English Jurisprudence

Exam Series
ENGLISH
JURISPRUDENCE
[Short Notes for Exams]
BRILLIANT LAW COLLEGE

ENGLISH JURISPRUDENCE 1
JURISPRUDENCE
1) INTRODUCTION:
Jurisprudence is the study of law. It is a formal mechanism of social control and it protects
individuals from harm of others.
2) MEANING:
“Jurisprudence” is derived from Latin word “Jurisprudentia” which means “Knowledge of

Law”.
3) DEFINITION:
According to Salmond, “Jurisprudence is science of Law”
According to Austin, “Jurisprudence is the philosophy of positive Law”
4) NATURE:
Jurisprudence is dynamic in nature and changes according to the demands of different

time.
5) CONTENTS:
Discussed below are three main contents of jurisprudence:
i. SOURCES: Sources of jurisprudence are found in basic features of legal systems i.e.
authoritative sources, customs, legislation, natural laws and precedents (judge-
made-laws)
ii. LEGAL CONCEPTS: Jurisprudence includes the analysis of legal concepts such as:
rights, duties, property, ownership, possession.
iii. LEGAL THEORY: Legal theory is concerned with law, its functions, creation,
enforcement (‫ )الگوکرنا‬and influence (‫ )اثر و رسوخ‬on society.
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6) KINDS OF JURISPRUDENCE:
There are three main kinds of jurisprudence. These are discussed below:
i. ANALYTICAL JURISPRUDENCE: It tells about the meanings, concepts, modes of

operation and logical structure of law. It also analysis the basic principles of existing
civil law and its sources.
ii. HISTORICAL JURISPRUDENCE: According to this kind, law is not made by a state but
it is only implemented because the law already existed in the world. It deals with study
of development of legal concepts in early society.
iii. ETHICAL JURISPRUDENCE: It deals with ethical (‫ )اخالقی‬importance of law and
considers the ethics as adequate (‫ )مناسب‬basis for law making. It also aims to the
achievement of best justice.
7) SCOPE OF JURISPRUDENCE:
In present world, the scope of jurisprudence is very wide. It includes political, social
economic and cultural ideas. It also studies the relation of man with state/country and
society.
8) IMPORTANCE OF JURISPRUDENCE:
Discussed below are some points that shows the importance of jurisprudence:
i. GRAMMAR OF LAW: Jurisprudence is grammar of law and it tells us what is right and
what is wrong.
ii. EYE OF LAW: Jurisprudence provides with the proper administration of justice.
iii. LEGISLATION: Jurisprudence provides basis for law-making process.
iv. MEANING OF LAW: Jurisprudence helps lawyers and judges to understand the real
meaning of law.
v. ACCURACY: Jurisprudence makes the law accurate and error-free.
9) CONCLUSION:
While studying law, understanding and applying the concepts of jurisprudence is very
important. It plays the role of back-bone in establishing fundamentals of law and properly
understanding the actual meanings of law.
IMPERATIVE THEORY OF LAW
1) INTRODUCTION:
This theory was presented by John Austin who is also known as “Father of Imperative
Theory of Law”. In this theory, he has taken the initiative to define law in the form of
formal definition.
2) DIFFERENT NAMES:
This theory is also known with different names, so it is necessary to know these names:
i. Positivist Theory
ii. Austanian Theory
iii. Gun-Man Theory
iv. Legal Theory
v. Positivist Theory
vi. Law as command of sovereign
3) BOOK ON THEORY:
The first book on this theory named “The Province of Jurisprudence” was published in
1832.
4) THEORY:
“Law is a command of sovereign backed by a sanction”
5) EXAMPLE:
“Road Traffic Act, 1960”
6) INGREDIENTS OF THEORY:
Discussed below are main features of this theory:
i. COMMAND: It is an expression of desire of a superior about an act of inferior and

