Home       Top Rated       Submit Article     Advanced Search     FAQ       Contact Us       Lawyers in India       Law Forum     RSS Feeds     

Register your Copyright Online

We offer copyright registration right from your desktop click here for details.

Latest Articles | Articles 2014 | Articles 2013 | Articles 2012 | Articles 2011 | Articles 2010 | Articles 2009 | Articles 2008 | Articles 2007 | Articles 2006 | Articles 2000-05

Search On:Laws in IndiaLawyers Search

Mutual Consent Divorce in Delhi
We provide fast, cost effective and Hassle free solution.
Contact us at Ph no: 9650499965 (Divorce Law Firm Delhi)

E-mail login                       Password
     

Free Email Sign Up

Main Categories
 Accident Law
 Arbitration
 Aviation Law
 Banking and Finance laws
 Case Laws
 Civil Laws
 Company Law
 Constitutional Law
 Consumer laws
 Contracts laws
 Criminal law
 Drug laws
 Dubai laws
 Educational laws
 Employment / Labour laws
 Environmental Law
 family law
 Gay laws and Third Gender
 Human Rights laws
 Immigration laws
 Insurance / Accident Claim
 Intellectual Property
 International Law
 Juvenile Laws
 Law - lawyers & legal Profession
 Legal Aid and Lok Adalat
 Legal outsourcing
 Media laws
 Medico legal
 Miscellaneous
 Real estate laws
 Right To Information
 Tax Laws
 Torts Law
 Woman Issues
 Workplace Equality & Non-Discrimination
 Yet Another Category

More Options
 Most read articles
 Most rated articles

Subscription
Subscribe now and receive free articles and updates instantly.

Name
Email



Copyright Registration

To Copyright Your Books, Videos, Songs, Scripts etc
Call us at: 9891244487 / or email at: admin@legalserviceindia.com
Top Law Colleges

Law Updates:

# Income-Tax
# Family law
# Company Law
# Constitutional Law
# Partnership firms
# Immigration Law
# Cyber Law
# Lok Adalat, legal Aid & PIL
# Forms
# Trademarks
# Woman issues
# Medico Legal
# Consumer laws
# Criminal laws
# Supreme Court Judgments


Published : August 29, 2011 | Author : amol.rml
Category : Case Laws | Total Views : 6722 | Rating :

  
amol.rml
Amol Khanna *** 1st Year student, Dr.Ram Manohar Lohiya National Law University, Lucknow.
 

Open Texture of Law and Hard Cases

Law is a set of rules which governs and guides human conduct. Law is said to have an “Open texture”. By referring law to have an “Open texture”, it is meant that law is indeterminate and vague. There can be many interpretations of a law depending upon various factors. As Hart puts it, “Whichever device, precedent or legislation, is chosen for the communication of standards of behavior, these, however smoothly they work over the great mass of ordinary cases will, at some point where their application is in question, prove indeterminate; they will have what has been termed as open texture.” The phrase ‘open texture’ is an analogy with the texture of fabric where there is scope for inserting strands in several possible ways.

There are many sources of law such as the Grund norm, customs, etc. One of the most important sources of law is case law. Case law is a set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law. The need of case laws and their influence on law shows evidently that law has an open texture. Since law is vague, the purpose of case law is to render vague standards determinate, whether such standards are contained in legislation or case law itself.

Law is expressed in general terms. For example Article 21 of the Indian Constitution which states ‘No person shall be deprived of his life or personal liberty except according to procedure established by law’. This is stated in general terms. The words and phrases ‘life’, ‘personal liberty’, ‘procedure established by law’ have an open texture. These can be interpreted in different ways depending upon the limitations of language, place and time, the societal acceptance, etc. Similarly, the phrases ‘reasonable care’ and ‘reasonable forseeability’, often used in Law of Torts, have an open texture or can be interpreted in different ways depending upon the various factors.

‘Hard cases’ are those situations where there is a great deal of confusion as to what law means or what the general terms that have been used in law mean. Hard cases require authoritative adjudication which must be done by either judges or officials. This is in contrast to the ‘Plain cases’, where more often than not, it is clear what is meant by the law.

Law has to have the open texture because nobody can predict the future exigencies and depending upon the changing times, the perception of law changes. Hence the importance of open texture of law. It is better not to give concreteness to a particular law in absolute terms and it is desirable to leave open such cases for future determination on a case by case basis.

Some examples of open texture would include Article 25 of the Indian Constitution which deals with the freedom of conscience. Here, the meaning of the word ‘conscience’ is unclear and can be dealt with in different ways.

