Natural law
Natural law is a theory that posits the existence of a law whose content is set by nature and that therefore has validity everywhere.
The phrase natural law is sometimes opposed to the positive law of a given political community, society, or nation-state, and thus can function as a standard by which to criticize that law. In natural law jurisprudence, on the other hand, the content of positive law cannot be known without some reference to the natural law.
Used in this way, natural law can be evoked to criticize decisions about the statutes, but less so to criticize the law itself.
Some use natural law synonymously with natural justice or natural right (Latin ius naturale), although most contemporary political and legal theorists separate the two.
Natural law theories have exercised a profound influence on the development of English common law, and have featured greatly in the philosophies of Thomas Aquinas, Francisco Suárez, Richard Hooker, Thomas Hobbes, Hugo Grotius, Samuel von Pufendorf, and John Locke.
Because of the intersection between natural law and natural rights, it has been cited as a component in United States Declaration of Independence.
Legal positivism
Legal positivism is a school of thought in jurisprudence and the philosophy of law. The principal claims of legal positivism are that:
- There is no inherent or necessary connection between the validity conditions of law and ethics or morality.
- Laws are rules made, whether deliberately or unintentionally, by human beings.
- Laws must follow the rules of determinism.
Monism
Monists assume that the internal and international legal systems form a unity. Both national legal rules and international rules that a state has accepted, for example by way of a treaty, determine whether actions are legal or illegal
Dualism
Dualism is a legal concept which contends that national law and international law are two separate and distinct areas of law. It can be contrasted with the legal theory of monism which contends the opposite.
Political jurisprudence
Political jurisprudence is a legal theory that some judicial decisions are motivated more by politics than by unbiased judgment. According to Martin Shapiro, who first noted the theory in 1964: “The core of political jurisprudence is a vision of courts as political agencies and judges as political actors.”
Legal decisions are no longer focused on a judge’s analytical analysis , but rather it is the judges themselves that become the focus for determining how the decision was reached.
Political jurisprudence advocates that judges are not machines but are influenced and swayed by the political system and by their own personal beliefs of how the law should be decided.
Instead they are making decisions based on their political, legal, and personal beliefs as it relates to the law. Deeply, and with more implication for the society, the decisions of the judges is not only modified from the politics, but modify itself the politics and the process of law making in a so influent way, that we can say that the policy-making is “judicialized”.
Analytical jurisprudence
Analytical jurisprudence is a legal theory that draws on the resources of modern analytical philosophy to try to understand the nature of law.
H. L. A. Hart was probably the most influential writer in the modern school of analytical jurisprudence, though its history goes back at least to Jeremy Bentham.
Analytic, or ‘clarificatory’ jurisprudence uses a neutral point of view and descriptive language when referring to the aspects of legal systems. This was a philosophical development that rejected natural law’s fusing of what law is and what it ought to be.
David Hume famously argued in A Treatise of Human Nature that people invariably slip between describing that the world is a certain way to saying therefore we ought to conclude on a particular course of action.
So analysing and clarifying the way the world is must be treated as a strictly separate question to normative and evaluative ought questions.
The most important questions of analytic jurisprudence are:
“What are laws?”; ”
What is the law?”;
“What is the relationship between law and power/sociology?”;
and, “What is the relationship between law and morality?”
Legal positivism is the dominant theory, although there are a growing number of critics, who offer their own interpretations.
Abduction
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Abduction means whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person as per Section 362 of Indian Penal Code.
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School of Law 