Sources of Law - Precedent
Guided by – Prof. Eqbal Husain | Husain | Submitted by- Mohd.bid Hussain nsari
3rd Semester
LEGAL METHO DS
S OURCES OF OURCES OF L L A AW W - P RECEDENT
Sources of Law - Precedent
It is my imperative duty to thank the following people for the successful completion of my Legal Methods project, - Professor Eqbal Husain for the clarity he brings into teaching thus enabling us to have a better understanding of his subject. I also feel obliged to thank him for providing us with such easy topics to choose from. - Tushar Gupta & Syed Nusrat Geelani , My resourceful classmates, who I ran into in the library, thus un-expectedly starting and successfully completing a rough handwritten draft of this project within the next ten hours. hough it is possible for our language to seem similar, it has to be noted that given some of our group member!s insistence on not depending on one single book led to all of us giving in e"ual contribution to the completion of this project.
- he very cooperative and friendly staff members in the #entral and Law Library who were instrumental in our finding the necessary books without wasting much time. It has to be noted that their contribution is essential as our $niversity is yet to get a fully functional centrali%ed database for its libraries .
Table of Contents 1. Jurisprudence – efinition and e!planation"""""""""""...# $. The Sources of la%"""""""""""""""""""""". !| Page
Sources of Law - Precedent '. (ie%s of )nalytical School of la%"""""""""""""""" #. (ie%s of Historical School of la%"""""""""""""""".* +. Gray,s -ie%"""""""""""".................................................... . Precedent as Source of la%"""""""""""""""""".../ *. 0eanin of Precedent"""""""""""""""""""".12 . 3eason for reception for Precedent""""""""""""""...12 /. Position of Precedent in Enland"""""""""""""""...11 12. Position of Precedent in 4ndia""""""""""""""""...1$ 11.Hierarchy of 5ourts in 4ndia"""""""""""""""""..1' 1$.3atio decidendi and orbiter dicta"""""""""""""""..1+ 1'.0ethods to find ratio""""""""""""""""""""...1 1#.6biter dicta""""""""""""""""""""""""..1* 1+.)d-antaes of 5ase 7a%.............................................................................1/ 1.8iblioraphy""""""""""""""""""""""""$2
Jurisprudence – efinitions and E!planations.
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Sources of Law - Precedent The word Jurisprudence is derived from a Latin word ‘ &urisprudentia’ which means knowledge of law. In the Latin language ‘ jure’ or ‘ juris’ means law and ‘ prudentia’ means “skill’ or ‘knowledge’ 1. Jurisprudence then signifies a practical ‘knowledge of law and its application’ 2. It is a science which ascertains the fundamental principles of which the law is the expression. urist of different ages have tried to give a definition of the term “ &urisprudence!. "ut no definition can #e said to #e correct in its a#solute sense. Austin3 defines ‘ jurisprudence’ as ‘'cience of law which deals with analysis of the concept or its underlying principles! .
$s per Salmnd %& 'urisprudence can #e defined in two senses 1. In the ‘(eneric sense’ 'urisprudence can #e defined as ‘)cience of *ivil Law’ 2. In the ‘)pecific sense’ 'urisprudence can #e defined as the science of the first principle of civil law. $ccording to E!W! Pattersn"9 defines ‘ &urisprudence’ it means a #od+ of ordered knowledge% which deals with a particular species of law. $ccording to Julius Stne# $ 'urisprudence means ‘Law+ers extroversion. It is the law+ers’ examination of the precepts% ideals and techni,ues of the law in the light derived from present knowledge in disciplines other than the law’. # $hen we s%ea& of a %erson as a 'urist( what we im%ly in his &nowled)e which is of a s%ecial &ind that it is com%rehensi*e and such as to enable him to formulate )eneral truths+ or in other words the &nowled)e is scienti,c. his means that the 'uris%rudence is in )eneral the same as that of all science+ a com%lete )ras%( a systematic %enetration of its sub'ect-matter+ the %ower of followin) the most )eneral %ro%ositions into their minutest rami,cation and in*ersely of ascendin) from the most concrete care( throu)h all intermediate sta)es of thou)ht to the %rinci%le which )o*erns it Moyle, Introduction to the Institute of Justinions. P. 61. ! .E. Holland( /he Elements of 0uris%rudence1 2#" th Ed.3( %%. 4( 5. " /he Pro*ince of 0uris%rudence 6etermined1 7 Salmond( 0uris%rudence 2#8th Ed.3 %. # 9 E.$. Patterson( 0uris%rudence 2# st Ed.3 %.# 4 0ulius Stone( :he %ro*ince and ;unctions of Law< %. !9 7| Page
Sources of Law - Precedent
