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LLB Part-1
10 Important Questions
By: Ali Hamza Awan

1. Define law by different jurists. Advantages and disadvantages of law?

2. Write a detailed note on the role of law.

3. What is law? Write a note on different sources of law?

4. Write a note on the classifications of law?

5. Differentiate between civil and criminal law?

6. Write a detailed note on the Imperative theory of law?

7. Write a note on social contract theory?

8. Write a note on natural law theory. Its importance and criticism?

9. Write a note on Kelson’s pure theory of law?

10. Write a note on legal rights and legal duties in detail?

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Philosophy of Law LLB Part – 1

Notes By: Ali Hamza Awan

These notes and video lectures are a small effort from my side
for future lawyers. Remember me in your Prayers.

Q# 1: Define law by different jurists. Advantages and

disadvantages of law?

Introduction:

Law is an essential element of a well-organized society. It governs

human behavior, maintains order, and ensures justice. Without law,
societies would descend into chaos. Various jurists have defined law
differently based on their perspectives.

Meaning of Law:

Law refers to a set of rules and regulations imposed by a governing

authority to regulate human conduct. It ensures justice, resolves
disputes, and upholds social order. Law varies across societies but has
a common goal—maintaining peace and harmony.

Definitions of Law by Different Jurists:

1. John Austin (Analytical School)

"Law is the command of the sovereign, backed by sanction."

• According to Austin, law is a command issued by a superior

authority (the state) and enforced through penalties.

2. Salmond (Legal Positivism)

"Law is the body of principles recognized and applied by the state in

the administration of justice."

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• This definition emphasizes that law is a set of principles used to

administer justice.

3. Hans Kelsen (Pure Theory of Law)

"Law is a normative science that determines what ought to be done."

• Kelsen sees law as a system of norms rather than a command.

4. Roscoe Pound (Sociological School)

"Law is a tool for social engineering."

• Law is used to shape society and balance conflicting interests.

5. Blackstone (Historical School)

"Law is a rule of action dictated by a superior being."

• This definition aligns with the idea that law is a divine or natural
principle governing human behavior.

Advantages of Law:

1. Maintains Order – Law ensures discipline in society and

prevents anarchy.
2. Protects Rights – It safeguards fundamental rights and freedoms.
3. Ensures Justice – Law helps deliver justice and fair treatment.
4. Regulates Conduct – It sets boundaries for acceptable behavior.
5. Prevents Exploitation – Law protects weaker sections of
society.
6. Promotes Economic Growth – Legal frameworks support trade,
contracts, and property rights.

Disadvantages of Law:

1. Rigidity – Laws may become outdated and fail to adapt to social

changes.

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2. Complexity – Legal language and procedures can be difficult for

the common man to understand.
3. Misuse of Law – Those in power may manipulate laws for
personal gain.
4. Delayed Justice – Court cases often take years to resolve, leading
to injustice.
5. Bureaucratic Burden – Legal processes can be time-consuming
and expensive.
6. Moral Limitations – Some laws may not align with ethical or
moral values.

Conclusion:

Law is a fundamental pillar of civilization, guiding human conduct and

ensuring justice. While it has numerous benefits, such as maintaining
order and protecting rights, it also has drawbacks, such as rigidity and
misuse. Therefore, laws should be regularly updated to meet the
evolving needs of society. An effective legal system balances
enforcement with flexibility, ensuring fairness and justice for all.

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Q# 2: Write a detailed note on role of law?

Introduction:

Law plays a fundamental role in the functioning of any society. It is the

foundation upon which justice, order, and equality are built. In every
society, law serves as a guiding principle that regulates human conduct
and resolves disputes. Without law, society would be in chaos, and
individual rights would be at risk. Therefore, the role of law is essential
in maintaining peace, protecting rights, and ensuring justice.

Meaning:

Law is a set of principles and standards that guide society in

determining what is acceptable and unacceptable behavior. Law helps
to ensure fairness and prevents the misuse of power.

Definitions by Jurists

1. John Austin:
“Law is the command of the sovereign backed by the threat of
sanction.”
According to Austin, law is a rule set by a political superior to
political inferiors.
2. Salmond:
“Law is the body of principles recognized and applied by the state
in the administration of justice.”

