General introduction to Law


Law
Concept of Law
The most essential component to state is sovereignty the state cannot exist without it. In the 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”.
Meaning and Nature of Law
The term “Law” derived from the Tutonic word “Lag” which implies fixed or uniformity. Law may be interpreted in various senses.
In Physical science, it means the sequence of cause and effect. “Law of Gravitation” “Law of Chemical reaction” etc. is the law for Physical Science.
In Social Science, it means the thing that controls the activities of human being living in a society. The moral law regulates the thoughts and motives of the people.
In Political Science, it means it regulate the men’s behavior as the member of the state.
Definition of Law
Law is the product of historical growth. It has evolved through a long period of time. There are different opinion about the meaning, nature and the definition of law.
According to John Austin,
                                         “Law is the command given by superior to the inferior.”
According to Holland,
                                   “A law is a general role of external human action enforce by a sovereign political authority.”
According to Salmond,
                                    “Body of principles recognized and applied by the State in the administration.”
Source of Law
The development of law or the legal system in its present form has been influenced by various factors. These factors are regarded as the sources of law which are as follows.
Customs
Religion
Judicial decision
Scientific decision
Legislation
Equity
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 rule 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 laws are also known as the conventional law.
Religion
Religion is another ancient source of law. In the primitive society customs were mixed with the religious prescription laws made by the king had a powerful religious sanction behind them. Even in modern times we cannot ignore the importance of religion. There are different kinds of law, Hindu Law, Muslim Law etc.
Judicial Decisions (Precedent)
It is also a valuable source of law. In some cases when there will certain confusion existing a law regarding any cases on such situation the judgments made by the judges earlier on the same type of issues.
It refers to decision made by court of law which is also known as case law.
Scientific Decision
Scientific comments are made by eminent jurist; experts, writers etc. are also the important source of law. Commentaries thus contribute 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.
As Appadori has said that, “The opinions of learned writers on law have often being accepted as correct law.” Sometime the opinion of legal expert has been accepted as law on the issues in questions.
Legislation
Nowadays the legislation is the most important source of law. The law making is the main function of the legislation passes most of the laws. Laws are enacted to suit the need of the people and the state.
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 conscience. Besides sometime the sufficient facts may not be found in some case or sometimes the condition 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 tradition and the religious 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
Laws are mainly dividing into two types
Municipal law
International law
Municipal law is that type of law which is applicable to the people association, organization within the territory of a certain State.
The Municipal law or the national law also can be divided into the following types:-
Constitutional law
Ordinary law
Private law
Public law
Public law also can be divided into two types which are as follows
Administrative law
General Law
The General Law also has the following types.
Statutes law
Ordinance law
Case law
Customary law
Religion law
Criminal law
Civil Law


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