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The word ‘Law’ has been derived from the Teutonic word ‘Lag, which

means ‘definite’. On this basis Law can be defined as a definite rule of conduct
and human relations. It also means a uniform rule of conduct which is applicable
equally to all the people of the State. Law prescribes and regulates general
conditions of human activity in the state.

According to Austin, “Law is the command of the sovereign.” “It is the


command of the superior to an inferior and force is the sanction behind Law.”

According to Holland, “A Law is a general rule of external behaviour


enforced by a sovereign political authority.”

In simple words, Law is a definite rule of behaviour which is backed by the


sovereign power of the State. It is a general rule of human conduct in society
which is made and enforced by the government’ Each Law is a binding and
authoritative rule or value or decision. Its every violation is punished by the state.

Sources Of Law:

1. Custom:
Custom has been one of the oldest sources of law. In ancient times, social
relations gave rise to several usages, traditions and customs. These were used to
settle and decide disputes among the people. Customs were practiced habitually
and violations of custom were disapproved and punished by the society. Initially
social institutions began working on the basis of several accepted customs.
We have many customs which were neither created nor inspired by the
state. For example, institutions of marriage and family, based on custom are
certainly prior to the state. State may make laws to regulate these institutions
with the changing needs and levels of consciousness.

2. Religion:
Religion determined not only the modes of worship but alsoa good deal of
custom regulatingsocial life. In a traditional society, the close links between the
priest and the king are an ample proof of close relations between religion and
politics. Ancient Roman law is largely grounded in a set of religions rules. Ancient
Indian codes of law cannot be distinguished from scriptures. Hindus and Muslims
in India even today have their separate personal laws based on their religious
beliefs and practices, particularly for regulating marriage and inheritance.

3. Judicial Decisions:
In contemporary times, Judicial Decision has come to be an important
source of Law. It is the responsibility of the courts to interpret and apply laws to
specific cases. The courts settle and disputed of the people in cases that come
before them. The decisions of the courts – the judicial decisions, are binding on
the parties to the case. These also get accepted as laws for future cases. But not
all judicial decisions are laws.

Only the judicial decisions given by the apex court or the courts which
stand recognized as the Courts of Record, (like the Supreme Court and High
Courts of India) are recognized and used as laws proper. Lower Courts can settle
their cases on the basis of such judicial decisions.

4. Equity:
Equity means fairness and sense of justice. It is also a source of Law. For
deciding cases, the judges interpret and apply laws to the specific cases. But laws
cannot fully fit in each case and these can be silent in some respects. In all such
cases, the judges depend on equity and act in accordance with their sense of fair
play and justice.
Equity is used to provide relief to the aggrieved parties and such decisions
perform the function of laying down rules for the future. As such equity acts as a
source of law.

5. Scientific Commentaries:
Many jurists use scientific commentaries to make some laws better or we
can say to develop and evolve laws jurist need these scientific commentaries.
Jurist points out problems and strengths of the law and help this law to become
stronger. The opinion given by this jurist is then used as a reference to make a
decision on certain cases.
6. Legislation:

Since the emergence of legislatures in 13th century, legislation has


emerged as the chief source of Law. Traditionally, the State depended upon
customs and the decrees or orders of the King for regulating the behaviour of the
people. Later on, the legislature emerged as an organ of the government. It began
transforming the customary rules of behaviour into definite and enacted rules of
behaviour of the people.

The King, as the sovereign, started giving these his approval. Soon
legislation emerged as the chief source of law and the legislature got recognition
as the Legal Sovereign i.e. law-making organ of the State. In contemporary times,
legislation has come to be the most potent, prolific and direct source of law. It has
come to be recognized as the chief means for the formulation of the will of the
State into binding rules.

7. Delegated Legislation:
Due to less time, fewer people with professional skills and quick need of
laws to exercise the state gave rise to the delegation of legislation. The state got
an emergency to make laws as quickly as possible as it cannot rely on one specific
legislation. So the power to make law was divided into different executives for
easy, fast and smooth lawmaking process. Now it serves as a giant source of law.

Types of Law:

There are two main categories if law 1. International law 2. National law.

National Laws: the set of rules which look after the activities of people in society
through the power of the state.

National law is further classified in two:


1. constitutional law and
2. Ordinary law.

1. Constitutional law is a form of law which decides the roles, rights, and
structure of all bodies present in a state. Mostly it is in written form and
stands supreme in the law of the country. It decides how each party of
government will function and decides rights and duties of the citizens. What
is said of constitutional law will be followed by the state and further by the
people.
2. Ordinary law: it has two subdivisions i.e (i) private law (ii) public law.The
ordinaryy law is said to be the national law. It looks after the behavior of the
people present in the state. It is passed by the legislature and decides roles
of different executives, organizations, institutions etc and then further
judiciary acts upon them.

(i) Private law: as the term says private this law look after the relations between
individuals. It sets some rules which are for each individual in regards to one
another. It ensures that each individual has equal rights. It is the state who solves
the issues among individuals or groups.
(ii) Public law: this law looks after the affairs of the people of the state and the
state itself. The community decides the state and then state formulate and set
these laws for all.

Public law is further divided into two categories (i) General law (ii) Administrative
law

(i) General Law: it decides the relation with those citizens who do no hold any
official position in state also known as private citizens. General public laws are
formulated for all the citizens of the state who holds direct relation with the state.

(ii) Administrative law: these laws look after the functions of different
administrative agencies or we can say constitutional authorities. It plays as a
watchdog of the affairs between the civil servants and the public and also decides
the relationship between civil servants and State.

Conclusion:

When we talk about the law we can say it is the cycle of rules and regulation
made by people for the people and to the people. It is believed to be the best
example of the human activity which is truly determined to serve people and look
after their welfar

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