Law

Meaning of Law

The word law comes from the Teutonic word 'lag' which means definitive

Law means a definite rule of conduct that is equally applicable to all the people of the State

A law is a general rule of external behaviour enforced by a sovereign authority. It is a binding and authoritative value made and implemented by the political system in its environment

Sources of Law

Types of Law

Customs and usages

Religion and morality

Legislation/Statutes

Equity

Scientific commentaries

Judicial decisions

A custom is a traditional and widely accepted way of behaving or doing something that is specific to a society, place, or time. Customs were practiced habitually and violations of customs were disapproved of and even punished by society. When the State emerged an organised political institution, it began acting by making and enforcing rules based on customs and traditions. Most laws had their birth when the state began converting customs into authoritative and binding values and rules.

Religion refers to faith and worship in a particular thing or deity. Morality is the principle concerning the distinction between right and wrong or good and bad. Religion compelled people to accept and obey religious codes. Religions came forward to formulate and prescribe codes of conduct. Rules of morality also appeared in society. The religious and moral codes of a society provided the state with the necessary material for regulating the actions of the people. The state converted several moral and religious rules into its states' laws

Legislation refers to the process of making and enacting laws. Statutory law is the law passed by the body of legislature. Since the emergence of legislatures, the legislation has emerged as a chief source of law. In contemporary times it is the most potent prolific and direct source of law. It is recognised as the chief means of formulation of the will of the state and carried out rule-making processes.

In contemporary times, judicial decisions have also emerged as an important source of law. It is the responsibility of the courts to interpret and apply laws to specific cases. The decisions of the court are binding on the parties to the dispute. Only the judicial decisions given by the apex court or courts stand recognised as the court of record - Supreme Court and High Court in India

Equity refers to fairness and a sense of justice. It is a source of law. For deciding cases, judges apply laws. However laws cannot always fully fit each case and they be silent in some respects. In these cases, judges depend on equity and act in accordance with their sense of fairness and justice. Such decisions can lay down rules for the future

Commentaries are short and focused articles written by a third person who is an expert in a field. These are used by courts for determining the meaning of law. It helps courts interpret and apply laws. They highlight the weaknesses with pre-existing laws and they can lead to changes in the laws too

Law

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private law

public law

administrative law

general public law

statutes

ordinances

common law

case law