LRM

Introduction…

▶ There is no universally accepted meaning attached to law, the meaning attached to law
depends on one’s theory of knowledge ideology and the general philosophy one subscribes
to its indeed this that has led scholars to find the definition of law difficult because
theories of law begin from different premises, and therefore non comparable, it has
therefore made it difficult to obtain an objective knowledge of law, this has been so,
because law may be perceived to mean different things depending on the school of jurists
that one looks at. Law depends on the purpose for which it is thought.
▶ There are a number of factors that determine the definition of law, first are the usage of
words.
▶ Words have different meanings in different circles of thinkers. Furthermore definitions
may be a matter of choice or criteria. This means that any definition will have limitations
because to define is strictly to substitute one word for another word or set of words and
these further words may need a further explanation.
▶ The definition of law also depends on the function it is given; it also depends on the actual
functions of the words used. Precision might not be attained but an approximation may be
useful.
▶ The term “Law’ denotes different kinds of rules and Principles. Law is an
instrument which regulates human conduct/behavior. Law means Justice,
Morality, Reason, Order, and Righteous from the view point of the society.
Law means Statutes, Acts, Rules, Regulations, Orders, and Ordinances from
point of view of legislature. Law means Rules of court, Decrees, Judgment,
Orders of courts, and Injunctions from the point of view of Judges. Therefore,
Law is a broader term which includes Acts, Statutes, Rules, Regulations,
Orders, Ordinances, Justice, Morality, Reason, Righteous, Rules of court,
Decrees, Judgment, Orders of courts, Injunctions, Tort, Jurisprudence, Legal
theory, etc.
▶ In old English “Lagu” i.e. law, ordinance, rule, regulation from old norse
“lagu” law collective Plural of “Lag” is layer, measure, stroke ‘Literally’
something laid down of fixed. The term law has different meanings in
different Places/societies at different times (as it is subject to amendments).
In Hindu religion law implies “Dharma” in Muhammadean religion (Islam) it is
“Hokum” in Roman its “Jus”, in French, its “Droit” in Arabic, Alqanoon, in
Persian and Turkish, its Kunoon, in Latin its “Legam” in Philipino its “Batas”
in Albanian language its “Ligj” in Czech its “Zakon” in Danish its “Lor” in
Dutch its “Wet” in Italian its “Legge” and in Lithuanian its “Teise” and so on.
It varies from place to place in the sense adultery is an offence in India
(under section 497 of the Indian penal code, 1860) while it is no offence in
America. Law differs from religion to religion in the sense personal laws viz.
Hindu law, Muslim law etc. differ from one another. For instance, A Muslim
can have four wives living at a time, but, a Hindu can have only one wife
living at a time (Monogamy). If a Hindu male marries again during the life
time of first wife he is declared guilty of the offence of bigamy and is
Punishable under sec. 494. The law is subject to change with the change in
society and also change in the Government/legislative through the
amendments/Acts.
▶ What law is or is perceived to be or is defined also, depends on the historical
moment when the definition is made. Usually the law adopted reflects the
interests of the dominant class or social group at the given time.
▶ Definitions have also depended on the ideological conception or attitudes of
the Jurists. The definition of law depends on whether one adopts an idealist
or materialist world outlook. It depends on whether one subscribes to
socialism or capitalism even within these camps we have sub ideological
differences such as the neo-Marxists, the dualist and others.
▶ The most important natural theorist was medieval catholic theologian St.
Thomas Aquinas who in his book summa theological stated that:
▶ “The law is a rule of measure of action in virtue of which one is led to
perform certain actions and restrained from the performance of others.”
▶ St. Thomas Aquinas created a hierarchy of law namely eternal law natural
law (natural morality) and Human law. Aquinas argued as follows:
▶ “The validity of law depends upon its justice. But in human affairs a
thing is said to be just when it is in agreement with the rule of reason.
And the first rule of reason is natural law.”
Definitions of law

