ty tt of i CHAPTER I LEGAL LANGUAGE 1.1. INTRODUCTION Language is a living thing. It does not represent the samething for all its users. It means something for illiterates and something more for literates. Poets find in it something what others fail to perceive. Language is a system of words, signs and symbols used for conveying information. It is the vocabulary of a particular group of people. It also means words, phrases and symbols by means of which a computer can be programmed. Language can be classified as first language and second language; and oral language and writtern language. Language is a tool to communicate with each other. It is also used as a tool to acquire knowledge on various subjects. 1.2 SKILLS IN THE ACQUISITION OF A LANGUAGE Learning a language amounts to acquiring skills in the actual use of that language. The four skills in the acquisition of a language are: 1. Understanding spoken language. 2. Speaking. 3. Understanding written language. 4. Writing.2 nd speaking constitute spoken lang age al mr sr language and writing written I ‘aderstanding spoken language the understanding kills. Understanding oral language- Understanding constitute written language. U and understanding written language form ‘ skills. Speaking and writing form the expression $ 1. Understanding spoken language: This skill requires a good words. Apart from this, our ears should also be will be gathered in quick jon. Itis a fact that language is not spoken by all of us as perstandard pronunciation. We should be trained to understand a first in its standards pronunciation and also other a ge of pronunciation for our day-to-day interaction. knowledge of trained so that words and sentence Speaking: This skill implies a good knowledge of its sound syster intonation, stress and rhythm. In this skill, pronunciation {is as important as the ability to utter words because the other person has to understand what is spoken. et Apart from pronunciation, the skill of speaking implies Anowledge of the language. We should use appropriate jin quick succession and talk smoothly without break. Bee be an automatic conjunction between what one peameina es Hi eve) pression Weshould not waste searching for words and grammatical rules. Brain, vocal and hear and hearing organs and sometimes eyes, face and hands and practical "skill of speaking. ly the whole body is involved in the 3. Understand ability to read. Reading is inf and space. It is It may be prac Underst @) gal (i) gr While re the other parts Hence unde Mecciminating 4. Writing: Th This is much n time for refleci words. Genera speech. 1.3 ACQUISN Acquisiti adult. The follo acquisition of a 1. Universality involved in the deaf and dumb,ny o oo BERS E i, face n the 3 3, Understanding written language: This skill implies first the ability to read. Learning how to read is the first school activity. Reading is in fact a communication with persons far off in time and space. It is also useful to keep in contact with the language. It may be practised alone. Understanding written language takes place in two ways: () gathering rapidly the general meaning and (i) _ grasping the accurate meaning. While reading, there is a crucial point in each passage and the other parts appearing before or after, help to get at that point. Hence understanding written language consists of discriminating the relative importance of various parts. 4, Writing: This skill is the most important skill in examinations. This is much more easier than that of speaking because there is time for reflection and for correction of sentence patterns and words. Generally mistakes in writing are less tolerated than in speech. 1.3 ACQUISITION OF LANGUAGE BY CHILDREN Acquisition of a language by a child is different from the adult. The following are the important characteristics in case of acquisition of a language by children. 1. Universality of Acquisition Children are the largest group involved in the process of acquisition of language. All, except deaf and dumb, learn a language spontaneously. Those who are4 brought up by animals or in total isolation, do not have any language. Acquisition of language by children is achieved within a short period between ages 1 and 3. Acquisition of mother tongue by children is a universal success. 2. No Teaching Children acquire a language without teaching. Parrents do not teach the language. They want the child to understand what they say to him. To help the child understand, they use extralinguistic support like facial expression, tone of voice and gestures. ‘To start with, the language used by parents is simple. It becomes more and more complex as the linguistic maturity of the child increases. In the beginning, the child is interested only in communicating with the members of the family. Later the circle of communication widens. Thus the acquisition of teaching takes place without any teaching. 3. Understanding Precedes Expression The child is interested in the sound combination of words before knowing the actual meaning. The child is interested in lullabies, rhymes and traditional poems accompanying children’s plays. The enjoyment of sound vanishes slowly as they start perceiving the meaning of words. ___._ Thelanguage heard by a child is stored and remains latent inthebrain and it takes sometime to put to actual use. This starts from the 12th month sharper day by day. follow simple comma of the comprehension Thus the child u but not the reverse. L the meaning of whatis months after understa 4. Phases in Expressi exercises in a phased Between 4 and 6 mont manner to express his he babbles and emits ¢ At the age of on not carry the meaning speaks to himself pi communicate with otht for several things. The: the actual meaning. Wh word sentences appear. words. 