It is the name given to a t+pe of investigation into law% an investigation of an a#stract% general and theoretical nature% which seeks to la+ the essential principles of law and legal s+stem. It% as philosoph+ of law attempts to correlate with )ocial values and provides practical solutions #+ wa+ of fusion of facts% 'ustice and value. The people of this world have formed certain ideas and conceptions a#out the nature if 'ustice and law. It involves the stud+ of general theoretical ,uestions a#out the nature of law and legal s+stems% a#out the relationship of law to 'ustice% moralit+ and a#out the social nature of law. It% as a science of law is primaril+ concerned with regulation of human conduct in accordance with the set values% needs and goals of each societ+. $s the values% needs and goals are of a changing character% the nature of jurisprudence also keeps on changing to cater to the need of a particular societ+. Jurisprudence is the most important and the most useful of legal studies as it deals with the fundamental principles on which rests the superstructure of law. It is ver+ helpful as it provides an opportunit+ to #ring the theor+ and life into focus and how to think rather than 'ust to know. It furnishes such materials which ultimatel+ help in cultivating one’s own ideas in relation to a particular theor+. Jurisprudence is a su#'ect whose knowledge is the #asis and the foundation of the whole legal studies and that is wh+ it has considera#le importance for the law students% law teachers% practicing law+ers and even the 'udges. It is not mere knowledge of law- it is something more than that.
The Sources of 7a% 9| Page
Sources of Law - Precedent Like man+ other terms used in 'urisprudence% the word ‘ surce’ has #een given more than one meaning. The expression ‘ surce % la&’ ma+ mean the origin from which rules of human conduct came into existence and derived legal force or #inding character. )ince the origin% growth and #asis of law has #een different in different stages of social development% different 'urists have pointed out different sources as more authoritative. $ccording to some 'urists% a source of law is the societ+ itself while for others will of the sovereign is considered to #e the exclusive source of law. The expression ‘ source of law’ is capa#le of three meaning/ 1. It ma+ mean the formal source that which confers #inding authorit+ as a rule and converts the rule into law. The state% therefore% is the formal sources of law and for ever+ law this t+pe of source is the same% the will of the state. 0o rule can have authorit+ as law unless it has received the express or tacit acceptance of the state. 2. The expression ‘source of law’ ma+ mean the place% where% if a person wants to get information a#out the law% he goes to look for it. In this sense the term ‘ source’ means the literary source i.e. that from which actual knowledge of the law ma+ #e gained% e.g.% statutes% reports of decided cases and texts #ooks. . The expressions ‘ sources of law’ ma+ mean that which supplies the matter on the content of the law% statute% precedents or 'udge made law% all come under this categor+. These are all material sources. (ie%s of )nalytical School of 7a%:
1. Immediate author or (irect / $ustin gives three meanings of the term ‘sources of law’ the immediate author of the law is the person or #od+ of persons #+ whom the rules was originall+ formulated giving it the force of law. )uch immediate sources can #e / 3a4 Legislature or 'udiciar+% 3#4 $ political su#ordinate acting either as a legislature or 'udiciar+% 3c4 The persons whose conduct forms a custom% 3d4 The person who #+ contract su#mits themselves to a rule of conduct towards each other. $ustin o#served that either directl+ or remotel+ the sovereign or supreme legislature is the immediatel+ and directl+ laws have different authors. 5 Thus% the supreme legislature is the author or sources of the laws which it enacts. 5 Literal meanin) of the term /source1 is /risin) from the )round1 the ori)in or /the s%rin)1. = ustin( 0uris%rudence >ol. ??( %. 98@ at %. 9#8 4| Page
Sources of Law - Precedent 2. )istorical documents. $ccording to $ustin the second meanings of the sources of law are the earliest or original existing documents from which the #od+ of the law ma+ #e known or con'ectured e.g.% the digest and code of ustinian in 6ome% the writing of "racton% *oke and Littleton are regarded as authoritative in their sense as the+ were manifestation of 7anu’s code and commentaries of 8a'navalk+a% 9i'naeshwar etc. are examples of this kind of source. . #auses. : The third meaning of the term ‘source’ denotes the causes which have #rought into existence rules which have su#se,uentl+ ac,uired that force e.g.% custom% legislation% rights% 'udicial decision% religious and scientific discussion etc. )tarting with his #asic formulation of the definition of law as the command of the sovereign $ustin puts sole reliance on one point vi%., sovereign is the onl+ source of law. $ccording to him legislation is the most appropriate% #ecause it is the most direct expression of the sovereign’s will. To this% *.;. $llen opines% that no#od+ ever supposed that law consisted solel+ of legislation. < The most extreme $ustinian dogma could not a#olish the distinction #etween ius and lex. (ie%s of Historical School of 7a%
