Law: Meaning, Features, Sources and Types of Law
State is sovereign. Sovereignty is its exclusive and most significant component. it's the supreme power of the state over all its individuals and territories. The State exercises its sovereign power through its laws. the govt. of the State is largely machinery for creating and imposing laws.
Each law may be a developed can of the state. it's backed by the sovereign power of the State. it's a command of the State (sovereign) backed by its powerful power. each violation of law is chastised by the State.
I. Law: that means and Definition:
The word ‘Law’ adopted from the Teutonic word ‘Lag, which implies ‘definite’. On this basis Law is outlined as an explicit rule of conduct and human relations. It conjointly suggests that the same rule of conduct that is applicable equally to all or any the individuals of the State. Law prescribes and regulates general conditions of human action within the state.
“Law is that the command of the sovereign.” “It is that the command of the superior to Associate in Nursing inferior and force is that the sanction behind Law.” —Austin
“A Law may be a general rule of external behavior implemented by a sovereign political authority.” -Holland
In easy words, Law may be a definite rule of behavior that is backed by the sovereign power of the State. it's a general rule of human conduct in society that is formed and implemented by the government’ every Law may be a binding and authoritative rule or price or call. Its each violation is chastised by the state.
II. Nature/Features of Law:
Law is also a general rule of human behavior at intervals the state. It applies to all or any or any people of the state. All unit of measurement equally subject to the laws of their State. Aliens living at intervals the territory of the State are also certain by the laws of the state.
Law is definite and it is the developed will of the State. it is a rule created and enforced by the state.
State invariably acts through Law. Laws unit of measurement created and enforced by the government. of the State.
Sovereignty of State is that the premise of law and its binding character.
Law is backed by the powerful power of the State. Violations of laws unit of measurement invariably corrected.
Punishments are also prescribed by Law.
The courts settle all disputes among the people on the premise of law.
In each State, there is only 1 body of Law.
Legally, Law is also a command of the sovereign. In up to this point times laws unit of measurement created by the representatives of the those that represent the assembly of the State. Laws unit of measurement backed by on belief and public wishes.
the aim of Law is to provide peace, protection, and security to the people and to verify conditions for his or her all spherical development. Law together provides protection to the rights and freedoms of the people.
All disputes among the people unit of measurement settled by the courts on the premise of Associate in Nursing interpretation and application of the laws of the State.
Rule of law, equality before law and equal protection of law for all with none discrimination, unit of measurement recognized as a result of the salient choices of a up to date system and liberal democratic state.
III. Sources of Law:
Custom:
Custom has been one in each of the oldest sources of law. In past, social relations gave rise to several usages, traditions and customs. These were accustomed settle and decide disputes among the people. Customs were practiced habitually and violations of customs were rejected and punished by the society. at the beginning social institutions began acting on the premise of the many accepted customs.
Gradually, the State emerged as a result of the organized political institution of the people having the responsibility to require care of peace, law and order; naturally, it jointly began acting by making and imposing rules based totally upon customs and traditions. In fact, most of the laws had their birth once the State began dynamic the customs into authoritative and binding rules. Custom has been therefore a classy offer of Law.
faith and Morality:
Religion and non secular codes appeared naturally in each society once parentage began observant, enjoying and fearing natural forces. These were accepted as superior heavenly forces (Gods and Goddesses) and worshiped.
The non secular and ethical codes of a society provided to the State the obligatory material for regulation the actions of the individuals. The State regenerate many ethical and non secular rules into its laws. thence faith and Morality have place along been necessary sources of Law.
Legislation:
Since the emergence of legislatures in thirteenth century, legislation has emerged as a result of the chief provide of Law. traditionally, the State depended upon customs and so the decrees or orders of the King for regulation the behavior of the people. Later on, the assembly emerged as Associate in Nursing organ of the government.. It began reworking the customary rules of behavior into definite and enacted rules of behavior of the people.
The King, as a result of the sovereign, started giving these his approval. shortly legislation emerged as a result of the chief provide of law and so the assembly got recognition as a result of the Legal Sovereign i.e. law-making organ of the State. In up thus far times, legislation has come to be the foremost potent, prolific and direct provide of law. it's come to be recognized as a result of the chief suggests that for the formulation of the requirement of the State into binding rules.
Delegated Legislation:
Because of several pressing reasons like inadequacy of it slow, lack of expertise and exaggerated demand for law-making, the assembly of a State finds it essential to delegate variety of its law-making powers to the manager. the manager then makes laws/rules below this technique. it's referred to as Delegated Legislation. Currently, Delegated Legislation has come to be a huge provide of Law. However, Delegated Legislation invariably works below the superior law-making power of the assembly.
