UNIT–I: LAW – MEANING, CLASSIFICATION & SOURCES
1. Meaning, Definition and Functions of Law
(A) Meaning of Law
Law refers to a system of rules recognized and enforced by a particular country or authority to regulate human conduct.
- It governs behavior in society
- Maintains order, justice, and security
- Provides rights and duties
👉 In simple terms:
Law = Rules + Authority + Enforcement
(B) Definitions of Law
Different jurists have defined law differently:
- Austin (Analytical School)
→ Law is the command of the sovereign backed by sanction. - Holland
→ Law is a general rule of external human action enforced by a sovereign authority. - Salmond
→ Law is the body of principles recognized and applied by the State in the administration of justice. - Roscoe Pound (Sociological School)
→ Law is a tool of social engineering.
(C) Functions of Law
Law performs several important functions in society:
1. Maintaining Order
- Prevents chaos and disorder
- Controls human behavior
2. Protection of Rights
- Safeguards individual rights (life, liberty, property)
3. Justice Delivery
- Ensures fairness and equality
- Resolves disputes through courts
4. Social Control
- Regulates conduct through norms and rules
5. Social Change
- Law acts as an instrument for reform
- Example: abolition of untouchability, child marriage laws
6. Coordination and Balance
- Balances conflicting interests in society
2. Classification of Law
Law can be classified into different types based on its nature and application:
(A) Private Law and Public Law
1. Private Law
- Governs relationships between individuals
- Focuses on personal rights and obligations
Examples:
- Contract Law
- Family Law
- Property Law
2. Public Law
- Governs relationship between individuals and the State
- Protects public interest
Examples:
- Constitutional Law
- Administrative Law
- Criminal Law
(B) Criminal Law and Civil Law
1. Criminal Law
- Deals with offenses against society/state
- Punishment is imposed
Examples:
- Theft, murder, assault
👉 Objective: Punish wrongdoers
2. Civil Law
- Deals with disputes between individuals
- Provides compensation/remedy
Examples:
- Breach of contract
- Property disputes
👉 Objective: Compensation, not punishment
(C) Substantive Law and Procedural Law
1. Substantive Law
- Defines rights, duties, and liabilities
- Tells what the law is
Examples:
- Indian Penal Code (IPC)
- Contract Law
2. Procedural Law
- Provides procedure to enforce rights
- Tells how the law is applied
Examples:
- Civil Procedure Code (CPC)
- Criminal Procedure Code (CrPC)
(D) Municipal Law and International Law
1. Municipal Law (Domestic Law)
- Applicable within a country
- Governs citizens and institutions
Examples:
- Indian Constitution
- Local laws
2. International Law
- Governs relations between nations
- Not enforced by a single authority
Examples:
- Treaties
- Conventions
👉 Types:
- Public International Law
- Private International Law
3. Sources of Law
Sources of law refer to the origins from which law derives its authority.
(A) Custom
Meaning:
Custom is the oldest source of law. It consists of practices followed continuously and accepted as binding.
Essentials of Valid Custom:
- Must be ancient
- Reasonable
- Continuous
- Not against public policy
Types:
- Legal Custom (recognized by law)
- Conventional Custom (based on agreement)
(B) Precedent
Meaning:
Judicial precedent refers to decisions of courts that are binding on lower courts.
👉 Principle: Stare Decisis
("To stand by decided cases")
Types:
- Binding precedent
- Persuasive precedent
Importance:
- Ensures consistency
- Saves time
- Develops law
(C) Legislation
Meaning:
Law made by a competent authority (Parliament/Legislature)
👉 It is the most important modern source of law
Types:
- Supreme Legislation (Parliament)
- Subordinate Legislation (Rules, Regulations)
Advantages:
- Clear and precise
- Easily amended
- Authoritative
Conclusion
- Law is essential for maintaining order and justice in society.
- It is classified into different categories based on function and application.
- Its main sources—custom, precedent, and legislation—help in the development and evolution of legal systems.