Preview

Sources of Law

Powerful Essays
Open Document
Open Document
3990 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Sources of Law
* CHAPTER 1 LAW AND ITS SOURCES Introduction Man is by nature a social being. He comes into contact with other individuals in different capacities. These contacts or associations are the inevitable consequence of modern civilization. In all these associations, he is expected to observe a Code of Conduct or a set of rules. The object of these set of rules is to make human associations possible; and ensure that members of the society may live ; and work together in an orderly and peaceful manner. 1.1 WHAT IS LAW The word `law` is a general term and over a period of time attained different connotations to signify varied purposes. Persons carrying different vocations prefer to identify `law` as to the purpose the prescribed set of rules are intended to achieve: - (i) A Citizen may think of law as a set of rules, which he must obey. (ii) A Lawyer who `practices law` may think of law as a vocation. (iii) A Legislator may look at law something created by him. (iv) A Judge thinks of law as a guide and principles to be applied to making decisions. (v) A Social Scientist may think of law as a means of social control. (vi) A Legal Philosopher may consider law as `dictate of reason` or `right reasoning. It is often preceded by an adjective to give it a more precise meaning e.g. Commercial/ Mercantile law, Civil law, Criminal law, Industrial law, International law. In the legal sense with which we are concerned in our study of Commercial Laws, the definition of `law` includes all the rules and principles which regulate our relations with other individuals and the State and which are enforced by the State. DEFINITON OF `LAW` - ARTICLE 13 (3) OF CONSITTUTION OF INDIA Clause 3 of Article 13 of the Constitution of India defines `law` as under (a) `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

You May Also Find These Documents Helpful

  • Good Essays

    When I think of the term ‘Law’ I visualize a sense of order, control, a dominion controlled by rules, which are enforced by individuals appointed with a general authority. The definition of the term law varies slightly but may be broad dependent due to the many variations and use of law. One definition of Law is defined as “a body of rules of action or conduct prescribed by controlling authority, and having legal binding force (Melvin, 2011). In this paper we will discuss the functions and role of law in business and society.…

    • 992 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Business Law Legt1710

    • 25471 Words
    • 102 Pages

    The Law is a systematic set of rules to control conduct within a society, created by parliament and is enforced by courts.…

    • 25471 Words
    • 102 Pages
    Powerful Essays
  • Good Essays

    Law can be defined as a set of enforceable rules of conduct which set down guidelines for relationships between people and organisations of society.…

    • 4156 Words
    • 16 Pages
    Good Essays
  • Good Essays

    A. Common law is a legal system that is largely formed by the decisions previously made by courts and not imposed by legislatures or other government officials. The reasoning used to interpret this type of law is known as casuistry, or case-based reasoning. It is a strict, principle-based reasoning that uses the circumstances of a case to evaluate the laws that are applicable. Decisions that were made about similar cases are valuable, and the case in question is evaluated on the basis of past cases. The strength of the similarity among the cases, in turn, strengthens the reasoning based on them.…

    • 1366 Words
    • 6 Pages
    Good Essays
  • Best Essays

    Legal Underpinning of Law

    • 1937 Words
    • 6 Pages

    Strauss, S. (2011) Get your business funded: Creative methods for getting the money you need…

    • 1937 Words
    • 6 Pages
    Best Essays
  • Satisfactory Essays

    The laws should be purposeful, public welfare oriented, unambiguous and practicable and made in an autocratic manner without due consideration for social welfare are liable to degenerate into an engine of oppression. The Ambiguity or uncertainty in criminal law not only causes inconvenience and irritation to the people but may also create traumatic conditions for a man if the law enforcing agency resorts to arrest or detain him, or seize his property, under the pretext of a legal provision interpreted contrary to its spirit. CRIMINAL SCENARIO IN INDIA- ‘Criminal justice system’ refers to the structure, functions, and decision processes of agencies that deal with the crime prevention, investigation, prosecution, and punishment and correction criminal justice system.…

