Law
Law is a Persian word that has specific rules and regulations. The English
meaning of this word is ‘Law’. Law is used equally everywhere. The scholars
have defined law in many ways.
Aristotle says, “the expression of logic and reason in a society is the
law.”
According to Professor Holland, ‘Law is that general rule which controls
people’s and applied and established by the supreme authority’.
According to lawyer Samond, ‘Laws are some set rules designed by the state to
implement justice’.
Law determines the relationship between one with other individuals, between
individuals and the state and between states. In short, the law means the
accepted rules of the society approved by the state that controls the external
gesture of the people. Laws are made for the welfare of the people. Laws are
enacted and applied by the state or sovereign authority. Violation of the law
is liable to punishment.
Characteristics of Laws
Some fundamental characteristics of law are noticed. They are discussed below:
1) Statutory rules: Laws are the collection of some customs, norms and
rules.
2) Related to external behaviour: Laws control the external gesture and
activities. For example – if one defies the law, he gets punished. It keeps a
man abstain from doing crime for fear of punishment.
3) State approval and recognition: The rules and regulations approved
by the state are made into laws. In other words, the state has the authority
to make laws.
4) Savior of individual freedom: The law acts as the savior of the
individual’s freedom. For this reason, the law is called the foundation of an
individual’s freedom.
5) Universal: The law is universal. To the eyes of the law, all men are
equal. The law is applied equally irrespective of caste, religion, race,
tribe, gender, rich and poor.
6) Clear: The law will inevitably clear or else the innocent might be
harmed.
7) Changeable: The law will be changeable in terms of nation and
time.
Classification of law
The classifications of law are not certain. Many scholars have given various
opinions about this.
Professor Holland classifies law in two types:
1) Private law,
2) Government law
According to professor American socilogts RM McIver, laws are of two kinds –
1) National law, 2) International law.
He divides national law in two ways.
a) Constitutional law
b) General law.
Laws are six kinds according to origin –
1. Constitutional law
2. General law
3. Custom based general law
4. Laws formed by the Departmental Officer
5. Administrative law
6. International law
Laws are generally three kinds –
1. Public law
2. Private law
3. International law
1. Public Law: The laws enacted and applied by the government are
called government laws. To run the state, many kinds of laws have to form and
implement. The parliament formulates state – related laws. Public laws are as
follows –
a) Criminal laws: To carry out the judiciary’s role, these kinds of
laws are enacted. If an individual’s rights are violated, his or her rights
are protected by this law. Criminal law has been applied to maintain law and
order of society, keep the peace, ensure individual rights, and give
punishment.
b) Administrative laws: These laws are enacted to manage
organizations of the state and ensure services to the people and control the
activities associated with these.
2. Private law: Despite the law is not formulated by the state,
accepted by the society. The law is enacted and enforced to protect the
relationship between individual to individual and maintain society’s
discipline for example the law about agreement and deeds.
3. International laws: The laws made and applied to maintain relations
with one state with other states are called international laws. International
laws are dealing with how states will behave one another, how one state deals
with a citizen of other states, and finally, how international crises can be
solved.
Sources of Laws
There are several sources of laws. These sources are described below:
Customs: Rules that have been in vogue in a society for a long time are
called customs. Before the emergence of the state, people’s behaviour was
controlled by customs. After the emergence of the state, customs that received
state approval turned into laws. Many laws in the United Kingdom have been
created based on customs.
Religion: Religious edicts and scriptures are one of the sources of
laws. Every religion has its own rules to be followed by its adherents. These
edicts help to administer social life beautifully and in a disciplined way. As
a result, many aspects of these religious edicts have become laws by state
approval. For example- Muslim laws, Hindu laws etc. In our country, family
laws and laws related to property have been issued from the said two
religions.
Books of legal experts: When we read English stories, novels or
newspapers, we consult with English dictionaries or encyclopedias to find out
the meaning of an unknown world. Similarly, when judges found it challenging
to give their judgements, they sought help from other legal experts’
commentaries. These judgements later became laws. For example, ‘Law of the
Constitution’ by Professor Dicey and ‘Commentaries on the Laws of England’ by
Blackstone.
Judgements: When judges find it difficult to give their judgements
using an existing law, they depend on their intellect and conscience to
interpret the prevailing law and thus give a new judgement. Other judges as
laws later follow these judgements.
So, judgements are sources of laws.
Sense of Justice: Sometimes, no law exists to judge a case in court. In
that case judges resolve these cases by using their sense of justice. Later
on, these become laws.
Legislature: In modern times, the legislature is the primary source of
laws. In keeping with public opinion, legislatures of different countries
enact laws, amend old laws suitable to the changing context.
Rule of Law in Civic Life
The rule of law means nobody is above the law. Everybody is subjected to the
law. In other words, everybody is deemed equal in the eyes of the law. The
opportunity to get equal treatment for all the people in the eyes of the law
is said to be the rule of law.
Supremacy of law means everybody is subordinate to law. Equality by law is
understood as people get the opportunity to be treated as equal regardless of
their identities such as nationality, religion, gender and profession. As a
result, the rich and poor, the weak and the strong, get equal rights. If the
priority of the rule of law persists, the government shall refrain from
abusing laws and the people shall abide by legal regulations.
The importance of the rule of law is unlimited. Anarchy arises in society from
the absence of laws. Civic freedom, democracy, social values, equality do not
exist in society where the rule of law is absent. The rule fo law is a must
for establishing equality, freedom and fundamental rights.
The rule of law creates a good relationship between rulers and the ruled.
Government becomes stable and peace is established in the state. Suspicions,
movements and revolutions become inevitable in their absence. Disorder and
conflict weaken the firm basis of society. The differences between the rich
and the poor, the weak and the strong take deeper root in society.
Therefore, the rule of law is necessary for social equality, civic rights, a
democratic society and stable state system. The rule of law is an indicator of
a civilized society.
