General Introduction to Law

LAW

Concept and meaning

The most essential component of the state is sovereignty without it sate cannot exist. In same way law is the central idea of sovereignty and of the justice. It is expressed through the law. Hence law is “the vehicle of the sovereignty.” The term law comes from the tutonic word lay which means fixed and uniformity. Law may be interpreted in various senses. In physical science it means a sequence of cause and effect. Laws of Gravitation, laws of chemical reactions etc are the law for the physical science. In social science it means the thing that controls the activities of human beings living in the society. The moral law represents about the thoughts and motives of the people. And political laws are laws regulating the behaviors of the people as a member of the society or state.

Definitions of law

There are number of definition regarding the term Law. Among them the most essential definition are follows which are mainly related with the meaning and nature of law. Law is the product of historical growth. It has evolved through a long period of time. There are differences of opinions about the meaning and nature and definition of law.

According to John Austin “Law is the command given by a superior to the inferior.”

According to Holland, “Law is a general role of external human action enforce by a sovereignty political authority.”

According to Salmond, “Body of principles recognized and applied by the state in the administration.”

              From the above discussion it may be said that law are not only the command of sovereignty but customs, morality, convention etc. Beside it is the law of the state which regulates the external activities of the people.

Source of law

The development of law or the legal system in its present from has been influenced by various factors. These factors are regarded as the sources of law which are as follows:-

1) Customs

2) Religion

3) Judicial decision

4) Scientific discussion

5) Legislation

6) Equity

 

1) Customs

 Customs is regarded as one of the more important and earliest source of law. In early society dispute were settled with the help of existing customs. Customs are those rules which are accepted by the people. Customs are not the law though it is recognized by the authority of the state. It has almost received the status of law. Today the customary laws are binding upon the people. All over the world customs and usages have been given great importance by law. These customary law are also knows as the conventional law.

2) Religion

Religion is another ancient source of law. In the primitive society customs were mixed with the religions prescription. Laws made by the king had a powerful religious sanitation behind them. Even in the modern times we cannot ignores the important of religion. There are different kinds of law Hindu law, Shaskrit law, Islam law etc.

3) Judicial Decisions

 It is also valuable sources of law. In some cases when there will be certain confusion in existing law regarding any cases on such situation the judgment made by the judges earlier on the same types of issues. It refers to decision made by court of law. This is also known as Case law.

4) Scientific Discussion

Scientific comments are made by the eminent jurist; experts, writers etc are also the important source of law. A commentary thus contributes to the development of law which helps to frame new principles and to serve as the basis of new concept. It helps to modify the old laws. They remove the ambiguity and deduce certain specific principles.

Sometimes the opinions of legal expert have been accepted as law on the issues in questions.

5) Legislation

Nowadays the legislation is the most important source of law. The law making is the main function of the legislation law of the parliament reflects the public opinion. The legislation passes most of the laws. Laws are enacted to suit the need of the people and the state.

6) Equity

Equity means the moral justice of which laws are imperfect in expression. The prevailing laws are not always sufficient for every case. Hence the judges decide such case on the principle of equity and justice of confine. Besides sometimes the sufficient facts may not be found in some case or sometimes the conditions of case or incident may complained the innocent person to be as culprit. In such cases the judges use their equity to decide the case.

 So, customs or traditions and the religions belief are the oldest source of law. Judicial decision come with the establishment of the state authority and will continue parallel with the existence of the state. Equity Legislation and Scientific discussion also follow with it but scientific discussion is the newly originated concept with the civilized advanced.

Types of Law

 Law is mainly divided into two types

1)Municipal or National Law

2)International Law

1) Municipal Law

 The municipal law is that kind of law which is kept or applicable to the people and the associations with in the territory of once sovereign state. The national law can be divided into the different types which are as follows:-

A) Constitutional law

b) Ordinary law

C) Public law

D) Private law

E) Administrative law

F) General Law

G) Statutes law

H) Ordinance law

I) Case law

J) Customary law

K) Criminal law

L) Religious law

 a) Constitutional Law

Constitutional law is one which is found in the form of the constitution may be written or unwritten. The constitutional law is the fundamental law. All other laws are made on the basis of constitutional law.

b) Ordinary law

 It is that type of law which is enacted by the legislation. It controls relationship between the citizens as well as between the rulers and the ruled.

c) Public law

Public law is also a part of ordinary law which determines the precious relationship between the government and citizen. It safeguards the freedom of the citizen.

D) Private Law

It is also the part of ordinary law. The main purpose of this type of law is to protect the liberty of the individual as well as the different organization.

E) Administrative Law

It is a body of special rules which are adopted for the settlement of dispute between the private citizen and government officials besides these types of law also safeguard the rights of liberties of government official.

F) General Law

The law which regulates the relationship between citizens and the state authority is called as the General Law. In general law customary law and religious law are related.

G) Statutes Law

 The laws which are enacted by the legislator of the state from time to time to suit the needs of the people are called as Statutes Law. Statutory Law is also framed to learn the daily routine of the government, semi-government and non-government, organization like parliament, school etc.

H) Ordinance law

The law which are made and declared by the executive branch of the government is known as the ordinance law. The law which are introducing by the executive branch of the government is known as Ordinance Law. Such laws are introduced to fulfill certain difficulties which were existing due to the absence of some necessary provision of law.

I) Case Law

 the law which are in the form of decision made by the judges due to the absence of law or complexity of law and the judges used to give their verdict on the principal of equity is known as the case law.

j) Customary law

The laws which are framed or introduced following the customs tradition and the  convention of the society is known as the customary law.

k) Criminal Law

 The laws which are made to control the criminal activities of the society is known as criminal law. Such laws are enforced such people who used to make the violent activities in the society.

l) Religious law

 The laws which are made by following the religious principles are known as the religion law.