1.

1 MEANING AND DEFINITION OF declaration of an eternal and immutable

LAW moral code, or as a body of agreements of
men/women in politically
‘Law’ signifies a rule applied organized society, or as a reflection of
indiscriminately to all actions. It is a divine reason or as a body of commands of
notional pattern of conduct to which actions the sovereign, or as a body of rules
do or ought to conform. ‘Law’ is a large discovered by human experience, or a body
body of rules and regulations, based mainly of rules developed through juristic writings
on general principles of justice, fair play and and judicial decisions or asa body of rules
convenience and which have been worked imposed on men/women in society by the
out by governmental bodies to regulate dominant class, or as a body of rules in
human activities. In broader sense, ‘Law’ terms of economic and social goals of the
denotes the whole processby which individuals.
organized society, through government Therefore, Law can be defined
bodies and personnel (Law-makers, Courts, firstly - by its basis in nature, reason,
Tribunals, Law Enforcement Agencies and religion or ethics,
Executive, Penal and corrective Institutions secondly - by its sources like customs,
etc.) attempt to apply rules and regulations precedent and legislation,
to establish and maintain peaceful and thirdly – by its effect on the life of the
orderly relations amongst the people in the society,
society. fourthly – by the method of its formal
The idea of ‘Law’ as guide to human expression or authoritative application,
conduct is as old as the existence of the fifthly – by the ends that it seeks to
civilized society.The relevane of law to achieve.
human behavior has become so intimate Although, there is no general definition of
today that every person has his or her own Law which includes all the aspects of Law
conception about its nature which is yet for a general understanding, some of the
influenced, of course, by his/her own important definitions are as follows:
perspective. Not suprisingly the search for Aristotle It (perfect law) is inherent in the
an agreed definition of ‘Law’ has been an nature of man/woman and can be discovered
endless journey. through reason. It is immutable, universal
There have been conflicting and divergent and capable of growth.
views of jurists regarding the nature, Austin Austin says “Law is the command of
concept, basis and functions of Law. ‘Law’ Sovereign.” Rules laid down by political
has been regarded as a divinely ordained superiors to political inferiors. In other
rule or a tradition of the old customs or words, body of command by a sovereign
recorded wisdom of the wise men or member or members of an independent
philosophically discovered system of society wherein the author of law is
principles which expresses the nature of supreme.
things or as a body of ascertainments and
Paton According to Paton “Law consists of necessary. It helps in understanding the
a body of rules which are seen to operate as principles and logical structure of the
binding rules in the community by means of legal order. It makes clear the inter-relation
which sufficient compliance with the rules of rules and their effect on each
may be securedto enable the set of rules to other and it also helps in arranging the rules
be seen as binding.” in a concise and systematic way.

A.V. Dicey In the words of A. V. Dicey,

“Law is the reflection of Public opinion.”
Ihearing Ihreaing defines Law as “the form
of the gurantee of the conditions of life, of
society, assured by State’s power of
Constraints.”
Salmond Acording to Salmond, “Law is
body of Principles recognised and applied
Primarily, ‘Law’ may broadly be divided
by the State in the Administratiion of
into two classes:
Justice” i.e. principles recognized and
1. International Law:
applied by the State in the administration of
International Law is a branch of law which
justice.
consists of rules which regulate
Kelsen Norms of human behaviour or pure
relations between States or Nations inter se.
theory of law which provides that Law is
In other words International
pyramid of norms which has its genesis
Law is a body of customary and
from on ground norm e.g. Constitution of
conventional rules which are considered
India.
to be legally binding by civilized Nations in
Savigny Law is a matter of unconscious
their intercourse with each other.
growth within the community and can only
International Law is mainly based on
be understood in its historical perspective.
Treaties between civilized Nations.
[Savigny’s Volksgiest Theory of Law means
International law may be divided as follows:
will of the
(a) Public International Law
people.]
It is that body of rules which governs the
Roscoe Pound “Law is a social control
conduct and relations of
through systematic application of force in a
State with other States. For example the
politically organised society?” An
extradition treaty between
instrument to satisfy the maximum wants in
two states to bring back the fugitives.
a society with the minimum of friction and
(b) Private International Law
waste.
It means those rules and principles
according to which the cases having
1.2 CLASSIFICATION OF LAW
foreign elements are decided. For example if
For a proper and logical understanding of
a contract is entered into
Law, its classification becomes
in India between an Indian and a Pakistan It defines offences and prescribes
citizen, which is to be punishment for them. Its aim is
performed in Ceylon, then the rules and the prevention of and punishment for
regulations on which the rights offences because in civilized
and liabilities of the parties would be societies, ‘crime’ is considered to be a
determined is known as ‘Private wrong not against the
International Law’ individual but against the society.
2. Municipal Law or National Law: (b) Private Law:
Muncipal Law is that branch of Law, which This branch of law regulates and governs the
is applied within a State. It can relations of citizens with
be divided into two classes. each other. It includes Personal Law e.g.
(a) Public Law : Hindu Law and Muslim Law.
It regulates the organization and functioning Apart from these kinds of law, there are
of the State and some other varieties of law as follows:
determines the relations of the State with its Natural or Moral Law
subjects. It may be divided Natural Law is based upon the principle of
into three classes: right and wrong. It embodies the
i. Constitutional Law: principles of Natural Justice.
Constitutional Law is the basic or Conventional Law
fundamental law of the State. Conventional Law means any rule or system
It is a law which determines the nature of of rules agreed upon by persons
State and the structure for regulation of their conduct towards each
of the Government. It is superior to the other. For example, Indian Contract
ordinary law of the land Act, 1872 deals with the rules on making
because ordinary law derives its authority agreements.
and force from the Customary Law
Constitutional Law. Any rule of action which is actually
ii. Administrative Law: observed by men/women when a Custom
This law deals with the structure, powers is firmly established, is enforced by the State
and functions of the as law because of its general
organs of administration; the limits of their approval by the people.
power; the methods and Civil Law
procedure followed by them in exercise of The Law enforced by the State is called
their power; the Civil Law. The force of State is the
methods by which their powers are sanction behind this Law. Civil Law is
controlled, including remedies essentially territorial in nature as it applies
available to a person against them when within the territory of the State concerned.
his/her rights are infringed Substantive Law
by their operation. Substantive Law deals with rights and
iii. Criminal Law: obligations of the individuals against the
State and prescribes the offences and
punishments for the commission of such
offences. For example, India Penal Code,
1860 contains 511 Sections on various
offences and corresponding punishments for
those offences.
Procedural Law
It deals with the practice and procedure
having its objective to facilitate the
administration of justice. It is a process
necessary to be undertaken for
enforcement of the legal rights and liabilities
of the litigating parties by a Court
of Law. For example, the Criminal
Procedure Code, 1973 enshrines the
procedures to be followed to inflict
punishment on the wrongdoer.