Concept of Law

7/28/2019 Concept of Law

1/18

Concept of Lawand

Sources of Law


2/18

Law is a Social ScienceGrows and develops with the growth and development

of society New developments in society create new problems andlaw is required to deal with those problems


3/18

Definitions of Law AustinLaw is the command of the Sovereign.It is enforceable by a sanction

Roscoe PoundLaw is a social institution to satisfy social wants

SalmondLaw is a body of principles recognized and applied by the State in the administration of justice

MoultonLaw is the crystallized common sense of the community


4/18

Purpose of LawMaintenance of law and orderEnables individuals to have the maximum freedom to

assert themselvesMaximum satisfaction of the needs of the people


5/18

Object of lawObject of law is justice Justice operates at two different levels

Distributive justice serves to secure balance among themembers of a community Corrective justice serves to correct the dis-equilibriumcreated by a wrongful act


6/18

Kinds of LawInternational law Law of Nations

Public International Law Body of rules governing theconduct and relations of States with each otherPrivate International Law Rules and principlesgoverning cases having foreign element. Applies toindividuals and not to States


7/18

Municipal Law Law of the landPublic Law determines and regulates the organisationand functioning of the State and determines the relationof the State with its subjectsPrivate Law regulates and governs the relation of citizens with one another


8/18

Public LawConstitutional Law includes all rules which directly orindirectly affect the distribution or exercise of Sovereignpower of the State Administrative Law determines the organisation,powers and duties of administrative authoritiesCriminal Law defines offences and prescribespunishments for them


9/18

Private LawPersonal Laws

Law of Property Law of obligation

General Law Ordinary law of the landSpecial Law Legal rules which are special andexceptional in their nature


10/18

Kinds of Special LawLocal Law Law of a particular locality

Foreign Law Law of a foreign country

Martial Law Law applicable to soldiers as well ascivilians in times of war or tumult

Military Law applicable to soldiers alone


11/18

Elements of StateState is a people organised for law within a definiteterritory

Population No State without peopleTerritory People settling down on some definiteterritory constitute a StateGovernment It is the machinery through which theadministration of a country is carried on. It is outwardmanifestation of the StateSovereignty It is that which is absolute anduncontrolled within its own sphere


12/18

Functions of the StatePrimary War and administration of justice (Defence againstexternal enemy and maintenance of law and order within the country)

Secondary Legislation and Taxation (necessary for the welfare of the citizens)

The relation between State and Law is very close andintimateThe State manifests itself through law and law has itsimportance because it has the sanction of the State


13/18

Sources of LawLegislation Making of law by the formal and expressdeclaration of new rules by some authority in the body politic which is recognised as adequate for that purposePrecedent - Making of law by the recognition andapplication of new rules by courts themselves in theadministration of justiceCustomary Law Constituted by customs which fulfilthe requirements laid down by law as the condition for

their recognition as obligatory rules of conductConventional Law - It is that which is constituted by agreement having the force of special law inter partes


14/18

Legislation

Means the making of the Law or declaration of legalrules by competent authority Supreme legislation proceeds from the Sovereignpower in the StateSubordinate legislation proceeds from any authority other than the Sovereign powerControl over delegated legislation

Parliamentary control Judicial controlPublic opinion


15/18

CustomUniformity of conduct of all persons under likecircumstances

It is observed course of conductIt is a rule which has existed from time immemorialand obtained the force of law in a particular locality When same thing is done again and again in a

particular way, it assumes the form of custom


16/18

Precedent Judicial decision to which authority has been attachedThe reason why a precedent is recognised is that a judicialdecision is presumed to be correctUnder this rule, a principle of law which has become

settled by a series of decisions is generally binding oncourts and should be followed in similar casesThe doctrine has been recognised by the Constitution of India

Article 141 provides that the law declared by the SupremeCourt shall be binding on all courts in IndiaThe Supreme Court is free to depart from its previousdecisions if valid reasons exist for doing so


17/18

Substantive and Procedural LawsSubstantive Laws those which define rights, dutiesand liabilities

Substantive Criminal Law is contained in the IndianPenal Code and various Special and Local lawsSubstantive Civil Law is contained in Acts like IndianContract Act, Hindu Marriage Act, Transfer of Property Act etc.


18/18

Procedural Laws or Adjective Laws those whichdefine the pleading and procedure by whichsubstantive laws are applied in practice.

Criminal Procedure CodeCivil Procedure Code andIndian Evidence Act

are the examples of Procedural Law

Documents

Concept of Law