is backed by a punishment.
ii. SOVEREIGN: It is a person or body with supreme authority. Sovereign bodies are
different in every country. E.g. Parliament is sovereign in UK while in USA, congress
is sovereign.
iii. SANCTION: It means punishment that may be physical, mental or financial.
7) MERITS:
Merits are discussed below:
i. SIMPLE: This theory is very simple to understand because it clearly tells the desire
of the sovereign.
ii. EASILY APPLICABLE: This theory is easily applicable in all countries of the world
even if concept of sovereignty is different in every country.
iii. MODERN SOCIETY: Although, this theory was presented in past but it is still
applicable in modern society of current time.
iv. ELEMENT OF TRUTH: This theory has a very important element of civil law i.e.
truth because it is necessary for right of physical force.
8) DEMERITS:
Demerits are discussed below:
i. ONE-SIDED THEORY: This theory only recognizes the formal source of law and
omits ethical and material sources of law.
ii. INCOMPLETE: This theory is incomplete because it only talks about duties and
does not consider rights and liberties (‫)آزادی‬.
iii. AUTHORITY: This theory talks about political authority and ignores other
authorities such as legal authority.
iv. GUNMAN THEORY: This theory supports the concept of “might is right” because it
does not creates a difference between the command of a legal authority and
command of a bank robber.
9) CONCLUSION:
After discussing the merits and demerits of this theory, we can conclude that this theory
is not perfect but it is very close to reality and this theory is a great work of John Austin as
it provides a basic guideline for further results.
CIVIL LAW & ITS KINDS
1) INTRODUCTION:
The word “Law” has been derived from German word “Lag” which means “fixed or
evenly”. Certain rules and regulations are made to direct and modify human behavior,
these rules are converted in written form for reference in future.
2) DEFINITION:
“Area of law that deals with disputes, between individuals, other than of criminal nature”.
3) MEANING:
Law means systematic application of a force by an authority to modify (‫ )تبدیل کرنا‬humans.
4) KINDS OF CIVIL LAW:
There are two main kinds of civil law. These are:
i. General Law
ii. Special Law
5) GENERAL LAW:
It means ordinary law of land i.e. a law generally applicable in a country. There are three
kinds of general law, these are:
i. STATUTE: It is the enacted (‫ )الگو شدہ‬law made by the parliament. E.g. PPC
ii. EQUITY: It refers to a particular set of remedies (‫رسی‬ ‫)داد‬ based on principles of
natural justice.
iii. COMMON LAW: Also known as judge-made law because it is derived from judicial
decisions of courts.
6) SPECIAL LAW:
It is the law which is that is applied to a particular subject.
Following are different kinds of special law:
i. LOCAL LAW: It is applied to a particular part of state. It may be local customary law
i.e. derived from local customs OR it may be local enacted law i.e. enacted locally.
ii. FOREIGN LAW: It deals with rights and liabilities between the parties of different
countries.
iii. CONVENTIONAL LAW: It is a system of rules agreed on by the persons of specific
community. E.g. rules of a golf club
iv. AUTONOMIC LAW: It is made by private persons authorized by the government to
run their personal administration. E.g. Rules of a University
v. MARTIAL LAW: It is made by military for its own administration. It may be martial-
administrative law i.e. for internal discipline of military, martial-territorial law i.e.
for military operations in foreign territories (‫ )حدود‬in times of war OR martial-
derogative law i.e. used to govern (‫ )باگ دوڑ سنبھالنا‬the country in emergency.
7) CONCLUSION:
Law is an important pillar in the administration of justice, and civil law is the mother of all
laws.
ADMINISTRATION OF JUSTICE
1) INTRODUCTION:
Administration of justice is the maintenance of right within a political community by

means of physical force of state (‫) ُملک‬.
2) MEANING:
It means “Fair and Proper management of law”.
3) DEFINITION:
“Protection of individual from the unjust and unlawful deeds of others”.
4) ORIGIN:
The origin of administration of justice is identical with origin of mankind. As humans

