Human Rights and Fundamental Rights

Topic: Define Law. Explain FOUR Kinds of Law.

The definition of word Law is the Most discussed question in jurisprudence. The term ‘Law’
may be defined from the point of view of the theologian, the historian, the sociologist, the
philosopher, the political scientist, or the lawyer.  Law may be defined firstly by its basis in
nature, reason, religion or ethics, secondly, by its source, in Custom, precedent, or legislation,
thirdly, by its effects on the life of the society, fourthly, by the method of its formal
expression or authoritative application; fifthly, by the ends that if seems to achieve.

Definition of Law:

Salmond defined Law as “the body of Principles recognized and applied by the State in the
administration of Justice.”

Explanation:
- Body of Principles: Set of Rules.

- Recognized: Passed by competent authority, Parliament, President or Governor.

- Applied: enforce.

- State: States is a legal person  State runs according to Constitution and Government is only
an instrument.
 
 
Austin defines Law as “Law is the aggregate of rules set by men as Politically Superior, or
sovereign, to men as politically subject.” Law is the Command of the Sovereign.  It imposes a
duty and is backed by sanction.  Command, duty and sanction are the three elements of Law.
KINDS OF LAW:

1. Imperative Law:
According to Salmond: “Imperative law means a rule which prescribes a general course of
action imposed by some authority which enforces it by superior power either by physical
force or any other form of compulsion.”  The chief advocate of imperative law is Austin who
defines law as a command which obliges a person or persons to a course of conduct.
It is in the very nature of law to be imperative, otherwise it is not law but a rule which may or
may not be obeyed.  Imperative laws have been classified with reference to the authority from
which they proceed.
The characteristic of imperative law is that it should be enforced by some authority.  The
observance of law must not depend upon the pleasure of the people.  Law has to be enforced
by the machinery of the State.  The source of law is not consent, custom or reason but the
strength of the State.

2. Customary Law
Customary law means such rules of custom as are habitually being followed by the majority
of persons, subject to them since a long time in the past and are expected to be followed in
the future as well in the belief of their binding nature.  “Such laws derive their force from the
long course of past conduct resulting in the same uniformity of action in given set
circumstances.” To be brief customary law is based on reasonable well-recognised customs
which have stood the test of time.
Custom should not, however, be understood to be the same as customary law.  Custom itself
is not the law.  It is merely a source of law.  Only such customs acquire the force of law as
are recognized and enforced by the Courts.

3. Conventional Law
According to Salmond, conventional law means “any rules or system of rules agreed upon by
persons for the regulation of their conduct towards each other.”  It is law for the parties
whose subscribe to it.  Examples of conventional law are the laws of cricket or any other
game, rules and regulation of a club or any other voluntary society.
 
4. International Law
According to Salmond, International law as “those rules which govern sovereign States in
their relations and conduct towards each other.”  Oppenheim, Wheaton and Hall hold the
view that international law is law proper.  The law is given by the body of nations; the rules
are based either on customs or on agreements of the States; and consent of the international
community is the sanction behind their enforcement.  Their view is that if there is no
international machinery for the enforcement of such laws, this is a matter of mere detail, and
does not bereave the international rules of their legal character.
 
 Hassan Javed Malik.
0300.9432038
H55s50@hotmail.com