Law: It's Nature and classification


Law: its Nature and Classification:


Law is a system of rules that are created and in force to social or governmental I to Law is a system of rules that are created and enforced through social or governmental institutions to regulate behaviour. Law as a system helps regulate and ensure that a community shows respect and equality among themselves.

State enforced law can be made by a collective legislature or by a single legislator, resulting in  statutes, by the executive through decrease and regulations or established by judge through precedent, normally in common law jurisdictions.


Meaning and definitions of law:


  • According to Roscoe Pound, "law is the body of principles recognised or enforced by public and regular tribunals in the administration of Justice".
  • According to Austin, "law is the aggregate of the rules set by men as political superior or sovereign to men as politically subject".
  • In short, law is the command of sovereign. It imposes a duty and duty is backed by a sanction. He further said that there exist three elements in law:
  • 1. Command
  • 2. Duty
  • 3. Sanction

  • It is possible to describe law as the body of official rules and regulations, generally found in the constitutions,  legislation,  judicial opinions and like, that is used to Govern a society and to control the behaviour of its members, so law is a formal mechanism of social control.
  •  Legal systems are particular ways of establishing and maintaining social order.

Nature of law:


  • The word,"Law" is difficult to define, particularly as it is used in many different ways. It contains, however,
  • Concept of orderliness, Universality  and objectivity. It is concerned with behaviour and not with  causes and contains and elements of inevitability,  example: scientific laws, such as the law of gravity or of sanction, example: divine laws.
  • It shapes politics, economics and Society in numerous ways and serves as a social mediator of relations between people.
  • In the narrow concept of law, there must be a set of rules which can be applied objectively with someone to enforce them.
  • There have been many attempts to put these into a workable definition, some more successful than others. According to Salmond,
  1. "Law consists of any principle which is recognised and enforced by the courts and the administration of Justice".
  2. "A body of rules for the guidance of human conduct which are imposed upon and  enforced among the members of a given state".

Classification of law:
Search on segment refers to a types of  law.
They are as follows:
1. Imperative law:
It means rule of action imposed upon mere by some authority which  enforces obedience to it."In other words, it is a command enforced by some superior power either physically or in any other form of compulsion.

Following are the two types of imperative law
 Divine Law: It consists of the command imposed by God upon men either by threat or punishment or by hope of his blessings. Human Law: It is the law by analogy.

2.Physical or Scientific Law :
  • Physical law are expressions of the uniformities of nature and general principles that express regularity and harmony, which are observable in the activities and operations of universe.
  • They are not the creation of men and cannot be changed by them. Human laws changes from time and from country to country but physical law are invariable forever.
  • The uniform actions of human beings, such as law of Psychology, also falls into this class.
  • They express not what men ought to do but what they do.

3. Practical or Technical Law:
  • It consists of principles and rules for the attainment of certain ends, such as laws of health, laws of architecture. 
  • These rules guide us as to what we ought to do in order to attain certain ends, within this category, there are the laws of music and laws of style.

4. Natural or Moral Law:
  • "By Nature or Moral Law is meant the principles of natural right and wrong i.e. rhe principle of natural justice".
  • Natural law have been also called the following
  • Divine Law: Commands of god imposed upon men.
  • Law of Reason: As being established by which the world being governed.
  • Unwritten Law: As being written not on brazen tablets or on pillars of stone but by the finger of nature in the heart of people.
  • Eternal Law: It is being uncreated and invariable.
  • Moral Law: It is the empression of the principles of morality.

5. Conventional Law: 
  • It is the body of rules agreed upon and followed by the concerned parties to regulate their mutual conduct.
  • It is a form of special law for the parties , which can be made valid or enforced through an agreement. 
  • A good example of conventional law  is the law of cricket or any other game, rules of club. 
It has been further divided into two groups, which are as follows
- Rules enforced by the parties themselves but not recognised by the state like, the rules of hockey.
- Rules which are recognised and enforced by the state, like contract etc.

6. Customary Law: 
  • Customary laws are those rules of customs that are habitually followed by the majority of persons  subject to them in the belief of binding nature. According to Salmond, customary laws means " any rule of action which is actually observed by men", when a custom is firmly established.
  • It is enforced by the authority of the state. Custom is not law itself but an important source of law. Only those customs acquired the force of law which are recognised by the courts.

7. International Law: 
  • According to Hughes, " International  law is the body of principles and rules which civilised states consider as binding upon them in their mutual relations."It can be defined as "the name of the body of customary and conventional rules, which are considered legally binding by civilised states in their intercourse with each other".
  • According to Salmond," It consists of those rules which the sovereign states have agreed to observe in their dealings with one another." International agreements are of two types ,they are either expressed or implied.
  • Expressed agreement are contained in treaties and conventions; while the implied agreement are to be found in the customs or practice of the state.

International laws are divided into two types:
a. Public international law: It prevails universally in all over the world.
b. Private international law: It is enforced only between some of states.

8. Civil Law: 
  • It is the law of the states regarding the land. Civil law according to Salmond is "  the law of the state or the law of courts." It is the positive law of the land, which means the law as it exists. It is backed by the force and might of the state for purpose of enforcement. Civil law differs from special law as the sitter applies only in special circumstances. The other term used for the civil law is municiple law and national law.

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