became more and more civilized, administration of justice also developed gradually ( ‫رفتہ‬
‫)رفتہ‬.
5) STAGES OF GROWTH:
There are three main stages of growth of administration of justice. These are:
i. PRIMITIVE STAGE: It is the first stage and is also called ‘stage of self-help’ because
there was concept of private system of punishment and revenge (‫)بدلہ‬.
ii. TRANSITIONAL STAGE: In this stage, political systems and social forces started to
emerge. Fights started to be settled by the elder men of position in society. But
violence and self-help still prevailed (‫)موجود ہونا‬.
iii. FINAL STAGE: This is also called modern stage, people became more civilized and
state became more powerful, proper departments started to establish for justice
and self-help was uprooted (‫)جڑ سے ختم کرنا‬.
6) IMPORTANCE:
Administration of justice is important due to the following reasons:
i. Uniformity (‫)یکسانیت‬
ii. Protection of Rights
iii. Peace
iv. Stability
v. Avoidance of Anarchy (‫)انتشار سے بچنا‬
vi. Avoidance of Lawlessness (‫)القانونیت سے بچنا‬
vii. Promote Justice
viii. Educate People
7) KINDS OF JUSTICE:
Discussed below are some important kinds of justice:
i. MORAL JUSTICE: It is also called natural justice and is based on maxims (‫ )اقوال‬of
morality.
ii. LEGAL JUSTICE: According to this kind of justice, the law declares what is right and
what is wrong and also the law decides and declares punishments.
iii. PRIVATE JUSTICE: It consists of all those rules that parties decide between them.
iv. PUBLIC JUSTICE: It consists all rules and regulations about the relations between
courts and individual.
v. CIVIL JUSTICE: It consists enforcement of such rights that violation of which leads
to a civil action.
vi. CRIMINAL JUSTICE: It consists enforcement of such rights that violation of which
leads to a criminal action.
8) CONCLUSION:
Administration of justice is very important for the peace and harmony in society. Thus a
proper system of justice is necessary for a state to function properly.
CUSTOM & ITS KINDS
1) INTRODUCTION:
In times of early societies there were not any established laws, courts or precedents. So,
disputes were resolved according to customs.
2) MEANING:
Custom means, “A tradition adopted by a society”.
3) DEFINITION:
Custom is defined as “A common practice adopted by a society as an unwritten law”.
4) KINDS OF CUSTOMS:
Discussed below are the kinds of customs:
i. LEGAL CUSTOMS: These are prevailing (‫ )پایا جانا‬in a society and have a force of law
in them.
ii. LOCAL CUSTOMS: These customs are adopted by a specific locality (‫)عالقہ‬.
iii. GENERAL CUSTOMS: These customs are generally prevailing within a country.
iv. CONVENTIONAL CUSTOMS: These are developed and adopted at the individual
(__________) level.
5) ESSENTIALS OF VALID CUSTOM:
For a custom to be valid, it is necessary that it must have the following essentials:
i. IMMEMORIAL ANTIQUITY: The custom must be so old that no one knows from
when it has been being practiced.
ii. UNINTERRUPTED CONTINUITY: A custom is considered valid if it has been practiced
continuously over the time and without any interruption.
iii. POSITIVE MORALITY: A custom should have positivity in it and it should not be
against the moral values of that society.
iv. REASONABLE: The custom must be reasonable to adopt and practice and should
not involve any injury in its practice.
v. PEACE: The custom must not destroy public peace.
vi. NOT AGAINST LAW: A custom should not be against a written law.
vii. NOT AGAINST NATURAL JUSTICE: The custom must not be against the principles of
natural justice.
viii. CONSISTENT WITH PUBLIC POLICY: The custom must not be against the public
policy.
ix. MASSIVE SUPPORT: There must be a support of majority of people for the custom.
6) CONCLUSION:
Custom played an important role before the formation of proper laws but now law is more
followed as compared to customs. In modern world, a custom is considered valid only if
it fulfills the above discussed essentials.
OWNERSHIP
1) INTRODUCTION:
The rights of a person which enables him to exclusively use and dispose a property are
generally regarded as ownership rights. Ownership is always of a property that may be
tangible e.g. house or intangible e.g. software etc.
2) MEANING:
Ownership means “to own some property of value”.
3) DEFINITION:
“A relation between a person and a property which provides that person the sole right to
enjoy, dispose, destroy, consume or transfer that property for an indefinite time period
(‫)غیر معینہ مدّت‬.
4) INGREDIENTS OF OWNERSHIP:
The ingredients of ownership are discussed below. These are:
i. RIGHT TO POSSESS: For ownership, a person must have a legal right to possess (‫)قبضہ‬
that property.
ii. RIGHT TO USE: The person must have an exclusive right to use and take benefit
from the property.
iii. RIGHT TO DISPOSE: For ownership, there must be a legal right to dispose-off that
property.
iv. RIGHT TO TRANSFER: The owner must be able to transfer the property by any
method of his preference. E.g. gift, sale etc.
v. RIGHT TO UNINTERRUPTIBLE USE: The owner must have the right to own that
property for an unlimited time period and the ownership must be continuous and
uninterruptible.
5) KINDS OF OWNERSHIP:
The kinds of ownership are discussed below:
i. ORIGINAL OWNERSHIP: It is the ownership for the first time of a property and there
is not any previous owner. E.g. fish caught from river
ii. DERIVATIVE OWNERSHIP: This ownership is derived from a previous owner e.g.
ownership by purchase
iii. ABSOLUTE OWNERSHIP: It is vested in someone’s right and is unconditional and