5. Simultaneous Acqui A child can pick u placed ina multi-lingual be normal and a particula5 from the 12th month or even earlier. His hearing system gets sharper day by day. During 12-18 months, the child is able to follow simple commands and he responds to interdictions. 90% of the comprehension ability is attained at the age of 3. Thus the child understands a language without speaking, but not the reverse. Understanding amounts only to guessing the meaning of whatis stated. Speaking takes place only several months after understanding. 4, Phases in Expression Speaking requires some preliminary exercises in a phased manner. They start at birth with crying. Between 4 and 6 months, the baby cooes or laughs in a broken manner to express his inner feeling. Between 6 and 9 months, he babbles and emits distinct common sounds. At the age of one, the child utters first words, which do not carry the meaning which adults attribute them. The child speaks to himself profusely a language of his own. To communicate with others, the child starts using the same word for several things. Then the child utters singe words knowing the actual meaning. When the child attempts sentences, first two- word sentences appear. Then the child uses sentences with more words. 5. Simultaneous Acquisition of more than one Language A child can pick up more than one language at a time, if placed ina multi-lingual environment. For this, the child should be normal and a particular person should always speak the same6 persons speaking different tween 3 and 4, the child is the language of the s a very high skill of language. Whena child interacts with languages, he acquires all of them. Be! able to speak to each of his interlocutors latter. In course of time, the child acquire: distinguishing languages. If exposure to two languages is equal, the progress achieved is also equal and the child has two mother tongues. Simultaneous exposure of a child to more than one language is not harmful except in the case of children having. mental defects or linguistic difficulties. Parents cannot transmit to their child their knowledge, but they can easily transmit a language. 4.4’ LAWS OF LANGUAGE LEARNING 1. Law of Communication (A language should be a tool of communication from the start). ob In learning a language, the quantity of language to which ‘learner is exposed is more important than the task of learning the elements of the language. Language should not be imposed the students artificially and arbitrarily. Teachers and hould always be engaged in communication activities. er is expected to speak in the target language and the fron the beginning in a communicative context. esi pamea ang to students, the latter es by answering questions, At the ott langauage, broken language and y tongue. Teaching must always Among language wo would deperr and the fami Mastering al: 2. Law of Inte be no result). Apart fr Personal expo should not mis through radio, language, one! and newspape 3. Law of Exer several times). For acqu sentence patter Patterns have to they become far learner may re interesting. By d and more accu ‘sentence pattern For speaki in loud voice, 1c Proper intonatio:BH DAT We 7 only exposure to living language would lead to acquisition. The amount of success would depend on the quality of exposure, the interest it evokes, and the familiarity which the learner has with the speaker. Mastering a language is a life-long process. Among all school activities, 2. Law of Intensity (If the exposure is not intense enough. there will be no result). Apart from classroom input, the learner has to resort to Personal exposure. To acquire the skill of oral language, one should not miss any opportunity of hearing the target language through radio, TV, cinema, court arguments, etc. For written language, one has to read as much as possible books, magazines and newspapers. : 3. Law of Exercise (A word becomes yours, when you have met it several times). For acquisition of a language, the same word or the ‘sentence pattern has to be met several times. Words and sentence patterns have to be used several times in different contexts before they become familiar and form part of one’s language stock. The learner may read again and again the same book, if found interesting. By doing this, the understanding will become faster and more accurate and the acquisition of vocabulary and sentence patterns will be ensured. For speaking, one has to train the vocal organs by reading in loud voice, low voice, very fast and very slowly. To get the Proper intonation, one should read with proper volume anda 8 speed texts expressing various feelings like anger, SOrrow, humour and irony. Thus ever the latter being , 4. Law of Continuity (Avoid gaps during the learning period). SaaS vacabular Interruption while learning @ language is always harmful. #8 greater ina fo, What is learnt is forgotten if it is not put