$s against the views expressed #+ the 'urists #elonging to the $nal+tical )chool% the urists of =istorical )chool take an entirel+ different position. Thus% )avign+% the founder of =istorical )chool sa+s that law is found% it is not made. 1> It is the spontaneous evolution of the natural spirit having its #asis in the social pressure #ehind it. The foundation of law has its existence- it’s reall+ in the common consciousness of the people 39olkgiest4. This common consciousness is manifested in the practice% usages and customs of the people. Therefore% custom is the source of law. To him source of law meant the material from which law derives not its validit+ #ut its content. Thus% he disagrees with $ustin’s and $nal+tical )chool’s view that the sovereign or the supreme legislature is the sole source of law. Gray,s -ie%
ohn *hipman (ra+% an $merican 'urist% drew a sharp distinction #etween what he called ‘the law’ on the one hand and ‘the source of law’ on the other hand. 11 To him the law consists of the rules authoritativel+ laid down #+ the courts in their decisions% while he looked for its sources to certain
@ A.B. llen( Law in the ma&in) 25th Ed.3 %. !. #8 Maine and Puchta a)reed with this *iew. ## Gray( he Cature and sources of law 2!nd Ed.( Cew Dor&( #@!#3 %%. #!"-#!9 5| Page
Sources of Law - Precedent legal and nonlegal materials upon 'udges customaril+ fall #ack in fashioning the rules which make up the law. ?ive such sources listed #+ him are listed #elow/ i. ii. iii. iv. v.
$cts of legislative organs% udicial precedents% @pinions of experts% *ustoms% Arinciples of moralit+ including axioms of pu#lic polic+.
It ma+ #e concluded that the onl+ recogniBed legal sources of law at present are i. ii. iii.
*ustom% Arecedent% and Legislation.
To these ma+ #e added one more vi%., ‘$greement which are valid under the law and which give rise to conventional law’. It cannot% however% #e defined that the a#ove authentic sources of law ma+ draw their content and matter from diverse channels% ma+ it #e religion% moralit+% e,uit+% professional opinion% views of text writers% foreign law% foreign 'udgments% etc.
P3E5EENT )S ) S6;35E 6< 7)= Judicial precedent is an independent source of law and is as important as custom and legislation. In fact% this doctrine of judicial precedent is a uni,ue feature of Cnglish law as also of the *ommon Law *ountries. In Cngland udge pla+ed a significant role in developing the Cnglish Law. During the middle ages when the Aarliament had not assumed the status of a sovereign law making #od+% it was left to the 'udges to define the law and la+ down legal principles. Thus% ad'udication in Cngland made a great contri#ution towards the formulation and development of Cnglish law. It is said that Cnglish law is mostl+ a 'udgemade law. This principle of law which was so common in Cngland is not known in countries like E.).$% India% $ustralia% and *anada and in man+ other *ommon Law countries where the doctrine of legal precedent has #een followed. In the continental countries likes ?rance% (erman+% and Ital+% however% the s+stem is different% there the 'udge look to legislation or will of the legislature for interpretation of law and are not #ound to follow a previous decision of a higher court.
It is true from Cngland this doctrine of precedent of laws travelled to countries which have derived their legalit+ stems from Cngland. This does not mean however that the doctrine was not entirel+ foreign to 6oman law. $t 6ome although at the time of ustinian% 'udicial precedents and other =| Page
Sources of Law - Precedent analogous t+pes of law were regarded as possessing onl+ persuasive authorit+. It is a#undantl+ clear from the histor+ of 6oman law that during earlier periods the+ were regarded as having #inding authorit+. That the 6omans were familiar with the idea is shown #+ the num#er of statutes and *onstitutions either enacting that the+ should #e followed in su#se,uent cases or to the contrar+. *icero enumerates res judicata as source of law and the Cmperor )eptinus )everus sa+s that the authorit+ of an uninterrupted series of similar decided cases should have the force of a statute. ustinian% it is true% esta#lished #+ the *onstitution the contrar+ principle that the+ were to have onl+ persuasive authorit+ #ut these earlier statutes and even the constitution of ustinian himself makes it clear that the notion of precedent having the force of law was similar to the powers.
