Social engineering by the Roscoe Pound || Sociological School ||

Roscoe Pound was one of the greatest leaders of the sociological school of jurisprudence. He introduced the doctrine of “social engineering” which aims to build an efficient structure of society resulting in the satisfaction of maximum wants with the minimum of friction and waste. This involved a rebalancing of competing interests.

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Caveat under CPC || Sec. 148-A ||

To avoiding ex-parte orders or judgments in civil proceedings the CPC has provided right to a person, called a caveat. Caveat Petition is explained under section 148-A of the civil procedure code, 1908.  Caveat petition is defined as a precautionary measure taken by a person, one who has a great fear or nervousness, that some of the other cases against him or her are going to be filed in the court of law relating to any manner.

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Prof. H.L.A. Hart’s Concept of Law ||Concept of law by Prof. Hart || Jurisprudence ||

H.L.A. Hart went on to modify the theory of Austin and Kelsen. He defined the legal system as such in his book “The Concept of Law”.

“Legal system is a system of rules which are social in nature because firstly they regulate the conduct of a member of society and secondly, they drive from human social practices”.

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Realist School of Law || American Realism || Jurisprudence ||

The thesis of realists is based on the notion: “Law is what the psychology of courts determines – the aggregate of the item of judicial and official actions”. “Law is what the judges decide.” They emphasize the element of uncertainty in law and part played by the personal characteristics of the judge.

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