LAW AND HEALTHAN INTRODUCTION TO SYSTEMS

V.NAGARAJ Professor of law National Law School of India University Nagarbhavi Bangalore-560072 vnagaraj@nls.ac.in

What is Law
1. Law is a command laid by a political sovereign and it is enforceable by sanction-Positive Law This definition is more concerned with the process of law making than the content Adopting this to the present day law is expression of the will of the State through the medium of legislature To Austin, political Sovereign is any person or body of persons to whom the bulk of political society habitually obeys and does not himself obey some other person or persons

 What about customs, contracts, international law, Common law,etc which is being fallowed by nation states? Positivists answer this question-these are laws impliedly endorsed by the sovereign

2. Law is dictate of reason-Natural Law Law consists of rules in accordance with reason and common sense which are based on human nature Law has to confirm to the principles of justice and morality Man has certain basic requirements-live as a human being and realize the full potential bestowed on him by nature

 To meet these requirements rules/law is made If the law made is against human nature it is bad law Law should facilitate the development of full potential of a humanbeing

3. Law as a practice of Courts All laws however made are recognised and administered by the Courts Here the Sovereign is the Court-it is for the courts to say what is the meaning of law Courts put life in to the dead letter of law Life of law has not been logic but experience

 All the above theories of law are agreeing on one point that law consists of a set of rules Rules are regarded by the positive law as command of the Sovereign Rules are regarded by Natural law as dictate of reason Rules are regarded by legal realism as a practice of Courts All the theories put together explain the source, content and reality of what law is

Sources of Law
1. Constitution including amendments 2. Legislation-Statues or Acts-union list; state list; Concurrent list 3. Delegated legislation-Rules made under a statute; rules made by an association, Rules made by a Company 4. Case law or Precedent-Article 141 of the Constitution law laid down by the S.C is law of the land 5. Contracts 6. International Law 7. Customary practices