2. Definition.
The term Law is derived from the German word
“Lag” means Fixed.
Law means implement of rules and regulations
enforced by the state.
Different Jurists have defined law in different ways
such as:
Wilson defines law as “portion of established thoughts
and habits which gained formal recognition in the
shape of uniform rules by government.”
Green regards law as “the system of rights and
obligations which the state enforces”.
3. Sources Of Law:
Usages:
Most Primitive form of law.
In ancient societies in the absence of established political authority
usages were most effecting regulating force.
With the passage of time these usages become so deeply rooted that
most of the social and economic relations are regulated by them.
Due to long practice they are given legal recognization by the State.
4. Religion:
Relgion had been an important source of law even in the past
and in modern secular states.
In primitive societies religion not only deals with dogmatic
(religious) issues but also all affairs of human life that is why
spiritual leaders were regarded as custodians(guardian) of
worldy affairs.
Example:
All laws of Muslims, from islamic standpoint emanate(come)
from the Shariah.Hence in All Islamic States all laws are enamate
from the Shariah.
5. Commentaries Of Jurists.
Jurists opinion is another source of law.
Even in the Courts Books carrying commentary of juristis such
books are held in esteem by people of legal profession.
Example:Gaius and Justanian Roman Law.
6. Adjudication.
Adjudication involves interferance of third party in the dispute
appointed by the government for the purpose of deciding the
nature of final settlement.
The real function of a judge is to interprent law and apply it to
different controversies(arguments) and disputes(challanges).
Judicial Review: In most of the democratic countires the superior
courts have the power of judicial review to judge the validity of
laws in the light of constitution.
Example: In America supreme court declare such laws.
7. Equity.
Equity refers to the body of law which was developed in the
English Court of equality(chancery) and which is now
administered with the common law.
Term equity has two meanings:
1) professional: Where lawers speak of equity.
2) Popular: Where Comman man talks about equity.
Equity happens when there is no relief in the existing law to guide
judge in a particular dispute.
Equity provides relief where the existing Law affords none.
8. Legislation.
In the ancient societies there was no specific institution for legislation(set of laws
by govt).
Even after the emergence of state, no particular institution was established for this
specific function and laws are mostly based on customary(customs of particular
societies) ways of life.
With the advancement of human civilisation, seprate institutions were evolved for
the purpose of legislation.
In modern democrative states,regular legislative bodies are established which enact
new laws and make necessary amendments(improvements) in existing laws.
9. Classification Of Law (Kinds).
The Content Of Law.
Constitutional Law. .
Statutes.(written)
Executive Decrees.
Adjudication.
Common Law.
10. Constitutional Law. It consist of those important laws of country
that deals with the organisation of state,powers of government,
fundamental rights.
Statutes.Leglislative chambers make laws in accordance with the
requirements of society while Statutes means a written law
passed by a legislative body.
Excutive Decress(offical order issued by legal authority). When
laws are passed then excutive put these laws in to action.
Ordinances.(regulation) Elected legislative assemblies meet in
sessions after short spells,during the intervals,if need arise for the
legislating of law head of government promulgates(declare)
ordinances (regulation) of law.
11. Common Law. Consist of those usages(customs) which have
been given legal recognition by judiciary in England.Reflects
the customs and traditions of british society in which most of
the basic rights of citizens are based.
Sphere Of Law
• 1)Private Law Laws between citizens.
• 2)Public Law Relation between citizen and state.