▶ According to Austin: ‘Law is the aggregate of rule set by men as politically

superior, or sovereign, to men as politically subject.” It means law is
command of sovereign. In his definition Command, duty and sanction are the
three elements of law.
▶ Salmond: - “the law may be defined as the body of principles recognized and
applied by the state in the administration of Justice.
▶ Hart defined law as a system of rules, a union of primary and secondary
rules.
▶ Max Weber , "Law…exist if it is externally guaranteed by the probability of
coercion (physical or psychological) to bring about conformity or avenge
violation, and is applied by a staff of people holding themselves specially
ready for that purpose."
▶ Gray’s Definition of Law:- According to Gray, “the Law of the State or of any
organized body of men is composed of the rules which the courts, that is the
judicial organ of the body lays down for the determination of legal rights and
duties.
▶ Holland’s definition of law: Thomas Erskine Holland, a reputed Jurist, who followed
the Austin’s concept and nature of law attempted to define law as law is a General
rule of external human action enforced by a political sovereign. Holland also
measures or defines law with preference to sovereign devoid of moral, ethical or
ideal elements which are foreign to law and Jurisprudence.
▶ John Erskine definition of law: Law is the command of a sovereign, containing a
common rule of life for his subjects and obliging them to obedience.
▶ Hans Kelsan’s definition of Law: According to Kelsan legal order is the hierarchy of
the norms, every norm derive its validity from the superior norm and finally there
is highest norm known as grundnorm.
▶ Blackstone’s Definition: "Law in its most general and comprehensive
sense means a rule of action or actions whether animate or inanimate,
rational or irrational. Thus we say, the law of motion, gravitation, nature
and of nation.
▶ Purpose and scope of Law
▶ According to Roscoe Pound there are four purposes of law
▶ To maintain law and order within a society
▶ To maintain the status-quo in society
▶ To enable individuals to have the maximum freedom
▶ The maximum satisfaction of the needs of the people
▶ Laws are created because it helps prevent chaos from happening within the
environment and as well as society. In business law sets guide lines regarding
employment regulatory, compliance, even inter office regulations.
▶ Without law our society would be chaotic, uncivilized mess and anarchy
would reign supreme. The role that law has in society is that it creates a
norm of conducts in the society we live in laws are made to protect its
citizen from harm. It set in way that all citizens are given equal opportunity,
protection from harm no matter your race, Gender, religion and social
standing.
▶ Under the law all its citizens are guarantee equal protections. In society laws
are made to promote the common good for everyone. That is, it sets up
Guidelines for equal participation, protections, etc. for harmony
▶ As the law may be defined as a rule of human conduct that emanates from a
source recognized as competent by the legal order and which prescribes the
imposition of a sanction or penalty in the event of disobedience.'
▶ In primitive communities, and to some degree in developed societies also,
the laws emanate directly from the people, i.e. from the undifferentiated
mass of the subjects governed by them. It follows that no particular person
or organ can be identified as their source. Such laws are called customs. In
the modem State, nearly all laws emanate from some organized body or
authority having competence, either directly or indirectly, under the
constitution.
▶ Law takes care of the well being of the state and the subjects of the state
through its agencies and frameworks.
▶ Law maintains and has the duty to maintain obligations of the state eg,
international relations, public policies etc.
▶ Thus the laws may be enacted by some such specialized legislative organ as a
parliament or by some organ which is primarily concerned with some other
governmental function, e.g. a iaw court. Or they may be enacted by some
subordinate body or authority to which an authority which itself possesses
competence under the constitution has delegated legislative powers. Such
laws are usually called statutes (when they emanate from a specialized
legislative organ), judgments (when they emanate from a court), and
regulations, by-laws, orders or decrees (when they emanate from some other
organ). Unlike customary laws all of them emanate only indirectly from the
people or subjects that they govern
▶ In modern times, new branches of law are growing and developing very fast.
These laws are of such composite nature that they partake the nature and
characteristics of many of branches of the law and do not fall into any one
class exclusively for example we may take the commercial law. It cuts across
the two branches of law i.e the law of obligation and the law of property.
Similarly, contemporary law also partakes the characteristics of many
branches of the law. With the change in the concept of the State and law
many branches of private law have shifted and have become part of the
public law. In totalitarian States this change has taken place to a
considerable degree. So, the scope of law can be said to be ever changing
and ever growing
Nature of law…