Role of Law in Society

1. Maintenance of Law and Order

Law ensures peace and stability in society by prohibiting actions that

may lead to conflicts, violence, or anarchy. It defines acceptable
standards of behavior and punishes those who deviate from them.

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2. Protection of Rights and Liberties

One of the major roles of law is to safeguard individual rights such as

the right to life, liberty, property, and freedom of expression.
Constitutional and human rights laws exist to protect these liberties.

3. Dispensation of Justice

Law provides a structured mechanism through which justice is

delivered. Courts interpret and apply laws to settle disputes and provide
remedies for grievances.

4. Regulation of Human Conduct

Law regulates the behavior of individuals and organizations. It guides

people in how to act in specific situations, thereby ensuring social
discipline and harmony.

5. Social Change and Development

Law acts as an instrument of social change. It helps in reforming

outdated customs and traditions. For example, laws related to women's
rights, education, and child labor have transformed societies positively.

6. Economic and Political Stability

Laws related to trade, taxation, property, contracts, and labor contribute

to economic development. Similarly, constitutional and electoral laws
support political stability and democratic governance.

7. Enforcement of Moral and Ethical Values

While not all laws are based on morality, many laws reflect the moral
and ethical values of a society. For example, laws against theft and
murder are rooted in the moral principle of respecting others' rights.

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Conclusion:

In conclusion, law plays a vital and multifaceted role in society. It is

more than just a set of rules; it is a mechanism for ensuring justice,
protecting rights, regulating behavior, and promoting the common
good. Without law, there would be disorder and injustice. The study of
the role of law in the philosophy of law helps us understand its
importance in shaping and maintaining a just and civilized society.

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Q# 3: What is Law? Write a note on different sources of law?

Introduction:

Law is the foundation of any civilized society. It serves as a guide to

human behavior, ensuring peace, justice, and order. In every society,
law serves as a guiding principle that regulates human conduct and
resolves disputes. Without law, society would be in chaos, and
individual rights would be at risk. These sources of law form the basis
of the legal system and help in the development and application of legal
rules.

Meaning:

Law refers to a system of rules recognized and enforced by a governing

authority to regulate conduct within a society. It ensures justice,
equality, and protection of rights, and provides mechanisms for
resolving disputes.

Definitions by Jurists:

1. John Austin:
“Law is the command of the sovereign backed by the threat of
sanction.”
2. Salmond:
“Law is the body of principles recognized and applied by the state
in the administration of justice.”

Sources of Law:

Sources of law refer to the origins or foundations from which laws

derive their authority and validity. They can be classified into the
following:

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1. Legislation (Statutory Law)

• Legislation is law made by a competent authority, such as

Parliament.
• It is the most direct and modern source of law.
• Examples: Constitution, Penal Code, Contract Act, etc.

2. Custom

• Custom is one of the oldest sources of law.

• It consists of long-established practices that are accepted as legal
requirements or rules of conduct.
• To be recognized as a source of law, a custom must be ancient,
continuous, reasonable, and not against public policy.

3. Judicial Precedent (Case Law)

• Precedent refers to the decisions made by higher courts that are

followed by lower courts in similar cases.
• The principle of stare decisis (to stand by decided matters)
applies here.
• This ensures consistency and predictability in law.

4. Religious or Personal Laws

• In countries like Pakistan, religious texts like the Quran and

Sunnah are sources of law in matters of personal status (e.g.,
marriage, inheritance).
• These laws apply to specific communities based on their religion.

5. Constitutional Law

• The constitution is the supreme law of the land.

• All laws must conform to the constitution, and any law in
violation of it is considered invalid.

6. Legal Writings (Doctrine)

• Works of renowned legal scholars and jurists are sometimes

referred to by courts and legislators.

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• Though not binding, they help in interpreting and understanding

laws.

Conclusion:

In conclusion, law is a structured system that governs society and

ensures order and justice. Understanding its definition and sources
helps in appreciating the dynamic nature of law. Various sources like
legislation, custom, precedent, and religion contribute to the growth
and development of the legal system. These sources are not only
historical but continue to evolve with time to meet the needs of
changing societies.

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Q# 4: Write a note on the classifications of law?