to continuous use. It greater in late lea fas been observed that children who are out of touch with the 0 the way of lea official letters, sp ‘mother tongue for a few months forget it. After acquisition of reading, jred level, one should keep on _ the language to a des i Tistening and communicating inall possible ways. Hencereading 7 Lawof Trialan ___ habits should be given importance in the process oflearhingll imme ePtoces foiiinw 20° in pronunciation, i 5, Law of Maturation (Expression will come, don’t force it). etc. These mistake Mistakes will dim: "> Asacquisition of a language is a complex process, one has to waitfor acquiring the eal skill of speaking and writing, befor Iocan attempting to speak or write, one has to listen and readalot yaw of Motivati 4) “Inease of mother tongue, understandi pecans x i , ding precedes i ey Sy forthe child. First the child speaks with Bias ches ane fees anata oN ee ee acuccessicn: OLccrite a enone 6. Law of Selection (Git oe OE Gt, ee ah learner the input he is interested in) new one) at me speed of acquisition isnot the same in respect of all words i target phrases. Some are apprehended at first meee 7 Re ei, EPpcaralog ena the mother tongue or store, Even if anion one’s experience, are hard to that one has to forge whena pares & a memory quite easily. Eve second language lean only. ee Pee language is stored, we give preference © '@sk, since he had alre , ds, which surf. i ip Sree face readily for the purpose of Script is the same, the language in the same \aa m 9 Thus everyone has got an active the latter being of course larger. The active vacabi and passive vocabulary, gap between passive and ulary varies from individual to individual. The gap is greater in a foreign language than in the mother tongue. It is greater in late learners than in young learners. It varies according to the way of learning, informal conversation, personal letters, official letters, speech, judgment, etc. 7. Law of Trial and Error (Error is normal, accept it for the time being). Inthe process of learning, one unavoidably commits mistakes in pronunciation, in the form of words or in respect of grammar, etc. These mistakes are manifestations of the learning activity. Mistakes will diminish in course of time and the language will become more and more correct. : 8. Law of Motivation (Nurture motivation by successful activities). Motivation is necessary for acquisition of any language. It arises out of need or interest. Motivation can be presumed when one starts learning a language. Novelty kindless motivation. 9. Law of Interference (Beware: the known language is jealous of the new one). The target language is used to be taught formally through the mother tongue or known language. Educators are of the view that one has to forget one’s language, to acquire another. For a second language learner, learning a new alphabet is quite an easy task, since he had already a good intellectual development. If the Script is the same, the learner will be tempted to read the target language in the same way as his mother tongue.10 Similarity in vacbulary makes acquisition of a language easy. The difference in sentence pattern is the most difficult one to overcome. It will be learnt only by getting familiarised with the sentence patterns in the target language. In order to overcome the ill-effects of interference, it is better to postpone exercises of expression till the language is fairly mastered. communicate will sy 1.5 FACTORS INFLUENCING LANGUAGE LEARNING The following are the factors which influence a learner while learning a language: Essential factors 1, Aptitude of the Learner: All learners are not alike. Individual 5, there is a combined e differences do exist. The aptitude for learning a language is leaming, At the age of § different from the general aptitude for studies. As far as_general principles with pronunciation is concerned, the hearing apparatus plays a big child is able to cope role, One can reproduce only what he actually hears, 7 i _ beyond, the result is more -Leamer: Language acquisition is a process i sonality is involved and no result can be Olftr Factors compulsion. One should have a love for tht __APart from aptitide important determinant:er ial as big age ig a lish onal ably sss in an be or the 11 target language. Those who are having a natural inclination to communicate will succeed much better. Motivation is an important factor in the success of learning a languge. For pre-school children, the exposure to the language would be only through activities. For primary school children, motivation can be kindled with the combined efforts of both parents and teachers. 