Thus, it can be said that in most of the cases, law is indeterminate and vague. Due to this, law has an open texture and to give it clarity and determinacy, case laws are important.

Authors contact info - articles The  author can be reached at: amol.rml@legalserviceindia.com




1 2 3 4 5
Rate this article!     Poor
Excellent    

Most viewed articles in Case Laws category
Indra Sawhney & Others Vs.Union of India
Scope of Part I of Arbitration & Conciliation Act
Bangalore Water Supply Case
ONGC v Saw Pipes
H.L.A Hart
Neha Bhasin v/s.Raj Anand Raj & Performer
Vodafone Case
K.M.Nanavati V. State of Maharashtra
Case Comment on Priyadarshini Matoo case
A Misinterpretation & Un-Called Construction Of Section 114 Of Evidence Act: Live-In-Relationship
Indian Medical Association V V.P. Shantha
A.K Kraipak v. Union of India
His Holiness Keshvananda Bharti vs State Of Kerala with reference to Agrarian Reforms in India
Post Decisional Hearing: Development through Judicial Pronouncement and case study of Canara Bank v. V.K.Awasthi, 2005 (6) SCC 231
A Case Study on R. Rajagopal alias R.R. Gopal and Another Vs. State of Tamil Nadu
Workmen Of Dimakuchi Tea Estate V. The Management of Dimakuchi Tea Estate
Most recent articles in Case Laws category
Leopold Cafe and Stores v/s Novex Communications Pvt Ltd
Mahendra And Mahendra Paper Mills vs Mahindra And Mahindra Ltd
Acharya Jagdishwaranand Avadhuta and Ors v. Commissioner of Police
Judgments on Bombay Rent Act
Basic Principles of Law of Injunctions in India
Mrinal Kanti Ghosh v UOI
Constitutional vires of laws relating to Organized Crime: State of Maharashtra v. Bharat Shantilal Shah and Ors
A benchmark in history of the Indian Constitutional Law
Indra Sawhney & Others Vs.Union of India
Appellate Jurisdiction of Supreme Court - Kailas & Ors. v/s State of Maharashtra and Taluka P.S
K.M.Nanavati V. State of Maharashtra
Secretary General, Supreme Court of India v. Subash Chandra Agarwal
Afcons infrastructure and Ors. v. Cherian Verkay Construction and Ors
Right to privacy under Article 21: A Case study
A.K Kraipak v. Union of India
The administrative aspect of Ramana Dayaram Shetty v. The International Airport Authority of India & ors.

Article Comments

there are no comments...

Post Your Comments
Name

Email

Your comments

Note : Your email address is only visible to admin, other members / users cannot see it.

You can use following FXCodes


BOLD : [b]
Italic : [i]

[b] Legal Services India [/b] is a [i]nice website[/i].
[url= http://www.legalservicesindia.com/article/ ]click here to visit.[/url]

Legal Services India is a nice website.
Click here to visit

 

Note : Currently, user comments are moderated and will be posted only after approval.



Welcome!
Please login or register a new free account.

Random Pick
Since a cheque is meant to replace money, people must have trust in it. Therefore the United Arab Emirates penal law levied a punishment against anyone issuing insufficient funds its due date. Such a crime is known as the bounce cheque crime.

Statistics
» Total Articles
1373
» Total Authors
3979
» Total Views
15443688
» Total categories
40

Law Forum


Legal Articles

Lawyers in India- Click on a link below for legal Services

lawyers in Chennai
lawyers in Bangalore
lawyers in Hyderabad
lawyers in Cochin
lawyers in Pondicherry
lawyers in Guwahati
lawyers in Nashik

lawyers in Jaipur
lawyers in New Delhi
lawyers in Dimapur
lawyers in Agra
Noida lawyers
lawyers in Siliguri

For Mutual consent Divorce in Delhi

Ph no: 9650499965
For online Copyright Registration

Ph no: 9891244487
Law Articles

lawyers in Delhi
lawyers in Chandigarh
lawyers in Allahabad
lawyers in Lucknow
lawyers in Jodhpur
Faridabad lawyers

lawyers in Mumbai
lawyers in Pune
lawyers in Nagpur
lawyers in Ahmedabad
lawyers in Surat
Ghaziabad lawyers

lawyers in Kolkata
lawyers in Janjgir
lawyers in Rajkot
lawyers in Indore
lawyers in Ludhiana
Gurgaon lawyers

TOP

India's Most Trusted Online law library
Legal Services India is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2016
 ISBN No: 978-81-928510-1-3