undisturbed. E.g. ownership by inheritance
iv. EXTINCTIVE OWNERSHIP: It is the kind of ownership which has an immemorial time
period.
v. ASSESSORY OWNERSHIP: It results from ownership of another property. E.g. Fruits
owned as a result of owning the tree
vi. SOLE OWNERSHIP: In this ownership there is only one owner of the property.
vii. JOINT OWNERSHIP: In this ownership there are more than one owners of the
property.
viii. TRUST OWNERSHIP: It is the ownership in which the apparent (‫ )ظاہری‬owner has
possession of property by way of trust.
ix. CONTINGENT OWNERSHIP: It is created only when a said condition is satisfied, also
called conditional ownership.
6) CONCLUSION:
Ownership is the relation of a person with a property. Law provides the concept of
ownership to differentiate between the rights and duties of people relating the property.
POSSESSION
1) INTRODUCTION:
Possession is the 9/10th part of ownership i.e. if ownership is divided into ten parts, nine
parts of ownership are considered possession. It shows the physical relationship between
the property and the person.
2) MEANING:
“Physical control of a person over a property”.
3) DEFINITION:
“Possession shows the physical relationship of a person over a property in such a way that
he has the intention to use that property in an exclusive (only by himself) way”.
4) COMPONENTS OF POSSESSION:
There are two main components of possession. These are:
i. CORPUS: It means that the person should have physical control over property.
ii. ANIMUS: It means that the person having possession of the property must have
the intention to not to share the possession with anyone i.e. exclusive use.
5) MODES OF ACQUISITION:
A property can be acquired (‫ )حاصل کرنا‬in the following ways:
i. BY TAKING: Taking means to take possession of the property without the consent
(‫ )اجازت‬and cooperation of the previous possessor. Taking can be wrongful i.e.
stealing OR it can be rightful i.e. through legal procedure.
ii. BY DELIVERY: It means that possession is acquired with the consent and
cooperation of the previous owner. Delivery can be by operation of law i.e. transfer
of possession to legal heirs (‫وارثان‬ ‫)قانونی‬ OR by delivery of property to the new
possessor e.g. delivery of soap to the customer by the shopkeeper OR delivery may
be symbolic e.g. handing over the keys of the car to the buyer.
6) KINDS OF POSSESSION:
The kinds of possession are discussed below:
i. IMMEDIATE POSSESSION: Property is immediately (‫ )فورا‬transferred and no third

party is involved.
ii. MEDIATE POSSESSION: Possession of property is acquired through a third person
or middle man.
iii. CORPOREAL POSSESSION: It is the possession acquired of a tangible property e.g.