Judicial Decisions:
In up up to now times, due process of law has return to be an important provide of Law. it is the responsibility of the courts to interpret and apply laws to specific cases. The courts settle the disputes of the people in cases that precede them. the choices of the courts – the judicial selections, area unit binding on the parties to the case. These together get accepted as laws for future cases. but not all judicial decisions area unit laws.
Only the judicial decisions given by the apex court or the courts that stand recognized as a result of the Courts of Record, (like the Supreme Court and High Courts of India) area unit recognized and used as laws correct. Lower Courts can settle their cases on the premise of such judicial decisions.
Equity:
Equity suggests that fairness and sense of justice. it's jointly a offer of Law. For deciding cases, the judges interpret and apply laws to the actual cases. but laws cannot completely squeeze each case and these is silent in some respects. altogether such cases, the judges rely on equity and act in accordance with their sense of truthful play and justice. Equity is used to supply relief to the aggrieved parties and such selections perform the operate of parturition down rules for the long-standing time. as such equity acts as a offer of law.
Scientific Commentaries:
The works of eminent jurists invariably embody scientific commentaries on the Constitution then the laws of every state. These unit utilized by the courts for determinative the that means of law. It helps the courts to interpret and apply laws.
The jurists not exclusively discuss and create a case for the prevailing law but jointly advocate the long-standing time potential rules of behaviour. They jointly highlight the weaknesses of the prevailing laws additionally as a result of the ways that within which to beat these. Interpretations given by them facilitate the judges to interpret and apply Laws to specific cases.
The works of jurists like, Blackstone, Dicey, Wade, Phillips, Seeravai, B.Pi. Rau, D.D. Basu et al area unit invariably management in high esteem by the judges in state. Scientific commentaries jurists invariably facilitate the event and evolution of law. thence these jointly represent a provide of law. Thus, Law has several sources. However, in up thus far times law-making by the assembly constitutes the chief provide of Law.
IV. styles of Law:
Broadly speaking there unit of measurement a pair of main forms of Law:
(i) National Law i.e. the body of rules that regulates the actions of the people in society and it's backed by the powerful power of the State.
(ii) law of countries i.e. the body of rules that guides and directs the behavior of the states in mediation. it's backed by their disposition and consent that the states adapt rules of law of countries. it is a law among nations and is not backed by any powerful power.
National Law is that the law by that the people unit of measurement dominated by the state. It stands classified into several kinds:
Constitutional Law
normal Law:
It is stands classified into a pair of sub types:
2 (a) private Law
2(b) Public Law:
It stands another time sub-divided into a pair of parts:
2(b) (i) General law
2(b) (ii) law
Constitutional Law:
Constitutional Law is that the supreme law of the country. It stands written at intervals the Constitution of the State. The Constitutional Law lays down the organization, powers, functions and inter-relationship of the three organs of state. It together lays down the link between the people and thus the govt additionally as a result of the rights, freedoms (fundamental rights) and duties of the voters. it's referred to as the Law of the laws at intervals the sense all law-making at intervals the State is completed on the premise of powers granted by the Constitutional Law i.e. the Constitution.
civil law or traditional Law:
It is jointly referred to as the national law or the municipal law. it's created by the govt. . (legislature) and it determines and regulates the conduct and behavior of the people. It lays down the relations among the people and their associations, organizations, groups and institutions. The parliament makes laws, these are implemented by managers and judiciary applies these to specific cases.
Ordinary Law is assessed into a pair of parts:
2 (a) private Law and
2 (b) law.
2 (a) private Law:
Private Law regulates the relations among individuals. It lays down rules about the conduct of the individual in society and his relations with totally different persons. It guarantees the enjoyment of his rights. it's through this law that the State acts as a result of the arbiter of disputes between any a pair of individuals or their groups.
2 (b) Public Law:
The law that regulates the relations between the individual and so the State is law. it's created and enforced by the State on behalf of the community.
Public Law stands sub divided into two categories:
2(b)(i) General Law, and
2(b)(ii) body law.
2(b) (i) General Law:
It lays down the relations between the personal voters (Non-officials or World Health Organization are not members of the civil service) and so the State. General law applies to any or all or any the voters in their relations with the State.
2(b) (ii) body Law:
It lays down the foundations governing the exercise of the constitutional authority that stands delegated by the Constitution of the State to all or any or any the organs of state. It together governs the relations between the civil servants and thus the general public and lays down the relations between the civil servants and thus the State. In some States like France, law is pass by body Courts and General Law is pass by traditional courts. however in countries like state, Great Britain and thus the USA identical courts administer every the ultimate Law and law.
Clarifying the excellence between law and private law, Holland writes: “In private Law the parties concerned area unit private folks alone Associate in Nursingd between whom stands the State as associate degree impartial arbiter. publically Law collectively the State is gift as Associate in Nursing arbiter tho' it's at identical time one in each of the parties interested.”