3. Age of the Learner: A language can be learnt at any age but children learn more easily a language than adults. During the first years of life, the process of maturation is very rapid. Between 2and 5, there is a combined effect of maturation and self-programmed learning. At the age of 5, the brain is sufficiently developed to tag general principles with rules and exceptions. At the age of 8, the child is able to cope with the language and acquire quickly the concepts and corresponding vocabulary. From the age of 12, acquisition of language is no longer inistinctive but intellectual. The capacity to learn declines with old age. After 12 years, the acquisition of a second language appears more difficult. Almost all children succeed in learning the language they are exposed to. The younger the age in which the language is learnt, the quicker it fades away, if there is no continuity. If the practice of the language is continued upto the intellectual period of 12 and beyond, the result is more durable. Offer Factors Apart from aptitide, attitude and age of the leaner, other important determinants are the quality of teachers, theEE —————__ ae R parents, the time allotted for cnowledge of the language by the ee d the skills sought after. teaching, the way of acquisition an The language teacher should be a master of the language. He should be conversant with all aspects of the language, culture, civilization, grammar and linguistics. He should have a love for the language, love for the pupils and committment to teach the language. If the teacher happens to have a mother tongue different from that of the students, he should also acquire some Knowledge of the student’s mother tongue. Only then he would know the areas of difficulty of the students in the early stages. Apart from good knowledge of the language, the teacher should be trained for the purpose. Learning from an untrained teacher does not yield good result. a Henit .8 ic "Though learning is usually resorted to with the help of a teacher, individuals themselves should venture to learn. Now audio-visual equipment allows the learnin; d l g of oral langua; without a teacher. oa . ao Itis better to constitute homogeneous sr0ups students having the same standard in the language. us grouping makes weak student still weaker. | _ Forclassroom learning to be effective, the group should ‘understand Same page itself. Only key of the text are to be eeplatrigal Apart from class-| outside the classroom y country concerned, pe television, camera, vider great help. Reading of news, according to one’s intere: who wish to improve th reading books so that re become arduous. 1.6 MOTHER TONGUE ” Among all the pers, most to the child and th called mother tangue. Th he can speak or understat first, then in the near vici through social contacts. T without schooling. _ Oneshould learn ther toreap the full benefit of the, it upto plus 2 level. Then ¢ ‘expression and aesthetic set ‘One should study mother tor Some children com« without any Indian langu:13 Apart from class-room learning, exposure to the language outside the classroom will yield a good result. Travelling in the country concerned, pen friends from other countries, radio, television, camera, video-casettes and even computers may be of great help. Reading of newspapers, magazines and books chosen according to one’s interest, will prove extremely rewarding. Those who wish to improve their standard should acquire the habit of reading books so that reading remains a pleasure and does not become arduous. 1.6 MOTHER TONGUE "Among all the persons, the mother is the one who speaks the most to the child and the child learns the language and so it is called mother tangue. The mother speaks to the child even before he can speak or understand. The mother tongue is leant at home first, then in the near vicinity and later inproved in course of life | through social contacts. The child can learn mother tongue even _ without schooling. One should leam the mother tongue from the beginning, Inorder toreap the full benefit of the study of mother tongue, one should study itupto plus 2 level. Then only he can acquire the skill in reasoned ‘expression and aesthetic sense. For specialisation in mother tongue, one should study mother tongue beyond plus 2 level. Some children come out of their higher secondary stage without any Indian language. They stop studying their mother4 sfth standard. This practice is abnoxious they lose the opportunity of geisthie, sufficient Indian culture. Secondly, 2 discrimination is created among children because the standard required ae the ‘examination in the mother tongue and another language is not the same. The skill of essay writing and appreciation of literature jsassessed in mother tongue, whereas in another language, only elementary standard of the language is assessed. Naturally students choosing another language score higher marks. tongue atthe fourth or fi for two reasons. First, Mother tongue teaching is rather simple at the elementary stage but later it becomes a difficult subject to teach. Even in advanced countries, teaching of mother tongue is not highly ‘satisfactory. In India, the standard is lower because of the low standard of education in general and recent method of mass _ teaching through correspondence. As far as India is concerned, “division of texts as prose and poetry should be given up. From “the early age, students should be exposed progressively to poetical language. As soon as they have learnt to read fluently, they should be offered texts from good writers. Vash g boo! ____ Thetext books should be adopted to the age, the level of = ction, oe experience and emotional needs of the students. 