house, bike etc.
iv. INCORPOREAL POSSESSION: It is the possession acquired of an intangible property
e.g. software, app etc.
7) CONCLUSION:
Possession is the basic source of transfer of ownership in the legal way. It is also an
apparent proof of ownership.
CODIFICATION
1) INTRODUCTION:
Codification is the process of giving numbers and codes to the laws for the purpose of
easy access and reference. It saves time as well as make the references more clear and
easy to approach.
2) MEANING:
Codification means “the process of collecting and codifying the law”.
3) DEFINITION:
“Systematic collection of statute to avoid the overlapping of law is called codification”.
4) EXAMPLE:
If we want to search about the law relating to murder, how can we know where it is
written? But with the help of codification, we know that it is written in PPC Section 302.
Actually, giving the section name is the codification done in PPC. So, now it is very easy to
search and give a reference of the law due to the code Section 302 etc.
5) NEEDS FOR CODIFICATION:

Discussed below are some needs that created the demand for codification of laws:
i. Large number of laws

ii. Complex laws
iii. To save time
iv. To standardize legal procedures
v. To bring efficiency
6) KINDS OF CODIFICATION:
There are three kinds of codification. These are:
i. CREATIVE CODIFICATION: It is the codification that is done for a law which is made
for the first time ever. E.g. When PPC was made and codified for the first time
ii. CONSOLIDATING CODIFICATION: This codification is done for a law which is
consolidated for the purpose of simplification.
iii. CREATIVE & CONSOLIDATING CODIFICATION: It is done when new laws are made
and existing law is also consolidated and both are combined. E.g. Constitution of
Pakistan, 1973.
7) ADVANTAGES OF CODIFICATION:
i. CERTAINTY: It makes the laws certain and eliminates ambiguity (‫)ابہام‬.
ii. UNIFORMITY: It makes the implementation of law in a uniform way.
iii. IMPARTIALITY: It results in standardized application of law for everyone in specific
situations and eliminates favoritism.
iv. RELIABILITY: Codified laws are more reliable than individual judgments.
8) DISADVANTAGES OF CODIFICATION:
i. RIGIDITY: It makes laws difficult to modify according to the needs.
ii. CUSTOMS: Codification makes application of laws standardized, thus ignores
varying customs of each area of country.
iii. DIFFFICULT TO UNDERSTAND: Everyone cannot understand codified laws except

lawyers and judges.
iv. PROCEDURES: Remedy can only be taken only if the procedure of the law is
adopted.
9) CONCLUSION:
Codification has many advantages as well as disadvantages, but there are more benefits
so it is better that the laws are codified.
LEGAL RIGHTS
1) INTRODUCTION:
Legal rights are rights awarded to the people by the law and these can be claimed if
violated. To maintain justice and equality in the society law provides some rights and
duties to every member of the society.
2) MEANING:
Legal right means “A right created by law”.
3) DEFINITION:
“A right is an interest recognized and protected by law. It is any interest, respect for which
is a duty and its disregard is a wrong”.
4) PARTIES OF LEGAL RIGHT:
Following are the parties in a legal right:
i. State
ii. Person on whom right is conferred
iii. Person on whom duty is imposed
5) EXAMPLES:
Following are some examples of enforcement of legal right:
i. Suit for damages

ii. Suit for restitution (‫)دوبارہ اصلی حالت میں النا‬
iii. Suit for specific performance of contract
iv. Suit for injunction (‫)حکم‬
6) KINDS OF RIGHTS:
Following are some kinds of rights:
i. DIVINE RIGHTS: These are the human rights which are recognized by the CREATOR
of the universe.
ii. MORAL RIGHTS: These are the rights which are recognized by the public or society.
E.g. respect as an elder
iii. LEGAL RIGHTS: These are the rights which are expressly recognized by the law. E.g.
right to own property
7) INGREDIENTS OF LEGAL RIGHTS:
There are five ingredients of legal rights. These are discussed below:
i. OWNER OF THE RIGHT: There must be a distinguished owner of the right.