0eanin $ precedent means a previous instance or case which is or ma+ #e taken as an example or rule for su#se,uent cases. In common parlance it means something said or done that ma+ serve to authoriBe or 'ustif + further acts of the same or similar kind. $ccording to ;eeton% 'udicial precedent is a 'udicial decision to which authorit+ has% in some measure% #een attached. 12 In the words (ra+% ‘a precedent covers ever+thing said or done which furnished a rule for su#se,uent practice.’ 1 $ccording to enks% a 'udicial precedent% in a decision #+ a competent court of 'ustice upon a disputed point of law% #ecomes not merel+ a guide #ut an authorit+ to #e followed #+ all courts of inferior 'urisdiction administering the same s+stem until it has #een overruled #+ superior court of 'ustice or #+ a statute e.g.% the $ct of Aarliament. 1& In short% we can sa+ precedent means the guidance or authorit+ of past decisions for future cases.
3easons for the 3eception of Precedent The 'ustification of the #inding rule of 'udicial precedent is #ased on several reasons. These are : 1. These are #ased on practical experience rather than on logic only. *The udge! sa+s $llen% “is the interpreter of social mind and he can easil+ adapt the law to the changing wants of those amongst whom the law is administered!. #! Beeton( op. cit., %. @4. #" Gray( op. cit., %. #@=. #7 0en&s op. cit., %. 58. @| Page
Sources of Law - Precedent 2. It is #ased on convenience in the sense that it provides settled law and thus saved the la#our of 'udges. . It prevents error of 'udgments #+ individual 'udges. &. It also prevents partialit+ on the part of the 'udges. F. It helps the law+ers to take a cautious view of the development of law on the #asis of past experience.
Position of Precedent in Enland The doctrine of 'udicial precedent is firml+ settled in Cngland. The #inding character however exists in cases of the inferior courts which are #ound #+ the decisions of the superior courts. $ superior court is never #ound #+ the decisions of the lower courts. $gain% one court of similar 'urisdiction is not #ound #+ the decision of the courts of coordinate 'urisdiction. The hierarch+ of court in Cngland is as follows/
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Sources of Law - Precedent
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Position of Precedent in 4ndia Ender the =indu law the doctrine of precedent was recogniBed #+ =indu lawgiver. 7anu% the renowned lawgiver of =indus% advocated the theor+ of precedent in order to settle dou#tful points of law. =e said “if it #e asked how it should #e with respect to 3points of4 of the law which have not #een 3speciall+4 mentioned% 3the answer is4% that which "rahmans 3who are4 )ishtas propound shall dou#tlessl+ have legal 3force4! 1F. It was during the "ritish rule in India that the doctrine #ecame ver+ important. In 151% 7r. Dorin suggested that statutor+ force to #e given this theor+. =e said% “I think it should #e enacted #+ a regulation% that from a given period% the 'udgments of the court shall #9 Manu Ah. ??( *erse( #8= ## | P a g e
Sources of Law - Precedent #e considered as precedents #inding upon it and on the inferior courts in similar cases which ma+ arise thereafter!.1 8anavalk+a has also mentioned precedent as one of the sources of laws. 1 $gain% in the 7aha#harata 15% it has #een suggested that since texts conflicts with each other and the purport of law is difficult to arrive at% the path adopted or shown #+ the great men should #e followed. =owever% it can #e pointed out here that in ancient =indu law the term ‘precedent’ is not used in the modern sense of a direction coming from a court. In the 1< th centur+ #ecause of the popularit+ of the pu#lication of reports of decided cases and digests the doctrine of precedent ac,uired a more significant place. It was% however. In the 2> th centur+ that the doctrine of precedent got statutor+ recognition. )ection 212 of the (overnment of India $ct% 1<F made the law : “The law declared #+ the ?ederal *ourt and #+ an+ 'udgment of the Ariv+ *ouncil shall% so far as applica#le% #e recogniBed as #inding on% and shall #e followed #+% all courts in "ritish India% and% an+ order in *ouncil there under or an+ matter with respect of this $ct or the ?ederal Legislature% has power to make laws in relation to the state% in an+ ?ederated )tates!.
.