1 text books should be prepared in such a way eae al is gatherable at the first reading. The 1 may be explained by the teacher. There should be and steady Progress. ig Then The teacher ee ‘il own literature is a life long process should create among the students the desire to read so that they will continue One of the important du develop love for their n teacher should be equal ti has to assume fully the rc longer a teacher of a vern USES OF MOTHER TO? Indian languages su rule and educational syste of use. Mother tongue is v (1) Private Use: * Mother tongue is ust people in their friendly 1 preferably in English. The ig a false notion of prestig, be distinct from the comme to in order to place the co We should use the foreign In employer-employee rel assertion of superiority. Mis languages. It denies Indiat and there is also a risk of Ie 2. Public Use: In the field of reli contributed much to the « Foreign missionaries havof of ay he ess: ead 15 so that they will continue to read even after leaving the school. One of the important duties of a teacher is to make students develop love for their mother tongue. The 1.Q. of language teacher should be equal to that of teachers of other subjects. He has to assume fully the role of master of humanities and be no longer a teacher of a vernacular. USES OF MOTHER TONGUE Indian languages suffered a set back by.centuries of alien rule and educational system. A language develops only by way of use. Mother tongue is used for a variety of purposes. (1) Private Use: * Mother tongue is used in actual conversation by educated people in their friendly meetings. In India, the elite speaks preferably in English. There are'various reasons for that. There is a false notion of prestige attached to English and a desire to be distinct from the common man. Sometimes English is resorted to in order to place the conversation out of reach of servants. We should use the foreign language only when it is necessary. In employer-employee relationship, English is a good tool of assertion of superiority. Mixed languages is dangerous for Indian languages. It denies Indian languages opportunity to progress and there is also a risk of losing their identity. 2. Public Use: In the field of religion, religious discourses have contributed much to the development of Indian languages. Foreign missionaries have also made a large contribution.Ses 16 the time of the struggle for Independence has new ideas in Indian languages. tal role. There are already many guages and more and Political life from. also made available to the masse: Literary discourses also play avi newspapers and magazines in Indian lan; more books are also produced. Drama and cinema have been good media for the and feelings. As far as official media is.concerned, viz. official by the proper and wide use of the mother tongue. Q) Usein Administration: ___ Inthe field of administration, the mother tongue is already __ inuse toa great extent. Hindi-speaking States are much ahead. There is a constant decline in the standard of English language. For effectively extending the use of mother tongue in administration, the following Precautionary measures are necessary: (@) (Candiates ‘Possessing the knowledge of mother tongue an cee emashe pecies Those who are , w] >, may it \ (©) comprehensive glossary ofadminiswative vo os _ used by all departments (9) Those who are in the adequate knowledge should be conducted English, for easy understanding. Selection Board should have mother tongue. Interviews the mother tongue and notin | ‘promotion of Indian languages in the expression of new ideas: fication, radio and T:V., the State can make a greatér: Itshould be note hampered by two cont days: one is to have lir as the official languag have become realities’ to emerge. If all the lh extent possible as regio to the extent necessary any one of them will 1 own strength. (4) Use of Mother Ton Courts are places “high level with precisic courts will considerably Government has alreac criminal courts in the S In India, Judges h judgments in Indian 1 Arguments are still mc fundamental right to foll the Madras High Court furnished of all docume: The new entrants | mother tongue. Lawyers confidence of their client beginning, but progress |a. 17 It should be noted that the progress of Indian languages is hampered by two contradictory decisions of pre-independence days: one is to have linguistic States and another to have Hindi as the official language for India as a whole. Linguistic States have become realities while national language finds it difficult to emerge. If alll the Indian languages are made use of to the extent possible as regional languages while keeping English only to the extent necessary, all of them will develop vigorously and any one of them will naturally emerge.as lingua franca on its own strength. (4) Use of Mother Tongue in Courts: Courts are places where language is abundantly used at a “high level with precision and subtlety. Use of mother tongue in courts will considerably promote the language. The Tamil Nadu Government has already notified Tamil as the language of the criminal courts in the State. In India, Judges have been already ordered to write their judgments in Indian language and upto the district level. ‘Arguments are still mostly in English. But the litigant has a fundamental right to follow the course of trial. In December 1998, the Madras High Court held that an accused is entitled to be furnished of all documents in the language known to him/her. ‘The new entrants to the Bar should start arguing in their mother tongue. Lawyers should use mother tongue to earn the confidence