Introduction:

Law is a broad and complex system that governs human behavior and
interactions within a society. To better understand and apply it, law is
divided into various branches or types based on its nature, scope, and
function. This division is known as the classification of law.
Understanding these classifications helps students, lawyers, and judges
to navigate the legal system more effectively and apply relevant laws
in specific circumstances.

Meaning:

Law is a set of rules created and enforced by a governing authority to

maintain order, protect rights, and provide justice. Since the functions
and objectives of law vary across different areas, classification
becomes essential for its proper application and study.

Definitions by Jurists:

1. Salmond:
“Law is the body of principles recognized and applied by the state
in the administration of justice.”
2. John Austin:
“Law is the command of the sovereign backed by the threat of
sanction.”

Main Classifications of Law

Law is broadly classified into the following categories:

1. Public Law and Private Law

• Public Law:
Deals with the relationship between individuals and the state.

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Examples: Constitutional Law, Administrative Law, Criminal

Law.
• Private Law:
Regulates relationships between individuals or private entities.
Examples: Contract Law, Family Law, Property Law.

2. Civil Law and Criminal Law

• Civil Law:
Concerned with rights and duties of individuals among
themselves. It provides remedies in the form of compensation.
Example: A dispute over property or a breach of contract.
• Criminal Law:
Deals with offenses against the state or society as a whole. It
involves punishment such as imprisonment or fines.
Example: Theft, murder, fraud.

3. Substantive Law and Procedural Law

• Substantive Law:
Defines rights, duties, and liabilities of individuals.
Example: Laws related to contracts, crimes, and property.
• Procedural Law:
Provides the process or procedure for enforcing substantive law.
Example: Civil Procedure Code (CPC), Criminal Procedure
Code (CrPC).

4. Municipal Law and International Law

• Municipal Law:
Also known as national law, it applies within a specific country
and governs internal matters.
• International Law:
Governs relationships between states or countries. It includes
treaties and conventions.
Example: United Nations Charter, Geneva Convention.

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5. Written Law and Unwritten Law

• Written Law:
Codified laws found in constitutions, statutes, and legal
documents.
Example: Pakistan Penal Code (PPC), Constitution of Pakistan.
• Unwritten Law:
Laws not written in official statutes but recognized through
custom or judicial decisions.
Example: Common Law.

Conclusion:

In conclusion, the classification of law is necessary for the proper

understanding and application of legal rules. By dividing law into
various branches such as public and private law, civil and criminal law,
and others, legal professionals can easily interpret and apply the law to
different situations. Each classification serves a unique purpose in
maintaining justice, protecting rights, and ensuring social order.

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Q# 5: Differentiate between Civil and Criminal Law.

Introduction:

Law is divided into various branches to regulate different types of

relationships and behaviors within society. Two major branches of law
are civil law and criminal law. While both aim to maintain order and
justice, they differ in their nature, purpose, procedures, and outcomes.
Understanding these differences is essential for anyone studying law,
especially in the context of legal philosophy.

Meaning and Definitions:

Civil Law

Meaning:
Civil law deals with the rights and duties of individuals towards each
other. It covers private disputes where compensation or specific relief
is sought rather than punishment.

Definition (Salmond):
“Civil law is the law that deals with the rights and duties of
individuals among themselves.”

Criminal Law

Meaning:
Criminal law deals with offenses against the state or society as a whole.
It involves punishment for wrongful acts that are considered harmful to
public order and morality.

Definition (Blackstone):
“Criminal law is a branch of public law which defines crimes and
provides for their punishment.”

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Differences Between Civil and Criminal Law

Aspect Civil Law Criminal Law

Deals with private rights Deals with offenses against
1. Nature
and disputes the state or society
Compensation or specific Punishment of the offender
2. Purpose
performance (e.g., imprisonment, fine)
3. Parties State (Prosecution) vs.
Plaintiff vs. Defendant
Involved Accused
4. Standard
Balance of probabilities Beyond reasonable doubt
of Proof
5. Filing of Initiated by the aggrieved Initiated by the state or
Case party government
Compensation, injunction, Conviction or acquittal,
6. Outcome
declaration, etc. punishment
Breach of contract,
Theft, murder, assault,
7. Examples property disputes,
fraud
defamation
8. Courts Civil courts Criminal courts

Conclusion:

In conclusion, while both civil and criminal laws serve to uphold

justice, they do so in very different ways. Civil law focuses on resolving
disputes between individuals and ensuring fair compensation, whereas
criminal law aims to punish wrongdoers and maintain law and order.
Understanding these differences is key to understanding the structure
and philosophy of the legal system.

