LLM Notes: Ten Bullet points on Dependency Theories - For Its Realization Justice Depends on Law, But Justice is Not the Same as Law

 1.       Legal Positivism Defined: Legal positivism asserts that the existence and content of law depend on social facts, not on its merits or alignment with ideals like justice or democracy.

2.       John Austin's Perspective: Austin emphasized the separation of law's existence from its merit, stating that whether a law exists is distinct from whether it conforms to a standard.

3.       Hans Kelsen's View: Kelsen argued for a "pure science of law," advocating a clear separation between law and justice, as justice is subjective and indeterminate.

4.      Justice and Law Differentiation: Justice is considered an ideal rooted in human morality, while law is a tool or instrument designed to serve justice but not synonymous with it.

5.       Justice Under Law: Kelsen acknowledged that justice under the law means applying legal rules consistently to all cases that fall under them, ensuring fairness in application.

6.      Judicial Discretion: Judges play a critical role in achieving justice by using their discretionary powers, sometimes bypassing rigid legal rules to avoid undue complexity and delays.

7.       Interdependence of Law and Justice: While justice relies on law as an instrument for realization, it is not entirely dependent on it; other factors also contribute to achieving justice.

8.      Statutes and Justice: Laws are created to facilitate justice, but judges can prioritize justice over strict adherence to legal principles when necessary.

9.      Law as a Support System: Law serves as a framework or support system for achieving justice, but it does not govern or dictate what constitutes justice.

10.   Judges' Role in Stability: The theory emphasizes that judges use their discretion to promote stability and fairness through justice, rather than being strictly bound by the letter of the law.