1 GENERAL CONCLUSION 9
2 GENERAL CONCLUSION This legal philosophical thesis of mine namely... "JURISPRUDENCE AND PHILOSOHPY AS FOUNDATIONS OF LAW" is divided into two parts. Part -I namely : "JURISPRUDENCE AS FOUNDATION OF LAW" and Part-II namely : "PHILOSOPHY AS FOUNDATION OF LAW" In Part-I namely "JURISPRUDENCE AS FOUNDATION OF LAW" includes six chapters. Chapter - I - It includes legal theory, its introduction and its historical survey Chapter - II namely : "Jurisprudence" - It's Meaning, Nature & Scope includes various concepts of jurisprudence, such as - Definition of Jurisprudence, Various views of Jurisprudence, Nature of Jurisprudence, Hindu Jurisprudence, Mahomedan Jurisprudence, The Promulgation of Islam and of Islamic Jurisprudence, The Purpose of Jurisprudence, The Science of Jurisprudence, The Various Kinds of Jurisprudence/ or The Different Branches of Jurisprudence Chapter - III namely : "School of Jurisprudence" - it includes various schools with their unique ideology, such as- Analytical School Analytical Positivism Historical School of Law Philosophical School or Ethical School Sociological School of Jurisprudence
3 11 The Realist School Comparative School of Jurisprudence, English and Continental School of Jurisprudence Chapter - IV namely : "Law, State and Sovereignty and Administration of Justice - includes the following aspects. Definition of Law, The Kinds of Law, The Classification of Law, The State, Sovereignty, and The Administration of Justice. Chapter - V namely : "Sources of Law" - it includes various sources of law, such as - The Sources of Law, Custom as a Source of Law, Judicial Precedent, Legislation as a Source of Law, Statutory Interpretation, Condification, Other Sources of Law, and Equity Chapter - VI namely : "Concepts of the Law/ Juridical Concepts & Analysis" - it includes various concepts of law, such as- Legal Rights & Duties, Juristic Personality, Possession, Ownership, Concept of Liability, Property, and The Law of Procedure.
4 Ill In Part-II namely, "PHILOSOPHY AS FOUNDATION OF LAW" includes eight chapters. Chapter -1 namely : "An Introduction to Philosophy" includes various problems, scope, branches, nature, definition and value of philosophy. It includes, The Nature of Philosophy, The Origin of Philosophy, The Meaning and Definition of Philosophy, Philosophical Problem, Philosophical Attitude, Philosophical Methods, Philosophical Activities, Philosophical Effect, Philosophical Conclusion, Scope of Philosophy, Branches of Philosophy, Value of Philosophy, Epistemology and Ontology or Metaphysics, Philosophy and Theology, Philosophy and Religion, Philosophy and Poetry, Epistemology and Logic, Metaphysics and Logic. Chapter - II namely : "The Philosophical Foundation of Law" includes Hindu Legal Philosophy. It discusses various interpretation of Hindu Ideology of Law. It also deals with the Western Legal Philosophy. Various concepts which have been developed from the Western Philosophy are thoroughly discussed here. Chapter - III namely : "Philosophical Aspects of Law and The Moral Law" includes Introduction, Moral/ Ethical Legal Philosophy, Exponents of Philosophical/ Ethical Jurisprudence, Legal Philosophy of Law and Morality, Instuitionist's View, Formalist's View, Teleological View, Synthesis of the Opinions, The Moral Standard as Law, Stages in Moral Evolution, Nature of Moral Law, Distinction between Law and Morals, Relation between Law and Morals, Moral as Part of Law, Legal Enforcement of Morals & Conclusion. Chapter - IV namely, "Natural Law Philosophy" includes various concepts of Natural law. These concepts are based on the science of Philosophy. It includes, Introduction, Natural Law - Its Meaning and Definition, Natural Law and Positive Law, Natural Law - Indian Concepts and Perception, Natural Law distinguished from other Laws, Historical Evolution of Natural Law Theory, 19th Century Hostility of Natural Law, 20th Century Revival of Natural Law, Critical Appraisal of Natural Law Theory, Natural Law in English, American & Indian Legal Systems and Post-Independence Perspective.