    • 521 Words
    • 3 Pages
    Satisfactory Essays
  • Better Essays

    Laws have been around for many centuries since the beginning of time, as early as the years of Jesus. Although ideas have changed, laws still exist in modern day society everywhere you go. There are many forms of the law with all coincide with each other such as man-made law, common law, natural law, case law, civil law, roman law, and the list goes on. Although the law has not yet accepted a universal definition, it can be described as the system of rules that a particular country or community recognizes as regulating the actions of its members and may enforce the imposition of penalties. The objective of law was intended to maintain order as well as to avoid citizens from attempting to revolt, rebel, and overthrow the government. The law shapes politics, economics, and society in various ways and serves as a social mediator of relations between people. In order to create and maintain a safe and stable environment for each other people should obey the law. If the law is not obeyed there are consequences, it also protects the weak, there are many costs, its time consuming and there is also a big fear of punishment. Under civil law, the following specialties, among others, exist: Contract law regulates everything from buying a bus ticket to trading on derivatives markets. Property law regulates the transfer and title of personal property and real property. Trust law applies to assets held for investment and financial security. Tort law allows claims for compensation if a person's property is harmed. Constitutional law provides a framework for the creation of law, the protection of human rights and the election of political representatives. Administrative law is used to review the decisions of government agencies. International law governs affairs between sovereign states in activities ranging from trade to military action. To implement and enforce the law and provide services to the public by public servants, a government's…

    • 2105 Words
    • 9 Pages
    Better Essays
  • Good Essays

    Law is a set of rules and regulation prescribed by the administration in justice. The first and the foremost objective of law are welfare and betterment of society i.e. in easy words we can say that provide justice to a common man. In today’s era Change is constant, this is evident as the time is changing and so is the law in the form of amendment. But even in the new phase of legislations the “criminal justice system” of India is yet to improve. The biggest obstacle is that, we have very old substantive and procedural laws for the criminal justice system. The Indian Penal Code is of 1860; with the passage of time the conditions are changing. Before Indian Independence there were some moral values existed in the society but since the times are changing, the…

    • 857 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Ages ago, our forefather created a structure for rules of conduct called laws. Law helps to enforce and maintain ethical standards and civil obedience. In business and society the rules of conduct are essential to preserving order and harmony. The complexities of the law can be somewhat mind boggling when in fact the intent is to simplify discord. Nonetheless, its role and function in business and society is vital to the efficacy and effectiveness of everyday conduct. In this paper, illustration of the roles and functions of law in business and society are defined and explained.…

    • 706 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Introducing the Law

    • 1031 Words
    • 7 Pages

    The nature of law Chapter 1 Introducing the law Defining the law •Law is: – the set of rules, – made by the state, and – enforceable by prosecution or litigation. •Business law is: – The set of rules regulating businesses and business activities made by the state and enforceable by prosecution or litigation. Law’s ideals…

    • 1031 Words
    • 7 Pages
    Satisfactory Essays
  • Powerful Essays

    Criminal Justice System

    • 1221 Words
    • 5 Pages

    Law means a set of rules, regulations and principles by following which the society runs. Before you can be punished for the conduct most crimes require that you complete an affirmative act. Relationship between crime and law is without the strict enforcement of the law crime cannot be prevented. The two most common models on how society determines what acts are criminal are Due Process Model and Crime Control Model. Due Process highlights rights of a group of people and an individual’s right. Courts, quality, formality and individualization are the important issues that ensure the respect of due process.…

    • 1221 Words
    • 5 Pages
    Powerful Essays
  • Powerful Essays

    The Role of Law

    • 1071 Words
    • 5 Pages

    Law is a system or collection of “principles and regulations established in a community by some authority and applicable to its people.” (Dictionary.com) In the past, people viewed law as an unchanging factor that was a part of the natural order of life. Today, most lawmakers view law as a flexible instrument that can be used to accomplish a chosen purpose. “One strength of this instrumentalist attitude is its willingness to adapt the law to further the social good. A weakness, however, is the legal instability and uncertainty those adaptations often produce.” (Mallor, 2007) A few of the most important functions and roles of laws are to peaceably settle disputes, check government power, serve the economy and society, and protect the environment.…

    • 1071 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    Law is an arrangement or a system of principles that are upheld through social organizations to oversee conduct. (Robertson, Crimes against humanity ,2013, 90).Laws can be made by an aggregate council or by a solitary administrator, bringing about statutes, by the official through declarations and regulations, or by judges through binding precedent , normally in common jurisdictions.…

    • 1616 Words
    • 7 Pages
    Good Essays
  • Good Essays

    What is the Rule of Law?

    • 522 Words
    • 3 Pages

    Politicians, lawyers, economists and policy-makers often use the term rule of law to characterize a certain type of legal-political regime. As the pace of globalization has increased in the past two decades, many developing countries have prioritized their policy agendas to promote the rule of law. This FAQ provides an introductory explanation of the concept of the rule of law and how it relates to development. It concludes with a brief description of some of the criticisms that have been made about the concept of the rule of law.…

    • 522 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Laws reflect the political, social and economic relationships in the society. It determines rights and duties of the citizens towards one another and towards the state.…

    • 972 Words
    • 4 Pages
    Good Essays

Related Topics