perplexed, translated from the original Arabic text by M. Friedlaender

THE GUIDE FOR THE PERPLEXED
by MOSES MAIMONIDES
TRANSLATED FROM THE ORIGINAL ARABIC TEXT
by M. FRIEDLÄNDER, Ph.D.

THE LIFE OF MOSES MAIMONIDES

Moses Maimonides was one of the foremost intellectuals of medieval Judaism. He became physician to Sultan Saladin (1137/8-1193), the famous Islamic military leader.
Moses, the son of Maimon, was born at Cordova, on the 14th of Nisan, 4895 (March 30, 1135). Although the date of his birth has been recorded with the utmost accuracy, no trustworthy notice has been preserved concerning the early period of his life. But his entire career is a proof that he did not pass his youth in idleness; his education must have been in harmony with the hope of his parents, that one day he would, like his father and forefathers, hold the honourable office of Dayyan or Rabbi, and distinguish himself in theological learning. It is probable that the Bible and the Talmud formed the chief subjects of his study; but he unquestionably made the best use of the opportunities which Mohammedan Spain, and especially Cordova, afforded him for the acquisition of general knowledge.

Continue Reading

THE ECCLESIASTICAL HISTORY OF THE ENGLISH NATION- Saint Bede

THE ECCLESIASTICAL HISTORY OF THE ENGLISH NATION

BOOK I

PREFACE

to the most glorious king ceolwulph, bede, the servant of christ and priest

I formerly, at your request, most readily transmitted to you the Ecclesiastical History of the English Nation, which I had newly published, for you to read, and give it your approbation; and I now send it again to be transcribed, and more fully considered at your leisure. And I cannot but commend the sincerity and zeal, with which you not only diligently give ear to hear the words of the Holy Scripture, but also industriously take care to become acquainted with the actions and sayings of former men of renown, especially of our own nation. For if history relates good things of good men, the attentive hearer is excited to imitate that which is good; or if it mentions evil things of wicked persons, nevertheless the religious and pious hearer or reader, shunning that which is hurtful and perverse, is the more earnestly excited to perform those things which he knows to be good, and worthy of God. Of which you also being deeply sensible, are desirous that the said history should be more fully made familiar to yourself, and to those over whom the Divine Authority has appointed you governor, from your great regard to their general welfare. But to the end that I may remove all occasion of doubting what I have written, both from yourself and other readers or hearers of this history, I will take care briefly to intimate from what authors I chiefly learned the same.

Continue Reading

Prema Vivarta of Jagadananda Pandit

The man without bondage

Who was Jagadananda Pandit

All the Vaishnavas felt great enthusiasm when they heard that Mahaprabhu had begun His sankirtan movement. Every night, these kirtans took place in the house of Shrivasa Pandit, and on certain occasions, in the house of Chandrashekhara Acharya. Nityananda, Gadadhara, Advaita, Shrivasa, Vidyanidhi, Murari, Hiranya, Hari Das, Ganga Das, Vanamali, Vijaya, Nandana, Jagadananda, Buddhimanta Khan, Narayan. These were some of the personalities who stayed with the Lord as He danced. Other than such intimate associates, no one was allowed entrance into the sankirtan.
(Chaitanya Bhagavat 2.8.110-113, 117)

Jagadananda Pandit was a permanent associate of the Lord at Puri: Gadadhara Pandit, Vakreshvara, Damodar, Shankara, Hari Das, Jagadananda, Bhavananda, Govinda, Kashishvara, Paramananda Puri and Svarupa Damodar, all came and made their residence in Puri. They, along with Ramananda Raya and other long-time residents of Shri Kshetra, were Mahaprabhu’s permanent companions.
(Chaitanya Charitamrita 2.1.252-4)

Continue Reading

ALL News Headlines 2020 January 19TH

Union Budget 2020 India: Finance Minister Nirmala Sitharaman may not go overboard in setting growth target for FY21 in her second budget speech. The Finance minister perhaps would set the target for nominal GDP growth to 9.5-10 per cent as she now doesn’t have the time for ‘picking optimistic target’ experiments, IANS reported citing sources as saying. On the other hand, the Prime Minister’s Office (PMO),  has asked the Finance Minister to avoid having over-ambitious tax revenue and fiscal deficit targets, according to the report.