▶ Law, in its most general and comprehensive sense, signifies a rule of action; and is
applied indiscriminately to all kinds of action, whether animate or inanimate,
rational or irrational. Thus we say, the laws of motion, of gravitation, of optics, or
mechanics, as well as the laws of nature and of nations. And it is that rule of action
which is prescribed by some superior, and which the inferior is bound to obey. …..
Blackstone
▶ the laws of his Creator, for he is entirely a dependent being. A being, independent
of any other, has no rule to pursue, but such as he prescribes to himself; but a
state of dependence will inevitably oblige the inferior to take the will of him on
whom he depends as the rule of his conduct; not, indeed, in every particular, but
in all those points wherein his dependence consists. This principle, therefore, has
more or less extent and effect, in proportion as the superi- ority of the one and the
dependence of the other is greater or less, absolute or limited. And consequently,
as man depends absolutely upon his Maker for every thing, it is necessary that he
should, in all points, conform to his Maker’s will.
▶ the laws of his Creator, for he is entirely a dependent being. A being, independent
of any other, has no rule to pursue, but such as he prescribes to himself; but a
state of dependence will inevitably oblige the inferior to take the will of him on
whom he depends as the rule of his conduct; not, indeed, in every particular, but
in all those points wherein his dependence consists. This principle, therefore, has
more or less extent and effect, in proportion as the superi- ority of the one and the
dependence of the other is greater or less, absolute or limited. And consequently,
as man depends absolutely upon his Maker for every thing, it is necessary that he
should, in all points, conform to his Maker’s will.
▶ This law of nature, being coeval with mankind, and dictated by God himself, is of
course superior in obligation to any other. It is binding over all the globe in all
countries, and at all times: no human laws are of any validity, if contrary to this;
and such of them as are valid derive all their force and all their authority,
mediately or immediately, from this original.
▶ If man were to live in a state of nature, unconnected with other individuals, there would
be no occasion for any other laws than the law of nature, and the law of God. Neither
could any other law possibly exist: for a law always supposes some superior who is to make
it; and, in a state of nature, we are all equal, without any other superior but Him who is
the author of our being. But man was formed for society; and, as is demonstrated by the
writers on this subject, is neither capable of living alone, nor indeed has the courage to do
it. However, as it is impossible for the whole race of mankind to be united in one great
society, they must necessarily divide into many, and form separate states, commonwealths,
and nations, entirely independent of each other, and yet liable to a mutual intercourse.
Hence arises a third kind of law to regulate this mutual intercourse, called “the law of
nations,” which, as none of these states will acknowledge a superiority in the other,
cannot be dictated by any, but depends entirely upon the rules of natural law, or upon
mutual compacts, treaties, leagues, and agreements between these several communities:
in the construction also of which compacts we have no other rule to resort to, but the law
of nature; being the only one to which all the communities are equally subject; and
therefore the civil law very justly observes, that quod naturalis ratio inter omnes homines
constituit, vocatur jus gentium.
Nature of law…
▶ Natural law holds that law and morality are connected.  Law is not simply
what is enacted in statutes, and if legislation is not moral, then it is not law,
and has no authority.
▶ In order for man-made law to be valid it must accord with the higher law.
▶ St Thomas Aquinas , called such law (without moral content) a “perversion of
law”.  Natural law theory asserts that there is an essential connection
between law and morality. This view is frequently summarised by the maxim:
“an unjust law is not a true law”.  It follows that if it is not true law we need
not obey it.
▶ Man made law still exists, even if Natural law holds it to be inferior
▶ In 1534 Thomas More believed that he was bound be a higher law (God's law)
to a greater extent than the man-made law and was executed.  More refused
to accept that Henry VIII and Parliament could usurp papal authority by
declaring the king the head of the Church.
▶ Before the Christian philosophers, the classical Greek philosophers
considered man-made law to be inferior to the laws of nature. Although the
laws of nature decreed that people should live in communities, the rules
people created to regulate those communities were man-made and
subservient to the laws of nature.
▶ Cicero said, "True law is right reason in agreement with nature; it is of
universal application, unchanging and everlasting; it summons to duty by its
commands, and averts from wrongdoing by its prohibitions. ... We cannot be
freed from its obligations by Senate or People, and we need not look outside
ourselves for an expounder or interpreter of it. And there will not be
different laws at Rome and at Athens, or different laws now and in the
future, but one eternal and unchangeable law will be valid for all nations
and for all times..."
▶ Positivism emphasizes the separation of law and morality. According to legal positivists,
law is man-made, or “posited,” by the legislature. Where natural law theorists may say
that if a law is not moral there is no obligation to obey it, by appealing to moral or
religious principles, but positivists hold that until a duly enacted law is changed, it remains
law, and should be obeyed.

