Definition of law

 a set of rules made by the authorities to

reform the conduct of a man.
 Law in general sense has different
connotations for different people
Definition of law
by scholars
 Different definitions given by some scholars:
 Salmond defines law as the body of
principles recognized and applied by the state
in the administration of justice.
 According to Austin, "law is the aggregate of
rules set by men as politically superior or
sovereign to men as politically subject.
Definition of law
by scholars
 According to Duguits's definition of law,
Law is also defined in relation with the
society. The aim of the social institutions
is to safeguard and further it.
 Roscoe Pound defines law as a social
institution to satisfy social wants. This
approach is very valuable.
Definition of law
by scholars
 In the same way Holmes and Frank, law
is a body of principles slowly evolved by
the decision of the courts. For Justice
Holmes, law is what the justice says in his
decision.
Comprehensive concept
 In modern times, Law is a social institution. In
this picture of law, there are the following
elements:
 Law in the modern sense of the term
presupposes state.
 The state makes or authorizes to make,
recognizes or sanctions rules, which are called
law.
Comprehensive concept
 For the rules to be effective there are sanctions
behind them.
 These rules (called law) are made to serve some
purpose. The purpose may be a social purpose or
it may be simply to serve some personal ends of
a despot
Salient Features of law
 Equal treatment
 Sovereign authority
 Sanction
 Justice
 Role of Law
 Dynamism
The nature of law
 The law regulates human behaviour.
 The law covers political, economic and
social system of every civilized society.
 Every law has a purpose. It basically aims
to serve the purpose for which it is
enacted.
 The rule of law prescribes that the law
treat all the people equally. Nobody is
above law.
The nature of law
 It works for the welfare of the society.
 Law is enforceable.
 The objective of law is to bring peace in
the society
 The ultimate aim of the law is to deliver
justice to the people.
Sources of law
 Legislation
 Precedent
 Agreements / Conventions
 Customary Law
 Miscellaneous Sources
Characteristics of Nepalese Legal
System
 Influence of religion
 Western influence
 Lack of originality
 Influence of non-formal laws
 Influence of common law system
 Traditional and conventional
 Independence of judiciary
 Complex and obsolete
 Lack of modernism
Major legal systems of the world
 Continental Legal System or civil legal
system or code law system.
 originated in Europe
 all written and codified.
 primary sources of law are legislation
 secondary sources are customs and
conventions, legal writing of jurists and
principles of laws
Major legal systems of the world
 Private law
 It settles the disputes between the individuals

and defines the relation between them.

 Regular courts

 Public law
 relation between the state and individuals

 The disputes under public law are settled by the

administrative courts.
Major legal systems of the world
Common Law System
 Originated in Britain
 Common law countries
 Common law is basically created by the courts and judges.
 judge made laws on the basis of judicial practices and
actual practices of the courts.
 The primary sources of common law are judicial decisions,
precedents, statute laws or legislations
 secondary sources are customs, reasons and juristic
writings.