Professional Documents
Culture Documents
Dated: 30-Nov,2021
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LAW
Introduction:
The term Law denotes different kinds of rules and Principles. Law is an
instrument which regulates human behavior. Law means Justice, Morality, Reason, Order, and
Righteous from the view point of the society. Therefore, Law is a broader term which includes
Acts, Statutes, Rules, Regulations, Orders, Ordinances, Justice, Morality, Reason, Righteous,
Rules of court, Decrees, Judgment, Orders of courts, Injunctions, Tort, Jurisprudence, Legal
theory, etc
Meaning of Law:
In old English Lagu i.e. law, ordinance, rule, regulation from old norse
“lagu” law collective plural of Lag is layer, measure, stroke literally something laid down of
fixed.
The term law has different meanings in different Places and societies at different times. In Hindu
religion law implies “Dharma”, In Muslim religion it is “Hokum”. Law differs from religion to
religion in the sense personal laws viz. Hindu law, Muslim law etc, differ from one another. The
law is subject to change with the change in society and also change in the Government through
the amendments.
What is law?
The law is a set of rules, enforceable by the courts, which regulate the government of the state
and govern the relationship between the state and its citizens and between one citizen and
another.
Definitions of Law:
Jurists have defined law differently from different point of views.
For the Purpose of clarity, some of the definitions given by Jurists in different Periods are
categorized as follows.
According to Austin:
“law is aggregate of rules set by men politically superior or sovereign to men as politically
subject.”
According to Woodrow, Wilson:
“Law is that portion of established habits and thoughts of mankind which has gained distinct and
formal recognition in the shape of uniform rules backed by the authority and power of the
government.”
Classification of Law
There are various ways in which the law may be classified; the most important are as follows:
i. International law
ii. National law
Civil law:
Most civil cases are settled out of court. If the claimant sues the defendant the case is
heard before a single judge who decides on fact and law in a civil court. If the judge finds
the civil case proven, they enter judgment for the claimant. They may make an order, e.g
an award of damages, against the defendant. If the judge does not find the case proven,
they enter judgment for the defendant.
Criminal Law:
The prosecutor prosecutes the defendant, or the accused, in a criminal court.
Criminal cases are heard without a trial if the defendant pleads guilty. If the accused
pleads not guilty, the case goes to trial. In common law countries, the jury decides issues
of fact for indictable offences and passes the verdict: guilty or not guilty. The judge rules
on points of law and passes a sentence on the defendant, e.g. a fine or a term of
imprisonment. If the judge and the jury find the case is not proven, they acquit the
defendant.
Conclusion:
Therefore, the above classification is neither universal nor exhaustive. Many other
Jurists have made classifications based on different principles. But these too have been made
keeping in view the law of a particular nation, therefore, they are not satisfactory and have no
wide application. A new classification necessary. In modern times, new branches of law are
fastly growing and developing. These laws are of such composite nature that they partake the
nature. With the change in the concept of the State and law many branches of private law have
shifted and have become part of the public law. Under these circumstances it is necessary to
make a comprehensive and complete classification which might cover the recent developments
of law for this purpose a very close study of the laws of various nations and various branches of
law must be made.