▶ Legal positivism regards law as a system of clearly defined rules, the law is defined by the
social rules or practices that identify certain norms as laws. Jeremy Bentham (English
philosopher and jurist born 1748) proposed the Utilitarian principle which means that the
law should create “the greatest happiness of the greatest number”.  Bentham had little
time for natural law  The version of legal positivism of his pupil, Austin was based on the
notion that the law is the command of the sovereign backed by the threat of punishment.

▶ Hans Kelsen (Austrian lawyer and philosopher born 1881) Kelsen's version of Legal

Positivism was that there is no necessary connection between law and morals, and that law
did not require moral validation to be legitimate. 
▶ Natural lawyers deny this insight, insisting that a putative norm cannot become
legally valid unless it passes a certain threshold of morality. Positive law must
conform in its content to some basic precepts of natural law, that is, universal
morality, in order to become law in the first place. In other words, natural lawyers
maintain that the moral content or merit of norms, and not just their social origins,
also form part of the conditions of legal validity. And again, it is possible to view
this position as a non-reductive conception of law, maintaining that legal validity
cannot be reduced to non-normative facts.
▶ The Separation Thesis is an important negative implication of the Social Thesis,
maintaining that there is a conceptual separation between law and morality, that
is, between what the law is, and what the law ought to be. The Separation Thesis,
however, has often been overstated. It is sometimes thought that natural law
asserts, and legal positivism denies, that the law is, by necessity, morally good or
that the law must have some minimal moral content
▶ The Social Thesis certainly does not entail the falsehood of the assumption
that there is something necessarily good in the law. Legal positivism can
accept the claim that law is, by its very nature or its essential functions in
society, something good that deserves our moral appreciation. Nor is legal
positivism forced to deny the plausible claim that wherever law exists, it
would have to have a great many prescriptions which coincide with morality.
There is probably a considerable overlap, and perhaps necessarily so,
between the actual content of law and morality. Once again, the Separation
Thesis, properly understood, pertains only to the conditions of legal validity.
It asserts that the conditions of legal validity do not depend on the moral
merits of the norms in question. What the law is cannot depend on what it
ought to be in the relevant circumstances.
Common law and civil law