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Q# 6: Write a detailed note on the Imperative theory of law?

Introduction:

The Imperative Theory of Law is one of the oldest and most influential
theories in the realm of legal philosophy. Propounded by John Austin,
a prominent English legal theorist of the 19th century, this theory seeks
to define law in terms of commands issued by a sovereign authority. It
represents a positivist approach to understanding law, emphasizing the
importance of the authority of the lawmaker rather than moral
considerations.

Meaning:

The term “imperative” refers to something that is commanded or

ordered. Hence, the Imperative Theory views law as a command
backed by the threat of sanction or punishment.

Definitions:

1. John Austin's Definition:

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

2. Holland’s Definition:

“Law is a general rule of external human action enforced by a sovereign

political authority.”

Key Features of the Imperative Theory:

1. Command: Law is essentially a command given by a political

superior to political inferiors.
2. Sovereign: The law must come from a recognized and powerful
authority who is habitually obeyed by the people.
3. Sanction: Law is accompanied by a threat of punishment or
sanction for non-compliance.

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4. No Moral Connection: The theory does not consider morality as

a part of the legal system. A law can be unjust or immoral, but as
long as it is commanded by the sovereign, it is still a law.
5. Positivist Nature: It separates law from ethics, religion, and
morality. It focuses on “what the law is” rather than “what the law
ought to be.”

Criticism of the Imperative Theory:

1. Ignores Moral Aspects: Critics argue that this theory overlooks

the moral and ethical dimensions of law.
2. Not Suitable for Modern Democracies: Modern democratic
systems are based on participatory law-making, not just the will
of a single sovereign.
3. Fails to Cover Constitutional and Customary Laws: Not all
laws are commands backed by sanctions, e.g., constitutional
conventions, customs, and international laws.
4. No Consideration for Rights and Duties: The theory focuses
more on duties and punishment, rather than the rights of
individuals.

Conclusion:

The Imperative Theory of Law, though foundational in the study of

legal positivism, has its limitations in the context of modern legal
systems. While it provides a clear and rigid structure of law as a
command from a sovereign, it fails to account for laws that are based
on morality, custom, or democratic consensus. Despite its criticisms,
the theory has significantly contributed to the development of legal
thought and is essential in understanding the evolution of legal
positivism.

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Q# 7: Write a note on social contract theory?

Introduction:

The Social Contract Theory is one of the most important theories in the
history of political and legal philosophy. It explains the origin of
society and law based on a mutual agreement or contract between
individuals and the state. This theory played a vital role in the
development of democratic principles, rule of law, and the concept of
sovereignty.

Meaning:

The Social Contract Theory is based on the idea that individuals in the
state of nature (a hypothetical condition before society existed) came
together to form a society by agreeing to surrender some of their
freedoms to a governing authority in return for protection of their
remaining rights. This agreement is called the social contract.

Definitions:

1. Thomas Hobbes:

"A social contract is an agreement among individuals to form a civil

society and accept a central authority to avoid the chaos of the state of
nature."

According to Hobbes, life in the state of nature was “solitary, poor,

nasty, brutish, and short,” and people gave up all their rights to a
sovereign in exchange for security.

2. John Locke:

"The social contract is a mutual agreement to protect natural rights such

as life, liberty, and property."

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Locke believed that people retained their natural rights even after
entering into the contract, and the role of the state is to protect these
rights.

Key Features of Social Contract Theory:

1. State of Nature: Describes the condition of humans before

society or government was formed.
2. Mutual Agreement: People agree to form a society and establish
a government.
3. Surrender of Rights: Individuals surrender some of their
freedoms for the protection of their essential rights.
4. Origin of Law and State: The authority of the government and
the laws is derived from the consent of the governed.
5. Rights and Duties: The theory emphasizes the protection of
individual rights and the duty of the state to serve the people.

Importance in Legal Philosophy:

• Forms the basis of modern democracy and constitutionalism.

• Justifies the authority of the state and obedience to law.
• Highlights the importance of individual rights and social
justice.
• Encourages the rule of law and limited government.

