gdpr-cookie-consent domain was triggered too early. This is usually an indicator for some code in the plugin or theme running too early. Translations should be loaded at the init action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /home/u570418163/domains/altechbloggers.com/public_html/wp-includes/functions.php on line 6131Have you ever felt the need for ‘law’ in your daily life? Have you seen anyone being arrested by the traffic police for violating traffic rules? Do you feel the need for a birth certificate at the time of childbirth? After death, do you know the importance of death certificate? In fact, law affects all aspects of our lives. It rules us from birth to death. It protects us from mother’s womb to our education, job, marriage and other important life events. The law plays an important role in our daily life, from buying a newspaper to buying a bottle of milk or any other small and big item necessary for our life. Law is so important to our lives that it becomes necessary to understand various aspects of law, such as what are the sources of law, what are the types of law and ultimately its application to the best use of our society.
‘Law’ refers to a rule that applies without discrimination to all actions. It is a hypothetical paradigm of conduct to which actions are or should conform. ‘Law’ is a vast set of rules and regulations, based largely on the general principles of justice, fairness and convenience and designed by government bodies to regulate human activities. In the broad sense, ‘law’ refers to the entire process by which organized society, through government bodies and personnel (law-makers, courts, tribunals, law enforcement agencies and the executive, penal and correctional institutions, etc.), is organized by the people of the society. Tries to enforce rules and regulations to establish and maintain peaceful and orderly relations between.
The idea of ‘law’ as a guide to human conduct is as old as the existence of a civilized society. The relevance of law in human practice has become so profound today that each individual has his own perception of its nature, which is undoubtedly influenced by his own attitudes. Not surprisingly, the search for a universally accepted definition of ‘law’ has been an endless journey.
Jurists have had conflicting and divergent views about the nature, concept, basis and functions of the law. The law’ is considered to be a system of rules set by God or a tradition of old customs or written knowledge of wise men or philosophically invented principles that express the nature of things or the determination of an eternal and immutable moral code. And as a group of declaration, or men/in politically organized societyAs a group of women’s agreements, or as a reflection of the divine logic or as a group of orders of the sovereign, or as a group of rules invented by human experience, or as a group of rules developed through judicial writings and judicial decisions or as a group of rules imposed on men/women by the dominant class in society Or as a set of rules in terms of economic and social goals of individuals.
Therefore, law can be defined firstly – by its basis in nature, logic, religion or morality, secondly – by its sources such as customs, precedent and law, thirdly – by its influence on the life of society, fourthly – by its method of formal expression or official application, and fifthly – by the objectives it seeks to achieve.
Although, there is no general definition of law that includes all aspects of law, some important definitions for general understanding are as follows:
For a proper and logical understanding of the law, its classification becomes necessary. It helps in understanding the principles and logical structure of the legal system. It clarifies the interrelationship of rules and their impact on each other and also helps in arranging the rules in a concise and systematic manner. The broad classification of legislation may be as follows:
Mainly, ‘law’ can be divided into two categories:
1.International law:
International law is a branch of law that contains rules that govern relations between states or nations. In other words, international law is a set of customary and traditional rules that are considered legally binding by civilized nations in their relations with each other. International law is based primarily on treaties between civilized nations. International law can be divided as follows:
(a) Public international law: It is the set of rules that govern the conduct and relations of the State with other States. For example, an extradition treaty between two States to repatriate fugitives.
(b) Private international law: Private international law means the rules and principles according to which matters involving foreign elements are decided. For example, if a contract is entered into between an Indian and a Pakistani citizen in India, which is to be executed in Ceylon, the rules and regulations on which the rights and obligations of the parties will be determined are referred to as ‘Private International Law’ Known as.
2. Municipal legislation or national legislation:
Municipal law is the branch of law that applies within a state. It can be divided into two classes.
(a) Public law: It governs the organization and functioning of the State and determines the relations of the State with its subjects. It can be divided into three classes:
i. Constitutional Law: Constitutional law is the basic or fundamental law of the state. It is a law that determines the nature of the state and the structure of government. It is superior to the common law of the country because the common law derives its authority and force from the constitutional law. The methods and procedures they employ when exercising their power; the methods by which their powers are controlled, and the remedies available against a person when their rights are violated by them.
ii. Administrative law: Administrative law regulates the formulation of rules and their implementation by government agencies. It ensures fairness, transparency and accountability in public decision making. It regulates activities such as licensing, regulation and public service delivery, and gives citizens the right to challenge unfair or unlawful administrative decisions.
iii. Criminal law: it defines offences and prescribes penalties for them. Its objective is to prevent and punish crimes because in civilized societies, ‘crime’ is not considered a crime against the individual, but against the society.
(b) Private Law: This branch of law controls and governs the mutual relations of citizens. This includes personal laws, such as Hindu law and Muslim law. Apart from these types of laws, there are some other types of laws:
To fully understand the concept of law, it is necessary to understand the sources of law. Source literally means the point from which anything emerges, grows, or originates. Therefore, the term ‘source of law’ means the source from which the rules of human conduct came into existence and acquired legal force of a binding nature. Broadly speaking, sources of law can be divided into the following types:
1.Custom: ‘Practice’ is the oldest and most important source of law. ‘Prattha’ is the embodiment of principles that have made their place in natural conscience as principles of justice and public utility. ‘Practice’ arises from repeated repetition of the same act, and, therefore, reflects the rules of habitual conduct within a community. Thus, uniformity of conduct in similar circumstances is the hallmark of ‘practice’.