▶ The Norman kings ruled with the help of the most important and powerful
men in the land who formed a body known as the Curia Regis (King’s Council).
This assembly carried out a number of functions: it acted as a primitive
legislature, performed administrative tasks and exercised certain judicial
powers. The meetings of the Curia Regis came to be of two types: occasional
assemblies attended by the barons and more frequent but smaller meetings
of royal officials. These officials began to specialise in certain types of work
and departments were formed. This trend eventually led to the development
of courts to hear cases of a particular kind. The courts which had emerged by
the end of the 13th century became known as the Courts of Common Law
▶ and they sat at Westminster. The first to appear was the Court of Exchequer.
It dealt with taxation disputes but later extended its jurisdiction to other
civil cases. The Court of Common Pleas was the next court to be established.
It heard disputes of a civil nature between one citizen and another. The
Court of King’s Bench, the last court to appear, became the most important
of the three courts because of its close association with the king. Its
jurisdiction included civil and criminal cases and it developed a supervisory
function over the activities of inferior courts. The Normans exercised central
control by sending representatives of the king from Westminster to all parts
of the country to check up on the local administration. At first these royal
commissioners performed a number of tasks: they made records of land and
wealth, collected taxes and adjudicated in disputes brought before them.
Their judicial powers gradually became more important than their other
functions
▶ To begin with, these commissioners (or justices) applied local customary law
at the hearings, but in time local customs were replaced by a body of rules
applying to the whole country. When they had completed their travels round
the country, the justices returned to Westminster where they discussed the
customs they had encountered. By a gradual process of sifting these customs,
rejecting those which were unreasonable and accepting those which were
not, they formed a uniform pattern of law throughout England. Thus, by
selecting certain customs and applying them in all future similar cases, the
common law of England was created. A civil action at common law was
begun with the issue of a writ which was purchased from the offices of the
Chancery, a department of the Curia Regis under the control of the
Chancellor. Different kinds of action were covered by different writs. The
procedural rules and type of trial varied with the nature of the writ. It was
essential that the correct writ was chosen, otherwise the claimant would not
be allowed to proceed with his action.
Civil Law

▶ Civil law  systems, also called continental or Romano-Germanic legal systems,

are found on all continents and cover about 60% of the world. They are based
on concepts, categories, and rules derived from Roman law, with some
influence of canon law, sometimes largely supplemented or modified by local
custom or culture. The civil law tradition, though secularized over the
centuries and placing more focus on individual freedom, promotes
cooperation between human beings.
▶ In their technical, narrow sense, the words civil law describe the law that
pertains to persons, things, and relationships that develop among them,
excluding not only criminal law but also commercial law, labor law, etc.
Codification took place in most civil law countries, with the French Code
civil and the German BGB being the most influential civil codes.
Some salient features of the civil law:

▶ A comprehensive system of rules and principles usually arranged in codes and easily
accessible to citizens and jurists.
▶ A well organized system that favors cooperation, order, and predictability, based on a
logical and dynamic taxonomy developed from Roman law and reflected in the structure of
the codes.
▶ An adaptable system, with civil codes avoiding excessive detail and containing general
clauses that permit adaptation to change.
▶ A primarily legislative system, yet leaving room for the judiciary to adjust rules to social
change and new needs, by way of interpretation and creative jurisprudence.
▶ Clear expression of rights and duties, so that remedies are self-evident.
▶ Simplicity and accessibility to the citizen, at least in those jurisdictions where it is
codified.
▶ Advance disclosure of rules , silence in the code to be filled based on equity, general
principles, and the spirit of the law.
▶ Richly developed and to some extent transnational academic doctrine inspiring the
legislature and the judiciary.
▶ In North America , civil codes are found in Louisiana and Quebec.
▶ In Central and South America , almost all countries have civil codes.
▶ In Asia, many countries have received the civil law and have civil codes, such as
Indonesia, Japan, Kyrgyzstan, and Lebanon.
▶ Countries of  Africa that once were colonized by continental European nations have
kept many aspects of the civil law traditions. The Civil Code of Egypt has a
significant influence in Africa and the Middle East, whilst the Roman-Dutch law
applied in South Africa was never codified.
▶ Some remnants of the civil law traditions are to be found on some Pacific islands ,
especially in the French territories of New Caledonia or Tahiti.
▶ In mixed jurisdictions , chiefly found in America, Africa, and Asia, but also in
Europe, the civil law coexists with other legal traditions such as the common law,
customary law, or Islamic law.
Civil v Common law systems