'ierarc() % Curts in *ndia is as %ll&s+-
$rticle 1&1 of the
#4 Selection from the records of the East ?ndia house( >ol. ##( at !8( ado%ted from Morely( dministration of 0ustice in ?ndia. #5 Da'na*al&ya( Ah. ?( *erse 5. #= he Mahabharata( >ana%ra*a Ah. "#"( *erse ##5. #! | P a g e
Sources of Law - Precedent
*onstitution of India provides that ‘the law declared #+ the )upreme *ourt shall #e #inding on all courts within the territor+ of India’. In $rticle 1&1 the expression ‘all courts’ has #een used. 0ow the ,uestion comes whether all courts include )upreme *ourt also.’ That is to sa+ whether )upreme *ourt is #ound #+ its own decision or not. In 1
3atio decidendi and orbiter dicta Literal meaning of the term +ratio decidendi! is +reason of decision! . @ther meanings are also given to this term% e.g.% the rule of law which is preferred #+ the 'udge as the actual #asis of his decision% or the rule of law which permits others to interpret the 'udgment as #eing of #inding authorit+. $ccording to ;eeton ratio decidendi of a #@ ?F #@97 SA ##@. #" | P a g e
Sources of Law - Precedent
decision is the principle of law formulated #+ the 'udge for the purpose of deciding the pro#lems #efore him. $ 'udicial decision has a #inding force for su#se,uent cases #ut the whole 'udgment is not #inding onl+ a part of the 'udgment is #inding. @nl+ that part of the 'udgment in an earlier decision is #inding which constitutes the ratio decidendi of that case. )tatements which are not partaking of the character of ratio decidendi can #e ignored while deciding the latter case. Cminent urists like (oodhard% Llewellen% Aaton and )awer. $ccording to (oodhard% ratio decidendi is to #e found #+ taking into consideration all the facts treated as materials #+ the 'udge who decided the case. ?or him what is #inding is the conclusion reached #+ the 'udge on the #asis of% materials facts. $ccording to )almond a precedent is a 'udicial decision which contains in itself a principle. The underl+ing principle which thus forms its authoritative element is often termed the ratio decidendi. The view of )almond is ,uite correct in the sense that the 'udge will hold that the ratio decidendi of a case to #e found in the general principle governing an earlier decision as long as the formulation of this principle was necessar+ to the decisions of the actual issue #etween the litigants. =e further adds that the principle of the case must #e rationall+ laid down- it should not #e #oarder than necessar+.
0ethods to find ratio
The discover+ of the ratio of a case ma+ #e a matter of great difficult+ #ecause a case ma+ have #een decided on its own facts% or the particular terms of its pleadings or on the #asis of some admission or concession% and ma+ +ield no ratio or general principle at all. @r the later court ma+ find itself una#le to discover the #asis on which the previous court decided the precedent case- this greatl+ weakens the value of the case as a precedent. The 'udgment in a precedent must% moreover% #e read secundum subjection materiem- it is a 'udgment in relation to the facts of a particular case and the 'udge ma+ not #e l+ing #7 | P a g e
Sources of Law - Precedent
down a rule for an+ case other than the one #efore him and precisel+ similar cases. If he does la+ down a rule for kinds of cases other than that #efore him% the validit+ of the propositions for other cases must #e considered if and when those other cases arise% when the rule ma+ #e regarded as too widel+ and generall+ stated. )ome of the methods are listed #elow/ i.
Classical r a0stractin met(d! The ascertainment of the ratio decidendi of a case depends upon a process of a#straction from the totalit+ of facts that occurred in it. The higher the a#straction% the wider the ratio decidendi. ii. Re1ersal test! $ccording to Arof. Jam#augh% he suggest that we should take the proposition of law put forward #+ the 'udge% reverse or negate it and see if its reversal would alter the actual decision also. If +es% the proposition is the ratio part of it% otherwise not. This test% however% will not help in cases where no proposition is given or when a court gives several reasons for its decision. iii. 2aterial %acts t(er)! - atio decidendi is nothing more than the decision #ased on the material facts of the case. If in a later case material facts coincide with or are identical with those of the earlier one% then earlier case is a precedent in point. The theor+ is% however% too simple. Different ratios can #e derived from a decision #+ taking different com#ination of material facts- there ma+ accordingl+ #e su#se,uent dou#t and dispute as to what the ratio of a particular decision is. iv. $ case ma+ have not one #ut several ratio decidendi.