Essential elements of a practice In order to be a legitimate source of law, a customary behaviour must satisfy certain requirements, of which the following are the most important: a. Antiquity: To recognize a ‘practice’ as law it must be proved that it has existed since time immemorial or for a long period. b. Continuity: The second essential element of a ‘practice’ is that it has been in continuous circulation. c. Rationality: A ‘practice’ should not be unreasonable, that is, its application should be rational according to the circumstances of individual cases. It should not be otherwise imprudent, harsh or inconvenient. d. Mandatory character: ‘Practice’ should have mandatory force. It must have the support of general public opinion and be enjoyed as a right. e. Certainty: A ‘practice’ must be certain. A ‘practice’ which is vague or uncertain cannot be recognized. f. Consistency: Customary rules should show a consistency in following a practice. If a practice has not been followed consistently it cannot attain the status of ‘practice’. g. Conformity with statutory law and public policy: A ‘practice’ must be consistent with statutory law and public policy.
2. Judicial precedent: Judicial precedent ‘example’ reflects a certain pattern on which future conduct may be based. This may be a preceding event, decision or action that has subsequently been followed up in parallel circumstances. ‘Judicial precedent’ is an independent source of law. Stare decisis’ is a Latin word meaning ‘to persist in prior judgments or precedents and not to tease fixed points’. Misal or stare decisis, denotes the use of prior judicial decisions as guides for future decision-making for lower courts in the hierarchy.
A ‘judicial precedent’ or ‘stare decisis’ has binding force for subsequent cases. The entire decision is not binding. In other words, not every statement made by a judge in an earlier decision is binding in a future case. Only those statements in a preceding decision, which can be said to be the reason for the decision of that case or the ‘ratio decision’, are binding as a general principle in subsequent cases. ‘Ratio adjudication’ is the general principle that is derived in a case. It is the rule of law on which the decision is based and it is authentic in nature.
In addition to the ratio decidendi’, a decision may also contain observations which are not precisely relevant to the issue presented before the Court. These comments may be comments on broader aspects of the law or answers to hypothetical questions raised by judges or lawyers during hearings. Such comments are ‘obiter dicta’ and are devoid of any binding authority in so far as they are not necessary for the decision.
3. Legislation: ‘Legislation’ is a deliberate process of legal development which involves the formulation of norms of human conduct in a certain form through a prescribed process by the agencies specified by the Constitution. ‘Legislation’ means making rules for human conduct. The word ‘legislation’ is derived from the word ‘legis’ which means ‘law’ and ‘latum’ which means to make or establish. Thus, the word ‘legislation’ means making laws. It is a source of law that involves the promulgation of legal regulations by the competent authority. ‘Legislation’ includes every expression of the will of the legislature, whether it is making laws or not.
When society came into existence, there was hardly any rule that could control the behavior of the people of the society. Chaos, barbarism and anarchy prevailed everywhere. In the process of development of civilization and society, there was a need for a system that could govern human behaviour and minimize conflicts between them, based on the prescribed principles of justice and fairness. Many means were developed for the development and betterment of the society.
The role of these means is described as follows:
Role of legal system: A legal system is a set of legal principles and norms to protect and promote the safe life of people in the society. As such, it plays an important role by recognizing people’s rights and setting duties for them, and providing a way to enforce these rights and duties. To implement these rights and duties, the justice system considers the socio-economic and political conditions of the society and sets its own goals, then creates a set of rules or principles and laws that help the society achieve its set goals. Let’s help.
Judges: Judges, who are warriors of justice, are independent of both the executive and the legislature in a democratic system. Therefore, they judge without any fear or favour. They decide the cases before them after proper investigation in accordance with the just, fair and reasonable principles of law for the delivery of justice.
Advocates: Advocates are the main officials who assist judges in the administration of justice. They are officers of the Court and are constituted as an independent profession under the Advocates Act, 1961. Without the expert assistance of advocates or lawyers from either party to a dispute, judges will have difficulty finding the truth on disputed facts and interpreting the law.
Civil Society: In democracy, ‘we the people’ i.e. citizens and their particular groups play an important role in good governance. They form ‘pressure groups’ to attract the attention of the legislature and the government, for example several movements led by Mahatma Gandhi during the freedom struggle. Effective participation of the public brings transparency, accountability and accountability in government.
‘Law’ is a vast set of rules and regulations based primarily on the general principles of justice and fairness and governing human conduct and behaviour. Broadly speaking, ‘law’ can be classified into international law and municipal (national) law, which can be further divided into public and private law and then substantive and procedural law. For a complete understanding of ‘law’, it is necessary to know where it comes from. Broadly speaking, customs, judicial precedents and legislation are the sources from which law emerges. Over time, society develops tools to control human conduct and behavior that can reduce confrontation and chaos in society. Legal system, constitution, courts, law staff especially judges, advocates, civil society play a very important role in implementing the rights and duties of citizens. It also prevents anarchy, conflict and corruption in the society.
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