KINDS OF LAW

19

5 Imperative law
Imperative kaw means any rule of action
authority which enforces obedience imposed upon men by some
to it. t is a command
person or persons to a course of conduct. In fact, which obligess a
it is the very essence of a
aw to be imperative, othewise it is not law.
but a rule which
may or may not be
obeyed
Now, imperative laws are of various
kinds. They are classified with
reference to the authonty from which they
proceed. They are, in the first place,.
either dvene or human. Divine laws consist of
the commands imposed by God
upon men and enforced by threats of
punishment in this world (or in the next)
Human law consists of imperative rules
kinds:
imposed upon men. They are of three
(a) Civil Law-which mainly consists of
to its subjects. and enforced
commands issued by the State
by its physical power
(b) The law of positive morality- which consists of the rules imposed
by society upon its members and enforced
by public censure or
disapprobation.
(c) The law of nations or
rules
International law-which ordinarily consists of
imposed uponStates by the society of States, and enforced
party by intermational opinion and partly by the threat of war.
6 Natural or Moral Law
By natural or moral law is meant the principles of natural right or
the principles of natural justice. wrong or

Right or justice is of two kinds: (a) natural or moral justice. and (b) positive Write a short note
legal justice. Natural justice is justice as it is in deed and truth- in its on Law accord-
idea. Positive justice is justice as it is conceived, perfect ing to justice.
more or less incompletely and
recognised and expressed M.U. Apr. 2008
inaccurately by the civil or some other form of
human positive law.
This concept may be classified by saying that natural justice is one meted
out by God or by Nature. Positive or legal justice is one administered
by man.
The forme, though often not administered (or invisible, if administered), is
perfect; the latter is necessarily imperfect.
Natural justice is the ideal and the truth, of which legal justice is the more
What is the rela
or less imperfect realisation and
expression. Legal justice and natural justice tionship between
represent two intersecting circles (see the figure below). Justice may be lega law and morality?
but not natural or moral, or moral but not legal, or both legal and natural. Natural (2 marks)
law has received several names, e.g., it is called the Divine Law or the Law of M.U. Nov. 2016

Reason, or the unwritten law or the Universal or the Eternal Law, and in the
moden sense, it is also called the Moral Law.
 JURISPRUDENCE

20

Natural and legal justice

AB B

A Natural Justice

B=Legal Justice
AB Natural and Legal Justice

notorious cheat. He borrows

Explain the This can be illustrated as follows: Z is a
note over which he
meanin9 and widow, 7 1,000 on a promissory
kinds of justice. om A, a poor ignorant instead of a revenue stamp.
Such a promissory note
12
M.U. Apr. 2012 atixes a postage stamp When sued, Z is likely to succèed on a point of law
is inadmissible in evidence.
is done, natural
(unless the widow proves fraud). Here, though legal justice
while coming out of the court
justice is not done to the poor widow. If, however,
after winning the case, Z is run over and is disabled for life, one could
by a car
would be a case of natural
say that God has punished him for his sins. That
justice, - and not legal justice.
Justice may, however, be and ordinarily is, both legal and natural, as
when a murderer is hanged, or a rapist would be castrated (under certain
ancient systems of law) or a "knifer is sentenced to whipping (under certain
systems of law). Here, Nature does justice through man.
The term 'natural law, in the sense in which it is referred to here, has
fallen out of use in the present times, for which there are two main reasons,
the first being that the term has become equivalent to physical law, ie., the
uniformity of nature. The second reason is that it brings with it certain misleading
associations, viz. the suggestion of common imposition, extenal authority
legislation etc., which are not in harmony with moral philosophy.
t may not be out of place to dwell,for a moment, on the words of ancient
writers which llustrate the meaning of the terms, law and natural law, as referred
to in those days.
ARISTOTLE: "Law is either universal orspecial. Special law consists of
the written enactments by which men are govened. The universal law consists
of those unwritten rules which are recognised among all men. Right and wrona
have been defined by reference to two kinds of law. special law is that which is
established by each society for itself. The universal law is that which i
conformable merely to Nature."
JUSTINIAN: "Natural law (jura naturalia), which is observed equall
all nations, being established by divine providence, remains forever