6biter dicta The term obiter dicta literall+ mean statements #+ the wa+. In =als#ur+ Laws of Cngland2> it has #een defined as )tatements which are not necessar+ to the decision% which go #e+ond the occasion and la+ down a rule that is unnecessar+ for the purpose in hand 3usuall+ termed dicta4 leave no #inding authorit+ on another court% though the+ ma+ have some merel+ persuasive efficac+. $ccording to Tal#ot% .% 21 an obiter dictum is an opinion on some point which is not necessar+ for the decision of the case. The !8 >ol. ?( at %. !9#. !# E%ressed in the case of Dew *. United British Steamship o. !td., "1#$%& 1'# !( 6$% #9 | P a g e
Sources of Law - Precedent
emphasis is not onl+ on the opinion #ut also on the point. It is not merel+ an expression of opinion unconnected with the cases for determination. $ccording to ;eeton obiter dictum are o#servations made #+ the 'udge #ut which are not essential for the decision reached. In Jai&ant Ra and t(er v. State % Raast(an%22 The court o#served dicta which do not form the integral part of the chain of reasoning directed to the ,uestions decided ma+ #e regarded as +obiter!.
In Cngland an obiter dicta has no #inding effect either upon a coordinate court or upon a su#ordinate court. $n obiter dicta of the =ouse of Lords would undou#tedl+ #e entitled to the highest respect. "ut a 'udge in Cngland would not feel that he would #e #ound #+ an opinion expressed #+ the higher tri#unal. In India% a departure has #een made of the principle operating in Cngland with regard to obiter dicta. The =igh courts have held almost uniforml+ that the+ are #ound #+ the obiter dictum of the )upreme *ourt of India. In 2(andas v. Sattanat(an43 Their Lordship o#served that the )upreme *ourt is the highest 'udicial tri#unal in India and it is as much necessar+ in the interest of 'udicial uniformit+ and 'udicial discipline that all the =igh *ourts must accepts as #inding the obiter dicta of the )upreme *ourt in the same spirit as the =igh *ourt’s accepted the obiter dicta of the Ariv+ *ouncil’. "ut if the obiter dicta is on a ,uestion that did not arise for determining #+ the )upreme *ourt and is a mere expression of opinion given #+ the wa+ then it is not #inding. In Nuruddin A(med v. State % Assam45 !! ?F #@4# Fa' !98. !" 94 om LF ##48. !7 ?F #@94 ssam 7=. #4 | P a g e
Sources of Law - Precedent
It was laid down that ‘The o#servations of their Lordships of the )upreme *ourt if the+ were made obiter would #e entitled to the highest esteem from the =igh *ourt. This would #e more so when the =igh *ourt finds itself in respectful agreement with the view which prevailed with their Lordship.’
In As(, Le)land Case4" It was held that ‘The biter dicta of a 'udge of the )upreme *ourt even in a dissenting 'udgment are entitled to high respect% especiall+ if there is no direct decision to conclude the ,uestion of at issue’. )d-antaes of 5ase la%
The principle advantages of caselaw are listed #elow/ i.
*aselaw is the outcome of practical needs considered #+ men of the highest practical experience and therefore it is sure to #e in harmon+ with the needs of societ+. In other words% the law that a 'udge makes is #ound to #e in conformit+ with pu#lic opinion #ecause the 'udge himself is a mem#er of societ+ for which he la+s down the law. ii. In *aselaw it is the ratio that matters and udge can take his own time to explain full+ the principle he la+s down. iii. $ udge in formulating a rule of law is tr+ing to solve an actual concrete pro#lem. =ence% the law that the 'udge makes is #ound to #e more satisf+ing and complete than the law made #+ the legislature. iv. *aselaw is #ound to #e of fine workmanship as it formulated #+ people who have a special training in law.
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8iblioraphy 1. Jurisprudence by Sal>ond $. T.E. Holland, ‘The Elements of Jurisprudence !"3th Ed.# '. Salmond, Jurisprudence !"$th Ed.# #. E.%. Patterson, Jurisprudence !"st Ed.# +. Julius Stone9 ?The pro-ince and aBin C* th Ed.D . Gray9 The Nature and sources of la% C$ nd Ed.9 Ne% orB9 1/$1D
3eferences fro> the 4nternet ". %%%.oole.co> &. '''.la'.cornell.edu('e)(*urisprudence 3. '''.merriam+'ebster.com(dictionar(*urisprudence -. '''.*asononline.com(la'(*uris.htm . '''.indian/anoon.com 0. '''.1a/ilno.".com 2. '''.scconline.com.
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