ii. AGAINST ANOTHER PERSON: The right of a person is always against another
person, because right of one person is the duty of the other person.
iii. SUBJECT MATTER: There must be a subject matter or object relevant to the right
of a person.
iv. CONTENT: There must be content of the right i.e. some act or omission relevant to
the subject matter of the right.
v. TITLE: For having a legal right, a person should have the title to the subject matter
of the right because without title there is no right.
8) KINDS OF LEGAL RIGHTS:

i. PERFECT RIGHTS: “A right that is recognized by law and is fully enforceable by law
is called perfect right”. E.g. suit filed for recovery of debt (‫)قرض‬.
ii. IMPERFECT RIGHTS: “A right that is recognized by law but is not enforceable is
called imperfect right”. E.g. Time barred debt.
iii. POSITIVE RIGHT: It is a right of a person that obligates the other person to do some
act. E.g. right of creditor to receive money from the debtor.
iv. NEGATIVE RIGHT: It is a right of a person that obligates the other person to refrain
from doing some act. E.g. No one is entitled to take money out of someone’s
pocket.
v. RIGHT IN REM: It is a right of a person exercisable against whole world. E.g. right
of a person to not to be assaulted
vi. RIGHT IN PERSONAM: It is the right of a person against some specific person
aroused due to personal condition or legal status. E.g. right to receive rent of a
property
vii. PROPRIETARY RIGHTS: The rights which can be measured in terms of money.
viii. PERSONAL RIGHTS: These are rights which contribute to a person’s honour or well-
being. E.g. liberty rights
9) MODES OF LOSING LEGAL RIGHT:
i. By sale
ii. By lease
iii. Mortgage
iv. Pledge
v. Gift
vi. Death
vii. By insolvency
viii. By operation of law

10) CONCLUSION:
A legal right helps to differentiate between rights and duties of people to maintain equity
and justice.
LEGISLATION & KINDS
1) INTRODUCTION:
Legislation means process of making of law. In wider sense the term legislation is used to
include all the methods which are used in the process of law making.
2) MEANING:
Legislation means to exercise the power and function of making laws and other rules
binding on those for whom they are made.
3) DEFINITION:
“Legislation is that source of law which consists the declaration of legal rules by a
competent authority”.
4) LEGISLATION AS SOURCE OF LAW:
Legislation is a source of law and this can be discussed by the analysis of the following
various approaches.
i. ANALYTICAL APPROACH: Legislation is the only source of law and there is no

importance of custom and precedent.
ii. HISTORICAL APPROACH: According to this approach, legislation is not a source of
law and does not has an independent role. The only purpose of legislation is to
make the customs more effective.
5) KINDS OF LEGISLATION: The kinds of legislation are discussed below:
i. SUPREME LEGISLATION: It is the legislation done by the supreme authority of the

