Law Dr Paromita Chakraborty Surendranath College Law is
Law Dr. Paromita Chakraborty, Surendranath College
§ Law is considered the most important feature of a modern state. The term law generally means a body of rules to guide human action. The state operates through the government and the government interprets the will of the state through law. § Law has the following features: Features of law § Law is considered an expression of the state. Hence the rules and regulations of the state is called a law. § Law regulates the external conduct and actions of the individual. § Laws are universally applicable to all and the citizens should get equal protection of laws.
Features of law ( cont. ) § Laws should be constitutionally valid and should be written down precisely. § There is a coercive authority behind law and law invites punishment from the state.
§ Customs- it is considered as the first source of law as it cam into existence before even the state came into being. Customs were the earliest form of regulatio of human society. Customs became valued and respected by the people. Violation of customs led to public displeasure. § Religion- in the earlier times every aspect of customs was Sources of law regulated by religion. People had faith in religion and hence followed religious practices. § Judicial decisions- the primary function of the judges was to interpret law. Certain judgements were used for the future and created new laws. § Legislation-legislature emerged as an organ of the government and became one of the chief sources of law.
§ Natural law- they are authorized by nature and is not man made. Such as the right to life. § Positive law- these laws are created by man and has legal sanctions. § International law- it regulates the relations between Types of law nations. the states voluntary accepts these laws. Since every nation is so reign no one can be forced to obey these laws. § Common law- these laws are derived from customs, traditions and evolves over time. § Civil and criminal law- civil law deals with non- payment of dues while criminal law deals with robbery, theft and murder. § Constitutional law- these laws flows from the constitution of a state and is the fundamental law of the land.
§ A law regulates human behaviour and social interactions. Importance of laws It is also necessary to maintain peace, order and stability in society. § Law protects the weak and creates an environment that allows people to participate freely in the affairs of the state.
- Slides: 6