Conclusion:

The Social Contract Theory has had a profound impact on the

development of modern legal and political systems. It provides a
theoretical foundation for the legitimacy of governments and the origin
of laws based on the consent of the people. Although the concept has
evolved over time, its core idea—that authority must be based on the
agreement and welfare of the governed—remains central to democratic
thought.

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Q# 8: Write a note on natural law theory. Its importance and

criticism?

Introduction:

Natural Law Theory is one of the oldest and most influential schools of
thought in legal philosophy. It is based on the belief that there are
certain moral principles inherent in human nature and the universe,
which serve as a foundation for all human-made laws. Natural law is
seen as universal, eternal, and unchangeable, guiding human beings in
making just laws and ethical decisions.

Meaning:

Natural Law refers to a system of law that is derived from nature,

reason, or religious principles rather than from the rules of a political
authority. It is based on what is believed to be right and just according
to human reason and moral values. Unlike man-made or "positive" law,
natural law exists independently and applies to all human beings.

Definitions:

1. St. Thomas Aquinas (Medieval Philosopher):

“Law is a participation of the eternal law in the rational creature.”

According to Aquinas, natural law is part of God’s eternal law and can
be understood through reason.

2. Blackstone (English Jurist):

“Natural law is the will of God, discoverable by the light of reason.”

Importance of Natural Law Theory:

1. Foundation of Justice: Natural law promotes the idea of justice

based on moral and ethical values.

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2. Human Rights: It played a major role in the development of

universal human rights and international law.
3. Checks on Positive Law: It provides a standard to judge whether
a human-made law is just or unjust.
4. Universal Application: Since natural law is based on reason and
morality, it applies to all human beings regardless of culture, time,
or place.
5. Influence on Modern Legal Systems: The concept of natural
rights inspired many modern constitutions and declarations, such
as the U.S. Constitution and the Universal Declaration of Human
Rights.

Criticism of Natural Law Theory:

1. Subjectivity: What is considered "natural" or "moral" can differ

among individuals and cultures, making it subjective.
2. Lack of Clarity: Natural law lacks a precise and consistent
method for determining what is morally right or wrong.
3. Conflict with Legal Positivism: Legal positivists argue that law
should be seen as a creation of human authority, not morality.
4. Not Always Practical: In a complex modern society, relying on
abstract moral values may not always provide practical legal
solutions.
5. Religious Bias: Some versions of natural law (like Aquinas’s) are
heavily based on religious beliefs, which may not be universally
accepted.

Conclusion:

Natural Law Theory has played a vital role in shaping legal and moral
thinking throughout history. Its emphasis on justice, morality, and
universal human rights continues to influence modern legal systems.
However, it also faces criticism for its subjectivity and lack of clear
structure. Despite these challenges, natural law remains a powerful
ideal that encourages lawmakers and societies to strive for justice and
fairness beyond the written law.

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Q# 9: Write a note on Kelson’s pure theory of law?

Introduction:

The Pure Theory of Law was introduced by Hans Kelsen, an Austrian

jurist and legal philosopher. His theory is one of the most significant
contributions to legal positivism in the 20th century. Kelsen aimed to
separate law from politics, morality, and sociology to study it in a
purely legal and scientific manner. That is why it is called the "Pure"
Theory of Law — it focuses solely on law as it is, not as it ought to be.

Meaning:

Kelsen’s Pure Theory of Law asserts that law is a normative system

— a system of rules prescribing how people ought to behave — and
not a system based on moral, social, or political considerations. The
theory is "pure" because it removes all non-legal elements.

Definition:

Hans Kelsen defined law as:

“A system of norms, each deriving its validity from a higher norm,

ultimately tracing back to a fundamental norm, called the Grundnorm
(basic norm).”

Key Features of Kelsen’s Pure Theory:

1. Normative Nature: Law is a system of norms, not moral

judgments or social facts.
2. Hierarchy of Norms: Legal rules are structured in a hierarchy,
where lower norms derive validity from higher norms.
3. Grundnorm (Basic Norm): The foundation of the legal system,
assumed to be accepted by the legal community.
4. Separation from Morality: Law should be studied without
reference to moral or political ideals.

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5. Focus on Legal Validity: A law is valid if it is made according

to the procedures prescribed by a higher legal norm.