state and it cannot be declared void by any other authority.
ii. SUBORDINATE LEGISLATION: It is the legislation done by any authority other than
supreme authority and it can be challenged.
iii. JUDICIAL LEGISLATION: It is the legislation done by the judiciary for the regulation
of their own procedures.
iv. MUNICIPAL LEGISLATION: It is the legislation done by the municipal authorities for
limited purposes of a specific area. E.g. WAPDA
v. AUTONOMOUS LEGISLATION: It is the legislation done by the private person
authorized by the state. E.g. University laws
vi. ADMINISTRATIVE LEGISLATION: It is the legislation done by the administrative body
of the state for administrative purposes. E.g. Health and Education
6) ADVANTAGES OF LEGISLATION:
i. SOURCE OF NEW LAW
ii. ABROGATION OF OLD LAWS
iii. BRINGS EFFICIENCY
iv. BRINGS PEACE
v. BRINGS ORDER
vi. BRINGS EQUITY
vii. REDUCES VAGUENESS
viii. BRINGS UNIFORMITY
ix. PROVIDES LEGAL DEFINITIONS
x. SELF-CRITISM OF LAWS
xi. SELF-REVISION OF LAWS
7) DISADVANTAGES:
i. BIASNESS
ii. PARTIALITY
iii. INCOMPLETE
iv. COMPLICATED LAWS
v. RIGID LAWS
8) CONCLUSION:
From all the above discussion, we can conclude that the role of legislation is very
important in the proper functioning of the state.
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Exam Series

BRILLIANT LAW COLLEGE

“Jurisprudence” is derived from Latin word “Jurisprudentia” which means “Knowledge of

According to Salmond, “Jurisprudence is science of Law”

According to Austin, “Jurisprudence is the philosophy of positive Law”

Jurisprudence is dynamic in nature and changes according to the demands of different

Discussed below are three main contents of jurisprudence:

i. ANALYTICAL JURISPRUDENCE: It tells about the meanings, concepts, modes of

IMPERATIVE THEORY OF LAW

“Law is a command of sovereign backed by a sanction”

“Road Traffic Act, 1960”

Discussed below are main features of this theory:

i. COMMAND: It is an expression of desire of a superior about an act of inferior and

Merits are discussed below:

Demerits are discussed below:

CIVIL LAW & ITS KINDS

Law means systematic application of a force by an authority to modify (‫ )تبدیل کرنا‬humans.

4) KINDS OF CIVIL LAW:

There are two main kinds of civil law. These are:

It is the law which is that is applied to a particular subject.

Following are different kinds of special law:

Administration of justice is the maintenance of right within a political community by

It means “Fair and Proper management of law”.

“Protection of individual from the unjust and unlawful deeds of others”.

The origin of administration of justice is identical with origin of mankind. As humans

Administration of justice is important due to the following reasons:

Discussed below are some important kinds of justice:

CUSTOM & ITS KINDS

Custom means, “A tradition adopted by a society”.

Custom is defined as “A common practice adopted by a society as an unwritten law”.

Discussed below are the kinds of customs:

Ownership means “to own some property of value”.

The ingredients of ownership are discussed below. These are:

The kinds of ownership are discussed below:

iii. ABSOLUTE OWNERSHIP: It is vested in someone’s right and is unconditional and

“Physical control of a person over a property”.

There are two main components of possession. These are:

A property can be acquired (‫ )حاصل کرنا‬in the following ways:

The kinds of possession are discussed below:

i. IMMEDIATE POSSESSION: Property is immediately (‫ )فورا‬transferred and no third

iii. CORPOREAL POSSESSION: It is the possession acquired of a tangible property e.g.

Codification means “the process of collecting and codifying the law”.

“Systematic collection of statute to avoid the overlapping of law is called codification”.

5) NEEDS FOR CODIFICATION:

i. Large number of laws

There are three kinds of codification. These are:

iii. DIFFFICULT TO UNDERSTAND: Everyone cannot understand codified laws except

Legal right means “A right created by law”.

4) PARTIES OF LEGAL RIGHT:

Following are the parties in a legal right:

Following are some examples of enforcement of legal right:

i. Suit for damages

Following are some kinds of rights:

i. OWNER OF THE RIGHT: There must be a distinguished owner of the right.

8) KINDS OF LEGAL RIGHTS:

viii. By operation of law

LEGISLATION & KINDS

4) LEGISLATION AS SOURCE OF LAW:

i. ANALYTICAL APPROACH: Legislation is the only source of law and there is no

i. SUPREME LEGISLATION: It is the legislation done by the supreme authority of the

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