of their clients. There will be a fall of standard at the beginning, but progress thereafter.18 ‘The use of mother tongue at the High Court level would sier to dispose of the matter in the same make the High Court ea: " language as the one used for recording evidence and in the judgment of the lower court ap) B one High Courtin mother tongue will not be available to lawyers in the other High Courts. When a judgment of a High Court is taken on appeal before the Supreme Court, it will have to be translated in the language used in the Supreme Court. There is no escape fromit. pealed against. Buta decision of ___ Itis an accepted fact that the court language should be ‘within the public comprehension to retain people's loyalty and support. So it is better to use the Indian language in courts. To make it easy, all new enactments should be in the mother tongue. As far as old Acts are concerned, instead of wasting time to translate them accurately, it is better to re-enact them with such modifications as are necessary in the substance to meet the present needs. (5) Use in Scientific Sphere: ‘Those engaged in research work should be given an opportunity to contribute to the development of their mother tongue. Already people started writing thesis for M.Phil and pa ara tongue. Our scientists publish in English n India or abroad. Iti the legitimate desire of a scholat topublish in English in journals. This will wi The State should not di: in English but should indw regional language. For gran present papers in seminars, the to those who have already ma value in the mother tongue. If works in the regional remain unpublished, the sam the Government and made a Even scientific and technologi made in an Indian language i society. The duty to improve State and citizens. 1.7 USEFULNESS OF OTHE Knowledge of other lang (1) Practical Utility Knowledge of other lang of employment. There are grea for the same qualification, a pet of another language gets ach are mainly tourism, busine ‘organisations, inter-state bodies Knowledge of other lan * leisure purposes like reading television programmes and fil19 The State should not discourage our scientists to publish English but should induce top scientists to develop the gional language. For granting leave to proceed abroad to resent papers in seminars, the Government may give preference \those who have already made some publications of scientific alue in the mother tongue. If works in the regional language worthy of publication emain unpublished, the same may be published at the cost of he Government and made available to colleges and libraries. iven scientific and technological work of the society should be nade in an Indian language in order to benefit all segments of society. The duty to improve the mother tongue is both on the Siate and citizens. ; 17. USEFULNESS OF OTHER LANGUAGES Knowledge of other languages also serves many Purposes: (1) Practical Utility : ‘ Knowledge of other languages is @ trumpeard in the field of employment. There are greater opportunities to find jobs and forthe same qualification, a person having @ working knowledge of another language gets a chance. The employment avers are mainly tourism, business of all kinds, international organisations, inter-state bodies, multi-national corporations, etc. ful for languages may also be usel Knowledge of other lang enjoying radio and leisure like reading magazines, purposes like reading y ale Television programmes and films. A person havin ® minimum20 ill get more easil; of the local area, W! di knowledge of the eae ie the likelihood of cheating by ted by the local peop! ; Secrants allt Jess. When one wants to geta thing done, one m chooses the other's language for communication. (3) Side Effect of Lea ‘ 7 The learning of a The position is the same between count og 18 impact on the personali generally a barrier. If it is removed, Coe ea will take the impact. Rare are per place. A country having a host of persons knowing the Janguage firbca ge stmaliadeentan of another country is in an advantageous position in relation to Foy most of th em each that country commercially, diplomatically and politically. ay ire Gna for prote Language has, not only utilitarian value for individuals, No doubt, the imp but also, the power of uniting people. When two persons meet overstressed, but, at tl occasionally in a foreign country, their knowledge of the same language isnot the supren language brings them closer. It is a tool for fellowships. Inshort, of another language, one Knowledge of other languages may create love for men of othet_ mother tongue is always countries, friendship among people and contribute to world peace. 