Conclusion: -
In modern times, legislature is the most important source of law.
But the content of law is determined by several above factors,
Table
Sources of Law
Customs Religion Judicial Scientific Equity Legislation Ordinance Philosophical decisions commentaries view joints
The Analytical The Historical The sociological The philosophical communist view view view view view
Check your progress:-
1) Explain various sources of law.
2) Write on different views about the sources of law.
3) Discuss legislature is the main source of law?
Political Law
National law International Law
Constitutional Law Ordinary Law
Private law Public Law
Administrative General Law Law
1. International Law: It regulates the relations between the states.
It lays down the rules of behavior of one nation state with another. It is not the creation of any sovereign law making body. The states voluntarily accept this law. No state can be forced to obey international law. It is only the moral binding which makes them accept and obey the law. This is because in contemporary world politics each nation state is sovereign. International law can only request but not compel. It is entirely up to the government of nation states to decide whether the law will be followed or not. In the event that it is not followed no international body can penalize the nation state.
2. National Law: - National law is created by the state. It governs the relation of the individual with the states, as well as relation of the individual with other individuals. It is uniformly applicable to all individuals and associations. It is compulsory for all. Force is the sanction behind national law. Anybody disobeying the national law is punished. National law is created by the Legislature, implemented by the Executive and interpreted by the Judiciary.
Hence it is backed by the state, and its organs, as well as the coercive authority of the police and security. Individuals are expected to know the laws of the state. They can not plead ignorance about it.
3. Constitutional Law: - National law is further classified into constitutional law and ordinary law. Constitutional law flows from the constitution of the state. It is the basic and fundamental law of land. It determines the structure, functions of the state, nature and scope of governmental authority, fundament rights and duties of the citizens. The government derives its authority from the
constitutional law. It may be enacted or evolved. It may be written or unwritten e.g. It is written in India, USA and unwritten in England.
4. Ordinary Law: -
Ordinary law is also a branch of national law. It is also known as statutory law. It is passed by the state legislature. It is subordinate to constitutional law. It is prepared as per the necessity; generally it is prepared keeping in mind the basic principles of the constitution.
It governs the relationship between the people and the government.
It is divided into private law and public law.
5. Private Law: - It governs the relationship between individuals e.g. marriage, divorce laws.
6. Public Law: - It includes all laws that govern the interaction of one citizen with another in the public sphere or the interaction of a citizen with a public entity such as employers and business houses.
It deals with the structure and functions of the state. It defines the relationship of the state with its citizens. The individual has to obey public laws.
7. Administrative Law : - It deals with the relationship between the state and its officials. It comprises those laws that regulate the relationship between government officials and the state. It decides the powers and responsibilities of government employees, cases against government employees are run in the administrative courts and judgments are given as per administrative law.
8. General Law: - It deals with the relationship between the private citizens and the state. These laws are classified on the basis of their source or the manner in which they are prepared. Thus they are:-
1. Constitutional Law 2. Common Law 3. Statute Law 4. Ordinance 5. Case Law
6. Administrative Law 7. Initiative
8. International Law
Out of these we have already studied constitutional law, statute law, administrative law and international law.
Common law:- These laws are derived from customs, traditions, usages etc. It evolves over a period of time. Many times there is no formal documentation of common laws, e.g. In England.
Ordinance: - It is issued by highest executive authority e.g. In India the President can issue an ordinance, in case of emergency, when the Parliament is not in session. It lasts for six months.
Case Law: - When the judges give judgment on cases that come to them keeping in mind the principle of equity, it creates case law.
Such judgments are used in similar cases later on.
Initiative: - These laws are proposed or initiated by the electorate.
It is the sign of a mature and enlightened citizen. The democracy can be said to be really meaningful in such a state.
Importance of Laws: -
It means purpose and necessity for obeying laws.
1. A law expresses the sovereignty of the state: - Barker states
“The state exists for law, in law, through law and as law”. For meaningful and successful functioning of democracy, it is essential to obey laws.
2. A law regulates human behavior and social interactions: -Law is essential for maintaining peace, order and stability in the society. Laws are created keeping in mind the interest of sections of people. Without law there will be anarchy in the society. Man is a social animal, He lives in a civil society. When he is living in such society, it is necessary to control his behavior. This function of regulatating his behavior is done by law.
3. Law protects the weak: - It curbs the activities of anti-social elements. The objective of law is creation of such an atmosphere, where there is no fear. In a democracy, it is expected that people participate freely in the affairs of the state. If there is no law, the weak, poor and powerless will not be in a position to participate in the affairs of the state. The state functions through law and makes sure that the weaker section is protected. Without law there is no liberty. Purpose of law is to protect liberty of the people.
4. A law enables civilization to progress: - It the state wants to proceed rapidly on the path of economic development peace is essential. In the absence of social security, peace development is impossible. Hence respecting laws is essential for national development. The state uses law as a tool to bring about progressive developments in the social, economic, political and technological spheres.
Conclusion:
Law is found in all modern societies and is usually regarded as the bedrock of civilized existence.
Check your progress: -
1) What do you mean by national law?
2) Give the meaning of International law.
3) Write a note on constitutional law.
4) Explain various types of ordinary laws.
QUESTIONS
1. Define law and briefly examine the sources or law 2. Examine the different types of law
3. Define law and discuss its nature