Assignment On

"​Law"

Course Code :- PSS 111

Course Name :- Fundamentals of Political Science
Date of Submission :- 26-12-2020

Submitted to
​Dilara Rahman
Professor
Dept of Political Studies. SUST.

Submitted by:-
Md Fahim Ahmed
Regi no. 2019235086
Dept of Political Studies. SUST.

Shahjalal University of Science & Technology

Sylhet
Introduction

Law is a rule of conduct developed by government or society over a certain territory. Law
follows certain practices and customs in order to deal with crime, business, social
relationship, property finance etc.The law is controlled and enforced by the controlling
authority. State enforced laws can be made by a group of legislator or by a single legislation,
resulting in statutes, by the executive through decrease and regulations or established by
judges through precedent, usually in common law jurisdictions. Private individuals may
create legally binding contracts, including arbitration agreements that adopt alternative ways
of resolving disputes to standard court litigation. The creation of laws themselves may be
influenced by a constitution writer or ta it and the rights encoded therein.

Definitions of Law

Law has been variously defined by many writers

1. "Law is its mast general and comprehensive sense signifies a

rule of action and is applied indiscriminately to all kinds of
action whether animate or inanimate rational or irrational". -
Blokstone

2. "Laws in the widest sense of the term are necessary relations

derived from the nature of things. The deity has His laws. The
material world has its law, men have their laws ".-Montesquieu

Features of Law:

1. Law must be applicable to all. Everyone in the eyes of law is equal and no one
can escape from the eyes of the law.
2. Law is uniform in nature. Power of making law lies in the hand of the state.
State passes those laws which are considered to be for human.
3. Laws are said to be reliable and just for every individual present in the state.
These are rules for every individual.
4. Every state needs the law as it is believed to be the most important element
which helps the state to function smoothly.
5. Law can be the threat to those who are willing to do wrong in society and once
they commit anything wrong are severely punished
6. The punishments which are given to the guilty are also decided by the law.
7. Each country has the court which settles any issues taking place in a state
according to the laws formulated.
8. Law is definite and it is the formulated will of the State. It is a rule made and
implemented by the state.
9. State always acts through Law. Laws are made and enforced by the
government of the state.
10.Law is a general rule of human behavior in the state. It applies to all people
of the state. All are equally subject to the laws of their State.

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11.Law is said to be blind as it does not believe in any discrimination. All are equal in front of
the law.

Types of Law:
Broadly speaking there are two main kinds of Law:

❖ National Law
❖ International Law

National Law:
The body of rules which regulates the actions of the people in society and it is backed
by the coercive power.

International Law:

The body of rules which guides and directs the behavior of the states in international
relations. It is backed by their willingness and consent that the states obey rules of
international law. It is a law among nations and is not backed by any coercive power.
National Law is further classified into several kinds:
1. Constitutional Law and
2. Ordinary Law

Ordinary law classified into two parts:

1. Private Law and
2. Public Law
Public Law stands sub divided into two categories:
1. General Law and
2. Administrative Law
Laws are of following types:
1. Private laws;
2. Public Laws;
3. Constitutional Laws;
4. Statute Laws;
5. Ordinances;
6. Common Laws;
7. Administrative Laws;
8. International Laws;

Private laws:

Private laws determine the relations of citizens to one another. They regulate the
relation among individuals. It ensures that each individual has equal rights. It is the
state who solves the issues among individuals or groups.
Public Law:

This law looks after the affairs of the people of the state itself. The community
decides the state and then state formulate and set these laws for all.

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Constitutional Laws:

Constitutional laws are all those “rules which directly or indirectly affect the
distribution or the exercise of power in the state”, and which are “enforced by the
courts”. Constitutional laws are the basic laws according to which the government
in a state conducts itself. In short, the laws that define, interpret and regulate the
functions of the government are known as constitutional laws.

Statute Laws:

The laws which are framed by the Legislative Assembly or by the Parliamentary are
known as Statute Laws. These days Democratic Government is popular in most of
the countries and most of the laws are farmed there by the Parliaments in those
countries.