18 LAW 18.1. Definition of Law (2) Cultural & Educative Purpose: Every society has a Knowledge of other languages enables us to learn much ling groups for regulati ae ways of life, habits, customs mentality ee way of doing things of other countries, The knowledge ofanothe’ “7° Principal norms are fo mee fa culture and another literature paves the wa) WO conform to norms are nt or renewal of one’s own indigenous art. paul ' ear of ancient languages enhances the cultur! ny tet gives a deeper insight into cultul® scientists, doctors or other Professionals are interested i*age auch ality, other sway art. tural aiture- ited 10 2 pursuing the discoveries made, methods employed and stages reached by our ancient seers, (3) Side Effect of Learning Other Languages: The learning of any foreign language has necessarily an impact on the personality. The higher the knowledge, the deeper the impact. Rare are persons who have acquired more than a language simultaneously with absolute and equal proficiency. For most of them, each language is used for a purpose, one for family life, one for professional life, another for club life, etc. No doubt, the importance of other languages cannot be overstressed, but, at the sametime knowledge of another language is not the supreme goal. While understanding the study of another language, one has to see that the knowledge of the mother tongue is always ahead. 18 LAW 1.8.1. Definition of Law and its Characteristics Every society has a system of rules promulgated by the ruling groups for regulating the behaviour of its members. The Tight way of doing things are termed as ‘norms’ by sociologists. The principal norms are folkways, mores and laws. Individuals who conform to norms are rewarded and those who deviate are Punished. As society developed; some of the social norms became legal norms. Through enactment and enforcement, informal Social norms became formal legal norms. Laws are thus a subset f social norms.22 i iffi k due to varior nition: ine law isa more difficult tas various ee it Is of law have defined law from different i ‘hoo! reasons. Various sc : gees need angles; some have defined it on the basis of its nal on 6 its sources and some on its effect on society. Hooker‘ Lawisany kind ofruleor ‘Austin ‘Law is the command of the sovereign’. Solmond ‘Law is the body of principles recognised and applied by the State in the administration of justice! (b) © Mac Iver & Page ‘Law is the body of rules which are recognised, interpreted and applied to particular situations by the courts of (d) the State. ; From the above definitions, it is clear that law is a rule of Rousseou, the o conduct. It is a body of rules of behaviour which are consciously E and clearly formulated. Law clearly defines rights, obligations.“ or duties as well as punishments for violations. Law is a product of > formulation, conscious thought and deliber" 3. Law is a me Law is definite, clear and precise law is to influence23 5, _ Laws are applicable equally to all without exceptions in identical circumstances. | pe The violation of law is followed by penalties determined by the authority of the State. 4.8.2. Purpose of Law | According to Rousseau, the following are the main purposes of law: (2). To maintain law and order within a society and this had to be done at any cost. (b) To maintain the status quo in society. (0) Toenable the individual to have the maximum of freedom. to assert themselves. (a) To give maximum satisfaction of the needs of the people. Apart from the above four purposes mentioned by Rousseou, the other functions of law are: 1. Law should provide and make room for justice. Law is a _ useful social device for the attainment of social justice. Justice | involves the doing of something useful and fruitful. | 2 Lawis,and should always be, a means to an end, the end | being the rendering of benevolent justice to all. Iflaw is regarded San end in itself, that would be injustice, Justice is not the only end, The other ends are security, order, the general good and 96 | the greatest happiness of the greatest number. E lf 6 ate | 3. Law is a means of social control. The general function of Wis to influence people to the existing rules. It should protect, Iy the members of society against interna These two processes g defend successful, it facilitate d reserve and Scrder or external threat. t be adopted to the needs of the time. It mug) «individual. Ifsuch int mus means for the living of a good life. The purpose 1 cod regulate, protectand enforce rights, relations law itself into contemy 4 Law provide ways and Jaw is to declare, ies and liabilities of men. It should also regulate the social, business and other relations of men inter-se. 1.8.3. Legal Forms Law making With th i 5. The motive behind law must be to secure the summum With the growth in bonnum (the greatest good) so far as the whole community is concerned. Not only should the law be good, but it should also provide proper ways and means for enabling the living of a higher and fuller life. Not only should the ideals of law be high, butalso its methods must be clean, reasonable, consistent with the principles of equality, fairness, humanitarianism and se pov According to Arti Kindness. Law is meant to help man in the living of a good life includes any ordinan Rotification having the ie. it has to bring abou! ur, beliefs and values. A’ Statute: All rules and r made by a body other Power conferred by the 6. — Law should be more dynamic, social charge by influencing behavio an instrument of social change, Processes: law involves two inter-relate! anything to which a Sta : Statute is a Jaw, made | Legislature). there will be institutionalisatio" Statute is used to de Values, haviour manifesting new social Unwritten law and judge (i) Inorder that law “individual mus () By enacting a new law, of a new pattern of bel ed become an active social farce, t st An Actis a law wpe “Memalise this new pattern of behaviow’ WeBislature),Itorigina25 These