Advertisement

Do you know how many types of court in india?

Do you know how many types of court in india? The idea of a rule, without which we cannot hope to elucidate even the most elementary forms

of law. It is true that the idea of a rule is by no means a simple one: we have already seen if we are to do justice to the complexity of a legal system, to

discriminate between two different though related types. Under rules of the one type, which

may well be considered the basic or primary type, human beings are required to do or abstain

from certain actions, whether they wish to or not. Rules of the other type are in a sense

parasitic upon or secondary to the first; for they provide that human beings may be doing or

saying certain things introduce new rules of the primary type, extinguish or modify old ones,

or in various ways determine their incidence or control their operations. Rules of the first type

impose duties; rules of the second type confer powers, public or private. Rules of the first type

concern actions involving physical movement or changes; rules of the second type provide for

operations which lead not merely to physical movement or change, but to the creation or

variation of duties or obligations.

We have already given some preliminary analysis of what is involved in the assertion that

rules of these two types exist among a given social group, and in this chapter we shall not

only carry this analysis a little farther but we shall make the general claim that in the

combination of these two types of rule there lies what Austin wrongly claimed to have found

in the notion of coercive orders, namely, ‘the key to the science of jurisprudence.’ We shall

not indeed claim that wherever the word ‘law’ is ‘properly’ used this combination of primary

and secondary rules is to be found;

india?

Post a Comment

0 Comments