5 IV Chapter-V namely, "Philosophical Aspects of Justice" includes various concepts of Justice. There is a philosophical discussion in this chapter, such as - Introduction, Meaning and Concept of Justice, Justice - Legal Meaning, PLATO's Conception of Justice, PLATO's Theory of Justice, Quality of the Soul, Organic Theory of Society, Integral Approach, Characteristics of Justice, The Individual Justice, Social Justice,, Criticism of the Theory of Justice, PLATO's communism concerning property was based upon the'" Ideal of Justice, The Concept of Justice, Problem of Justice - ARISTOTLE, Distributive and Corrective Justice & its Criticism, Greek Philosophy of Justice after ARISTOTLE, Roman Concept of Justice, Christian Era, Notion of Justice, Contractual Theory of Justice, Human Liberty - An Aspect of Justice, Utilitarian Concept of Justice, Egalitarian Justice - Sociological Aspect, Communist Justice, STAMMLER s Principles of Justice, The Contractual Theory of Justice - JOHN RAWLS, HANS KELSEN - Justice Irrational Ideal, HART s Positivism - Theory of Justice, Perception of Justice - Major Strands, Justice - Indian Heritage, Justice - Vedic Perception, BUDDHISTIC Notion of Justice, Post-Vedic Concept of Justice, Code of MANU - And Justice, Doctrine of Matsya Nyaya, BRISHASPATI - Authority of Law and Justice, Justice-Muslim Era, Justice - British Period, Constitution of India and Penumbras of Justice, Natural Justice - Indian Legal Theory, Natural Justice - Jurisprudential Paradigms, Social Justice - Indian Content, Justice - GANDHIAN Theory, Broad Meaning of Justice, Various Dimensions of Justice, Relationship between Justice, Liberty, Equality and Property. Justice and Liberty, Justice and Equality & Justice and Private Property. Chapter -VI namely, "Law As Logic and Experience" includes law as a logical science. Such concept as - Introduction, Definition of Law, The Logical Law, The Laws of Nature are different from other types of laws. These differences are the following - Difference in Scope, Difference in Changeability, Difference in Defiability, Difference in Nature, Difference of Source, Axioms, Primary Law, Secondary Law, Jurisprudence is the Science of Civil Law, Formal Science of Positive Law, Law and Logic, Nature of Logic, What is Logic?, Logic as the Science of Sciences, Is Logic an Art?, Utility of Logic, Importance of Logic, Reason and Logic in Law, Logical Interpretation, Epistemology and Logic & Metaphysics and Logic
6 Chapter -VII namely "The Metaphysics of Law" includes various concepts on Metaphysics of Law. The following points have been dealt with in this chapter - such as...of Ultimate Existence, Being and Becoming, State of Nescience, The Desire to Know, The Knowledge Gained, Vision of Law, Deification of Vision, Deification in Rigveda, The Auto-Erotic Principle, Over-Abounding Neo-sentience, The Dual casuality, Expression Euphemised, Symbolising the Polar Forces, The Idea of Law & Prelude to Succeeding Title. Chapter - VIII namely, "Law as Concern of the Self in a System"? It throws light on the law as a concern of the self. It is a typical type of system. It discusses the following points - Philosophy of Self, Self an Empirical Entity, The Function of Self as Triune, The Inevitable Expansion of Self, Self-Expansion, The Foundation of Law, Asserted Utility of Law to the Self, The Self in a System, The System Evolving in Terms of Relations and Values, Forms and Norms of Life, Growth of Institutions, Law to Sustain the System, The System Notable for its Imperfections, The Freedom of Self to Defy System, Conclusion & on way to the succeeding title. The legal concepts and ideas pertaining to Jurisprudence are thoroughly discussed in the valuable thesis of mine. The Legal Principles, Legal Idea, Legal Concepts are included in the Jurisprudence. Jurisprudence is the foundation of law. The legal philosophical changes are incorporated in the Jurisprudence. So it can be added without any hesitation that Jurisprudence is the foundation of a branch of philosophy. Ultimately, it is propounded here that "Jurisprudence as the Foundation of Law and Philosophy as Foundation of Law" is accepted by certain Jurists and Philosophers.