two processes are correlated. If the institutionalisation is successful, it facilitates the internalisation of the new value by bringing about a change in the attitudes.and beliefs of the individual. If such internalisation does not take place, the mere legal codification will not have any social value; it may bring law itself into contempt and people may lose respect for law. 1.8.3. Legal Forms Law making function essentially belongs to the legislature. With the growth in the function of the State, the Legislature confines itself on brood national policy matters, leaving it to the executive to-implement such policy through sub-ordinate legislation. ‘Thus orders, rules regulations, bye-laws, etc, are made by a body other than the legislative authority by virtue of power conferred by the satute. : According to Article 13(3) of the Constitution of India, law includes any ordinance, order, bye-law, rule, regulation, Rotification having the force of law. Bree att rules and regulations which permits or probibtts anything to which a State gives the force of law is a statute. Statute is a law, made by Parliament or a similar body (ie. Legislature). Statute is _Mnwritten law and judge-made law. used to designate the written law as opposed to legislative body. (Parliament or Act: i made by a a Asay 7 form of a Bill in either House of Legislature), It originates in theEEE CE rliament. Every Bill must be passed by both the Houses, z le: can be sent for President's assen me ets rien Only ie 2 by an enactment, Boe isan gives his assent, the Bill becomes an Ay tules where the g, Laws made by the Parliament are called Central Acts and lay, but the details hay made by State Legislatures are called State Acts. to be valid must b application. the Pas Ordinance: The most important legislative power of th President/Governor is his Ordinance - making powe; Regulation: The te Ordinance is a body of rules enacted by the President/Governa course of action. An Ordinance can be issued only when the Parliament/Stat notaffect the policy i Legislature is not in session and that too, only to meet urgen matters. The Ordinance issued by the President/Governor shal A rule prese hhave the same force as an Act of Parliament/ Act of Legislatur governance of acon ‘Such Ordinances shall cease to operate at the expiry of six week : from the date of re-assembly of Parliament/State Legislature. Bye-law: Bye-laws authority sub-ordir Order: An order relates more Particularly to the execution ™atters of local imp: Previously made. An order is specifica 8enerally given to th inwhich the body e eer Bye-laws are u ance working of autonome Societies make bye- members. Judge-made Law: Ju ; Of the rules and princ while giving decisio almost entirely the pr Some branches of ¢27 Rule: A rule means a rule made in exercise of power conferred by an enactment. The statute may provide for power to make rules where the general policy has been specified in the Statute but the details have been left to be specified by the rules. A rule to be valid must be general in scope and indiscriminatory in its application. Regulation: The term ‘regulation’ implies a rule for a general course of action. Usually technical or other matters which do not affect the policy of the legislation are included in regulations. A tule prescribed bya superior for management or governance of a company or society is a regulation. Bye-law: Bye-laws are rules and regulations made by any authority sub-ordinate to the legislature. They are usually matters of local importance and the power to make bye-law is generally given to the local or self-governing authorities. Bye-laws are usually intended to govern the internal working of autonomous institutions. For example, co-operative societies make bye-laws to regulate the conduct of their members. Judge-made Law: Judge - made law or case law consists of the rules and principles stated and acted upon by judges while giving decisions. The common law of Epa Laa is almost entirely the product of decisions of English judges. Some branches of our law (e.g- Law of Torts and% Administrative Law) are almost entirely the product of judicial decisions. One of the basic principles of the administration of justice ded alike’. When a point of law is that ‘like cases should be deci wWhenarrs isonce clearly decided by a court of final jurisdiction, it be comes afixed rule of law to govern future actions. Thus the precedents ‘of courts are said to be the laws of the courts. Every courtis bound to follow the case decided by acourt above it in the heiarchy. Article 141 of the Constitution of India proclaims that the law as declared by the Supreme Court shall bebinding onall courts in India, A law declared by a High Court is binding on all courts subordinate to that High Court. Note: The contents of this Chapter is taken from the book ‘The Language Riddle’ written by Justice David Annoussamy: Students are advised to refer this book for more details. 2.1. DRAFTING PR 2.1.1. Materials: According to necessary for a drafi (a) Acollect subject (b) Dictiona (c) Standar< (a) Allstatu (e) Law Reg (f) Statutes necessar 2.1.2. Experience: The draftsman always leads to suc’ should have a thore of the country. f Draftsman m draftsman. An offic! Bill before the Legis! of the Legislature Legislature will nect of a private draftsmé