Introduction to Law and Justice, Legal Method and Legal Studies, Lecture notes of Law

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Legal Methods

and

Legal Systems

LET US THINK AND ANSWER FEW QUESTIONS BEFORE WE COMMENCE THE CLASS. 

What is Law?



What comes to your mind when you

hear the word Law?



Do you think law is performing its

function effectively?



What can be done to make it effective

tool for delivering justice?

LAW 

Law’ is rule of human conduct, imposed

and enforced by State. It deals with

rules concerning external behaviour of

subjects. The law is an instrument

which helps the people to co-exist

peacefully in orderly manner.

LAW  Law includes all the rules and principles which regulate our relations with other individuals and the State, and which are enforced by State. The rules of conduct, if recognized by the State and enforced by it are termed as “Law”.

DEFINITIONS OF LAW  Salmond: Law is the body of principles recognised and applied by the State in the administration of justice. It is code of conduct established and enforced by the State. Thus law as abstract body rules and also a social machinery for securing order in the community.

DEFINITIONS OF LAW  Bentham’s Definition:  Law is an abstract or collective term which, when, it means anything can mean neither more or less than the sum total of a number of individual laws taken together.  Savigny defines law, “ The rule whereby the invisible borderline is fixed within which the being and the activity of each individual obtains a secure and free space.”

DEFINITION OF LAW  Professor Goodhart defines law as Those rules of conduct on which the existence of the society is based and the violation of which, in consequence, tends to invalidate the existence of the society.

Clause 3 of Article 13 of the Constitution of India :  (^) ‘law’ includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having the force of law ; An amendment to an existing law is also law. ‘Law’ in the context of the provisions of the Constitution of India may also be defined as – “It is an Act passed by the legislature and assented to by the President of India or Governor of a State.” [Arts 111 and 200 of the Constitution of India].

 However, law is more than just rules  Societies require order to allow people to live and deal with each other  Law is a means of creating and maintaining social order  (^) It does this by helping to deal with arguments and conflicts

NEED OF LAW: WHY LAW?  Man came out of nomadic life and started living together. This was the being of agricultural state. Man felt the need of control, or regulation etc. Rules governing behaviour were being evolved from time to time. Study of law means study of general principles which governs human relations

ROMAN PRINCIPLES: GOVERNS THE CONDUCT OF CIVILIZED SOCIETY. 

Honest vivire: Lead a life free from

crime and scandal.



Alterium-non-leadere: Give

everyman his due forbear from

encroaching or making unfounded

claims on what belongs to another.



Suam Cheque tribune: Forbear

from inflicting unlawful harm on

others.

PRINCIPLES OF ENGLISH LAW 

Hurt nobody by word or deed.



Be true and just in one’s dealings

SANCTIONS: WHAT IF LAW IS NOT FOLLOWED?  If some one breaks the process of ‘Peaceful’ order, he must face an unpleasant consequence. The compulsion to follow a rule in law, and the consequence for not following, is the ‘sanction’. The breach of rule result in violation of rights of some other person, remedy for which has to be provided. These rules regarding rights and wrongs emerged gradually, liabilities formulated, and sanctions prescribed.

JUSTICE  Justice is at the top among the aims and objectives to be achieved by the Constitution as enshrined in the Preamble.  The objective of ‘Justice’, social, economic and political is directly incorporated in Article38 of the Indian Constitution.