LAW

LAW is the characteristic of a situation where

an object or individual behaves uniformly
under specific conditions, indicating
regularities of behavior.
Law is responsible for all orderliness in the
universe and society.
Two types of law:
(a)Descriptive (or Scientific) Law; and
(b)Prescriptive (or Stipulative) Law.
DESCRIPTIVE OR SCIENTIFIC LAW
-Exists and operates in the universe, independently of our
will.
-We can only discover it, but cannot alter it nor escape from it.
-No external agency is required to
enforce it.
-Can be challenged or redefined only
-by a new scientific discovery and a proof
-supported by experimentation.
EXAMPLE:
'law of gravitation' (in physics)
PRESCRIPTIVE LAW
-determines what an individual should
or should not do under specified
conditions.
Example:
Organization rules for its members which
are binding on them enforced by sanctions,
so that any deviation or departure from
these rules makes one liable to punishment, denial of some benefit or
privilege.
-The set of rules applicable to the larger society or community comes in the
category of prescriptive law.
-man-made law, adopted by human society for regulating its behavior
-Can be changed according to our needs and mode of thinking.
PRESCRIPTIVE LAW
EXAMPLE:
Penal code - prescribes punishment for offenses
Can be altered according to sense of justice
The 'letter of law' may be supplemented by the 'spirit of law' during the course of
its interpretation and enforcement.
In political science and all other social sciences as well as jurisprudence, the term
'law' is throughout applied to indicate prescriptive law, unless otherwise indicated
by the context.
SCHOOLS OF THOUGHT
DESCRIBING
NATURE OF LAW
 1. NATURAL LAW SCHOOL
Law represents binding obligations arising from the moral sphere.
Holds that positive law draws its sanctity or authority from a higher law,
'the law of nature' or 'natural law' which exists independently of our will
 It is, however, different from scientific law because its character is
normative rather than positive. It postulates the existence of a universal
system of 'justice' or 'right' as distinct from human enactments and rules.
POSITIVE LAW
-expresses the will of the sovereign.
-Usually enacted by a legislature.
- It is binding on all those coming within its jurisdiction, and its violation is
effectively met with punishment.
 2. ANALYTICAL JURISPRUDENCE
'Legal Positivism'
Sees all law, as positive, as direct command of a
competent authority, enforceable by effective sanctions.
Denies the status of law to such rules that are based on
a body of conventions or expectations, without proper
authority to enforce them effectively, such as
'international law’.
Rejects the 'natural law' doctrine as unscientific,
grounded on mythical entity, and rooted in confusion
between law and morality.
 3. HISTORICAL JURISPRUDENCE
'Legal Evolutionism'
 Believes in tracing the essence of legal ideas
and institutions to their historical roots.
 Legal evolution is the outcome of play of
social forces.
 Law as the expression of the spirit of a
particular people—their race as well as culture.
 Law has no fixed content.
 Change in social institutions and awareness
bring about corresponding changes in the
substance of law.
 4. SOCIOLOGICAL JURISPRUDENCE
Law
- not only prior to the state but also superior to the state
- has a unique importance in society as an instrument of solving social problems and achieving
social progress.
 Assessment of law should be according to the defined social purpose.
 To achieve social progress, law should be open to interpretation and revision in the light of
changing levels of social consciousness.
 Proper function of law - 'social engineering’.
 Substance of law is to be determined with reference to the social purpose which it is designed
to serve.