Ordinance:

Ordinance are the orders issued by the executive branch of the government within
the powers prescribed to them by the law of the state. In simple words, the President
issues the orders, in the absence of Parliament, in order to face the emergency. As a
rule ordinances are not permanent. They are issued for the special purpose of facing
emergency.
Common Laws:

Common laws are those laws which rest on customs but are enforced by the law
courts like statute law. Common laws are quite popular in England.
Administrative Laws:

These laws look after the functions of different administrative agencies or we can
say constitutional authorities. It plays as a watchdog of the affairs between the civil
servants and the public and also decides the relationship between civil servants and
State.

Sources of Law

Holland gives the following six sources of law

_(1) Custom or Usage, (2) Religion, (3) Adjudication or.Judicial decision, (4) Scientific
Commentaries, (5) Equity,

Sources of Law:

1. Custom:

These are believed to be one of the most important sources of law. In earlier
times people used to follow certain customs which were accept by all and
which served as a fair, equal and just to all individuals. Different social
institution borrowed these customs. Who went against the will of custom
would face punishment. Later these customs took a new turn and formulated

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as an organized political institution having converted all the customs into law.
People started to believe these customs are best for them, therefore, they are
believed to be the best source of law.

2. Religion and Morality:

When we talk about religion and morality. Each religion has its own set of rules and
regulation which helps people be a good human. In past when there was no organized
institution of law so the religion played its rule. Religion was followed and whoever violated it
suffered punishment according to their religion. People had in mind that if they did well they
will enjoy in heaven. But with the improvement and human civilization people started to put
aside religion and began to go freely. Therefore some religious roles turned into properly
organized law. Few State took few rules and regulations and put them as the rule which
should be followed by all. Roles of morality and religion acted as source material to the state
to formulate the law.

3. Legislation:

In order days customs or rulers acted as the main source of lawmaking. But the later
government took place and in government, we have a body which is said to legislation which
now acts as a main source of law. Legislation converts all customs to guide people’s
behavior. Every state has its own legislative body which serves as a source and got the
identity of the legal sovereign from ruler to the legislation.

4. Delegated Legislation:

Due to less time, fewer people with professional skills and quick need of laws
to exercise the state gave rise to the delegation of legislation. The state got an
emergency to make laws as quickly as possible as it cannot rely on one
specific legislation. So the power to make law was divided into different
executives for easy, fast and smooth lawmaking process. Now it serves as a
giant source of law.

5. Judicial Decisions:

The judicial decision means the decision made by the court in accordance to
looking after the cases and interprets which law should be applied where.
There are certain situations when judicial decisions also become laws for
future and that is why have to be considered as a source of law. Decisions
made by main courts which are recognized as apex court can only be used as
proper law.

6. Equity:

This basically means acting fairly and serving justice to all. In some
exceptional cases, not all laws are suitable. So the judge as to uses his
intelligence and act with keeping in mind what is fair for whom. Equity serves
as a painkiller to those who are suffering and might be in future gain

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popularity and formulate laws on the basis of equity.

7. Scientific commentaries:

Many Jurists use scientific commentaries to make some laws better or we can say to
develop and evolve laws jurist need these scientific commentaries. Jurist points out
problems and strengths of the law and help this law to become stronger. The opinion given
by this jurist is then used as a reference to make a decision on certain cases.

Conclusion:

In conclusion we can say that, Law is the cycle of rules and regulation made by
people for the people and to the people. It is believed to be the best example of the
human activity which is truly determined to serve people and look after their welfare.
There is always a sovereign which formulates laws for a state and which helps the state to
function justly. We can say that Law is something which acts as a guideline
to be good for human nations. It is said to be a set of rules and regulations decided
by the state or sovereign and followed by the people of that place.

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References:
❖ Asirvatham.E, “Political Theory”. P. 324
❖ Maclver, “The Modern State”, P. 272
❖ Agarwal% R. C. “Political Theory”, S. Chand& Company Pvt. Ltd, New Delhi.
❖ www. Your article library. com