POLITICAL SCIENCE

IDEAS, CONCEPTS & IDEOLOGIES

LAW - MEANING AND DIMENSIONS

Laws have different meanings at different contexts. It is a body of principles recognized and
applied by the state through a set of institutions. They are virtually commands, ordering or
prohibiting certain actions and affect everyday life and society in a variety of ways. The
policies of the state are expressed through laws and disobedience/violation of laws involves
punishment.

The term law is derived from the old Teutonic root ‘lag’ which means something which
lies fixed. In English language the term law is used to denote something which is uniform.

Salmond: "Law is a collection of the rules which the state recognises and applies in the
administration of justice".

T.H.Green: " The law is a system of rights and obligations which the state enforces".
Characteristics / features of law:
1. Law is concerned with the external actions of the people.
2. Law is definite and is universally applicable.
3. Law is enforced by the supreme authority of the state.
4. Law is essential for maintaining peace and order in the state.
5. Violation of law is a crime and is punishable
6. Law is concerned with the external behavior of man.
7. Obedience of law is compulsory.
8. Law is meant for the welfare of all.
SOURCES OF LAW
According to Holland, Customs, Religion, Equity, Judicial Decisions, Scientific
Discussion and Legislation are the major sources law.
1. CUSTOMS:
● It is the earliest source of law
● In every society people observe certain common rules of conduct. These rules
of conduct are popularly known as customs
● When the state came into existence it recognised some of the customs and these
acquired the status of law.
2. RELIGION :
● In primitive society religion played a decisive role in the framing of laws. With
the passage of time, the religious principles went deep into human psychology.
● The modern jurists had to incorporate the religious principles in the body of
law.
● In India we can got the Hindu Law based on the Code of Manu, the
Mohammedian Law based on Quran and the Christian Law based on the Bible.
3. JUDICIAL DECISIONS
● The courts settle the disputes of the people in cases that come before them.
● The judicial decisions, are binding on the parties to the case. They also get
accepted as laws for future cases.
● But not all judicial decisions are laws. Only the judicial decisions given by
the apex court are recognized.
4. EQUITY
● It means fairness or justice.
● For deciding cases, the judges interpret and apply laws to the specific cases.
But laws cannot fully fit in each case. In such cases, judges depemd on
equity and act in accordance with the sense of fair play and justice
5. SCIENTIFIC COMMENTARIES
● The commentaries or writings of great jurists sometime become the important source of
law.
● " It provides the basis for new law, not the new law itself"
● Firstly the commentary appears for the convince of argument, but later on which the
authority is recognised and it becomes law. For example the commentaries of
Blackstone and Coke greatly influence to British legal system.
6. LEGISLATION
● Legislation is the modern and most important source of law mainly in democratic
countries. Legislature constantly repeals and amends the old laws which are
outdated or requires modifications.
● It makes new laws to meet the requirements of time. It is absorbing other sources
of laws
● Customs and equity are both largely replaced by legislative acts.
KINDS OF LAW
1. International Law: it is the body of rules which guides and directs the behaviour
of the states in international relations
2. National or Municipal Law: It is the body of the rule interacted by the state and
governs the rights and duties of the citizen towards each other and towards the state
within the municipal boundaries. While International Law is the law between the
states, National or Municipal Law is the law within the state.
3. Public Law : It is the law which determines the relationship between the state and
the citizens.
4. Private Law: It is the body of rules which governs the relationship of people
among themselves
5. Constitutional Law : It is the supreme law of the land. The laws that define,
interpret and regulate the functions of the government are known as Constitutional
Law
6. Administrative Law: Administrative Law is the part of public law which regulates
the conduct of public officials in discharge of their duties. Administrative This law is
not administered by the ordinary courts but by the administrative courts. In the words
of Dicey, Administrative Laws interpret the office and the responsibilities of
government servants.

7. Common Law: Common law is based on customs, traditions, and usages. They are
recognised and enforced by courts in England

8. Civil Law & Criminal Law: civil law is concerned with individuals rights, wealth,
property, marriage and divorce etc. but criminal laws are concerned with crime and
punishment.