Continue Reading

UGC NET Syllabus for Human Rights and Duties

Human Rights and Duties: Human rights are moral principles that set out certain standards of human behaviour, and are regularly protected as legal rights in national and international law. They are “commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being.” Human rights are thus conceived as universal (applicable everywhere) and egalitarian (the same for everyone). The doctrine of human rights has been highly influential within international law, global and regional institutions. Policies of states and in the activities of non-governmental organizations and have become a cornerstone of public policy around the world. The idea of human rights suggests, “if the public discourse of peacetime global society can be said to have a common moral language, it is that of human rights.” The strong claims made by the doctrine of human rights continue to provoke considerable skepticism and debates about the content, nature and justifications of human rights to this day. Indeed, the question of what is meant by a “right” is itself controversial and the subject of continued philosophical debate.

UGC NET Paper-2 Syllabus

The following part of the UGC NET syllabus were previously under UGC NET Paper-2 and Paper-3 (Part-A and Part-B) syllabus in Human Rights and Duties, however, as UGC has now only two papers i.e. UGC NET Paper-1 which is general and compulsory for all subjects and UGC NET Paper-2 on the specific subject (including all electives, without options) instead of previous three papers i.e. UGC NET Paper-1 which was general and compulsory for all subjects and UGC NET Paper-2 and Paper-3 on the specific subject, so, now-a-days, the following part is also considered as part of the UGC NET Paper-2 syllabus.

Continue Reading

Shakuntala: Kalidasa

Sakuntala of Kalidasa in English

ENGLISH TRANSLATION OF SANSKRIT SAKUNTAL

SHAKUNTALA A PLAY IN SEVEN ACTS

DRAMATIS PERSONÆ

PROLOGUE: BENEDICTION UPON THE AUDIENCE

ACT I: The Hunt
ACT II: The Secret
ACT III: The Love-making
ACT IV: Shakuntala’s Departure
Scene I
Scene II.—Early Morning
ACT V: Shakuntala’s Rejection
ACT VI: Separation from Shakuntala
Scene I.—In the street before the Palace
Scene II.—In the Palace Gardens
ACT VII

Continue Reading

Sahitya Darpan: Viswanath Kaviraja

विश्वनाथ कविराज साहित्यदर्पण

प्रथमः परिच्छेदः

ग्रन्थारम्भे निर्विन्घेन प्रारिप्सितपरिसमाप्तिकामो वाङ्भयाधिकृततया वाग्देवतायाः सांमुख्यमाधत्ते

शरदिन्दुसुन्दररुचिश्चेतसि सा मे गिरं देवी ।
अपहृत्य तमः संततमर्थानखिलान्प्रकाशयतु ॥11 ॥

अस्य ग्रन्थस्य काव्याङ्गतया काव्यफलैरेव फलवत्त्वमिति काव्यफलान्याह

चतुर्वर्गफलप्राप्तिः सुखादल्पधियामपि ।
काव्यादेव यतस्तेन तत्स्वरूपं निरूप्यते ॥12 ॥

चतुर्वर्गफलप्राप्तिहि कोव्यतो “रामादिवत्प्रवतितव्यं न रावणादिवत्” इत्यादिः कृत्याकृत्यप्रवृत्तिनिवृत्त्युपदेशद्वारेण सुप्रतीतैव ।
उक्तं च (भामहेन)
“धर्मार्थकाममोक्षेषु वैचक्षण्यं कलासु च ।
करोति कीर्तिं प्रीतिं च साधुकाव्यनिषेवणम्” ॥
इति ।

Continue Reading