Importance of the Theory:

• Scientific Approach: It treats law as a science, making legal

studies more precise and systematic.
• Neutrality: It avoids bias by excluding moral, social, and
political elements from legal analysis.
• Clarity: It provides a clear structure (hierarchy of norms) to
understand how laws are formed and validated.
• Influence on Constitutional Law: The theory is particularly
influential in understanding how constitutions work as
foundational legal documents.

Criticism of the Pure Theory of Law:

1. Too Abstract: The idea of the Grundnorm is theoretical and not

always visible in practice.
2. Ignores Morality: Critics argue that separating law from
morality may justify unjust or oppressive laws.
3. Overly Formal: The theory is focused on the form of law, not its
content or practical impact.
4. Not Suitable for Social Context: It doesn’t account for the
social, economic, and political influences on law-making.

Conclusion:

Hans Kelsen’s Pure Theory of Law is a landmark in legal positivism.

It provides a systematic and scientific way of studying law by focusing
purely on its structure and validity. While the theory is highly
influential in legal analysis and constitutional interpretation, it has been
criticized for being too abstract and ignoring the moral and social
dimensions of law. Nevertheless, Kelsen’s work remains a cornerstone
in modern legal philosophy.

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Q# 10: Write a note on legal rights and legal duties in detail?

Introduction:

Legal rights and legal duties are fundamental concepts in the study of
law and jurisprudence. They form the foundation of every legal system
and define the relationship between individuals and the state, as well as
between citizens themselves. These concepts are closely related and
interdependent — where there is a right, there is a corresponding duty.
Understanding them is essential for interpreting laws, enforcing justice,
and maintaining order in society.

Meaning:

A legal right is an interest recognized and protected by law, which

allows an individual to take certain actions or expect others to behave
in a particular way.

A legal duty is an obligation imposed by law on a person to act or

refrain from acting in a certain way, usually to respect the legal rights
of others.

Definitions:

Legal Right:

1. Salmond:

“A right is an interest recognized and protected by a rule of right. It is

a legally protected interest.”

2. Austin:

“A legal right is a faculty which resides in a determinate party or parties

by virtue of a given law.”

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Legal Duty:

1. Salmond:

“A duty is an act or forbearance compelled by the state in respect of a

right vested in another.”

2. Pollock:

“Duty is the obligation to do or omit something which one ought to do

or forbear.”

Types of Legal Rights:

1. Perfect and Imperfect Rights:

o Perfect Rights are enforceable by law.
o Imperfect Rights cannot be enforced legally (e.g., moral
rights).
2. Positive and Negative Rights:
o Positive Rights require others to do something (e.g., right to
education).
o Negative Rights require others to abstain from doing
something (e.g., right to privacy).
3. Public and Private Rights:
o Public Rights are held by the public at large (e.g., right to
vote).
o Private Rights belong to individuals (e.g., property rights).
4. In Rem and In Personam Rights:
o In Rem rights are enforceable against the whole world.
o In Personam rights are enforceable against a specific
person.

Types of Legal Duties:

1. Positive and Negative Duties:

o Positive Duties require a person to perform an act (e.g., pay
taxes).
o Negative Duties require a person to abstain from an act (e.g.,
do not harm others).

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2. Moral and Legal Duties:

o Legal Duties are enforced by law.
o Moral Duties are based on conscience and social values but
not enforceable by law.
3. Absolute and Relative Duties:
o Absolute Duties are owed to the state or society (e.g.,
obeying laws).
o Relative Duties are owed to specific individuals (e.g.,
paying a debt).

Relationship Between Rights and Duties:

• Every right has a corresponding duty.

o f A has a right to property, then B has a duty not to trespass.
• This relationship ensures social harmony and legal balance.
• Legal rights cannot be enjoyed without respecting the legal duties
of others.

Conclusion:

Legal rights and duties are the two sides of the same coin in legal
philosophy. Rights empower individuals and protect their interests,
while duties ensure that individuals respect the rights of others. Their
mutual relationship creates a framework that upholds justice, fairness,
and the rule of law. A clear understanding of these concepts is essential
for any legal system to function effectively and justly.

Note:

Visit our YouTube channel for video lectures.

These are only short notes, thus may not cover all aspects of the syllabus of different universities.

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