- Law is a body of rules that govern human conduct. Law is the formulated will of the State. It is backed by state’s force. Laws are prepared and enforced by the government of the state.
- A state exercises its supreme power or sovereignty through law.Infringement of law entails punishment by the State. Rule of law, equality before law and equal protection of law are some of the important principles of a contemporary civil society.
- Law protects rights, solves disputes and seeks peace and development of the people residing in a territory.
- Analytical School believes that Law is the command of the sovereign or “the command of the superior to an inferior” and enforced by the coercive authority of the state.
- The Historical school of law believes that masses themselves are the law- makers. It postulates that habits, customs and traditions of the people give rise to Law.
- Sociological school views law in terms of a system needed for community living. As per this school law has emerged from the rational needs of human being.The
- Philosophical school’s chief concern is to develop the principles of justice in the society as a moral principle. On the other hand the Marxian School says that law is the reflection of the will and interests of the capitalist class.
- National Law is a group of statutes applied to a single country or nation within a specific territory.
- Constitutional law is the supreme law of the land. It is often written but can also be unwritten. All laws of the state are made on the basis of Constitutional Law.
- Ordinary Law is made by the government of the country. The legislature makes ordinary laws, the federal or central government executive implements it and the judiciary applies it to case as per requirement.
- Private Law is a part of the civil system which involves relationship between individuals. Administrative Law lays down the rules for government.
- International Law may be defined as the law that governs the legal relations between and among states and nations.
- Sources of law are custom, religion, legislation including delegated legislation, judicial decisions, fairness, and scientific commentaries of jurists.
Broadly speaking there are two main kinds of laws:
- National law is the body of rules which regulates the actions of the people in society and is backed by the coercive power of the state. And
- International law is the body of rules which guides and directs the behaviour of the members of the community of nations and is backed by the willingness and the needs of the civilised states to obey these laws. It is a law among nations and is not backed by any coercive power.
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Which of the following is not a source of law?Marks:1
There are different schools of thought and Ideologies in the world. A school of thought or an ideology may be a source of law in some country. But it is not essential to subscribe to an ideology to have laws. Even societies that do not profess any ideology have laws.
Which of the following is the most potent, prolific and direct source of law in contemporary times?Marks:1
In contemporary times, legislation has come to be the most potent, prolific and direct source of law. Legislation has come to be recognised as the chief means for the formulation of the will of the state into authoritative and binding rules/values.
Which of the following is wrong about religion as a source of law?Marks:1
The religion converted state laws as religious rules.
The religious and moral codes of a society provided to the state, the necessary material for regulating the actions of the people. The state converted several moral and religious rules into its laws.
The fountain source of law in India is the:Marks:1
The fountain source of law in India is the Constitution which, in turn, gives due recognition to statutes, case law and customary law consistent with its dispensations.
Explain any three sources of law?Marks:6
These are the major three sources of law, they are as follows:-
(1.) Customs: Customs are the oldest source of law. In primitive societies established customs were used to decide and settle disputes. Their violations entailed punishment by the society. In fact, most of the laws had their origin when the State began converting the customs into authoritative and binding rules.
(2.) Religion and Morality: Religion and religious codes naturally appeared in every society when humans started observing, enjoying and fearing natural forces. With every religion came rules of morality and codes of conduct. The State converted several moral and religious codes into laws.
(3.) Legislation: Since the emergence of legislatures, legislation has emerged as the chief source of Law. In contemporary times, legislation has been recognized as the chief means for the formulation of the will of the State into authoritative and binding rules/values. Presently, Delegated Legislation has appeared as a big source of law but it works under the control and superior law-making power of the legislature.