Legal System Legal system Legal system

originating in characterized by
Europe whose case law, which is
most prevalent law developed by
feature is that its judges through
core principles are decisions of courts
codified into a and similar
referable system tribunals.
which serves as
the
primary source of
law.
 Precedent Only used to determine administrative of
constitutional court matters
Jury opinion In cases of civil law, the opinion of the jury
may not have to be unanimous. Laws vary
by state and country. Juries are present
almost exclusively in criminal cases; virtually
never involved in civil actions. Judges
ensure law prevails over passion.
Used to rule on future or present cases
Juries are comprised only of laypersons —
never judges and, in practice, only rarely
lawyers — and are rarely employed to
decide non-criminal matters outside the
United States. Their function is to weigh
evidence presented to them, and to find
faults in the act or omission.
Role of judges Chief investigator; Makes rulings; sets
makes rulings, precedent; referee
usually non-binding to between lawyers.
3rd parties. In a civil Judges decide
law system, the matters of law and,
judge’s role is to where a jury is absent,
establish the facts of they also find facts.
the case and to apply Most judges rarely
the provisions of the inquire extensively
applicable code. into matters before
Though the judge them, instead relying
often brings the on arguments
formal charge presented by the part
Types of Law

▶ There are various ways in which the law may be classified; the important are
as follows:
▶ Public and private law. (a) Public law. Public law is concerned with the
relationship between the state and its citizens. This comprises several
specialist areas such as: (i) Constitutional law. Constitutional law is
concerned with the workings of the constitution. It covers such matters as
the position of the head, the composition and procedures of Parliament, the
functioning of central and local government, citizenship and the civil
liberties of individual citizens.
▶ International Law , unlike most other areas of law, has no defined area or
governing body, but instead refers to the many and varied laws, rules and
customs which govern, impact and deal with the legal interactions between
different nations, their governments, businesses and organizations, to
include their rights and responsibilities in these dealings. 

The immense body that makes up international law encompasses a piecemeal

collection of international customs; agreements; treaties; accords, charters
(i.e. the United Nations Charter); protocols; tribunals; memorandums; legal
precedents of the International Court of Justice (aka World Court) and more.
Without a unique governing, enforcing entity, international law is a largely
voluntary endeavor, wherein the power of enforcement only exists when the
parties consent to adhere to and abide by an agreement. 
▶ There are both national laws and international agreements which govern/
regulate international business transactions, which include investments,
offshore banking, contracts, imports/exports, tariffs, dumping, trade and
more. 

Although there is no definitive governing body overseeing international law,

the United Nations is the most widely recognized and influential
international organization and the International Court of Justice (ICJ) is its
judicial counterpart. 

International law may further be broken down as public or private. Public

International law covers the rules, laws and customs that govern and monitor
the conduct and dealings between nations and/or their citizens. The UN
deals largely with public international law. Private International law
(Conflict of laws) handles disputes between private citizens of different
nations. 
No. Public International Law Private International Law / Law of Conflicts

1) Public International law is the body of legal rules, Conflict of laws, often called Private International Law. Private International Law
which applied between Sovereign States and other regulating relationship between Private persons (Natural or Legal) of two different
International Personalities. States.

2) Public International law rules are outcome of Private International law rules are framed by the State legislature.
International custom and treaties.

3) Public International law is enforced by international Private International Law is enforced by the concerned State executive.   
pressure and fear for example – breakage of
diplomatic relations, sanctions etc.

4) In public International Law there is no In private International Law courts are predetermined.
Predetermined Court.

5) Public International Law is same for all the States. Private International Law differ from state to state.
▶ Municipal law  is the national,  domestic , or internal law  of a sovereign state
defined in opposition to international  law .  Municipal law  includes many levels
of  law : not only national  law  but also state, provincial, territorial, regional, or
local  law .
▶  A municipal law has two meanings. Broadly and classically it means the laws
pertaining to the internal government of a State or nation. In its more modern and
narrower connotation it means those laws which pertain to towns, cities and
villages and their local governments.
▶ Municipal law is specific to a particular county, city, town, or township, or other
district or governmental entity possessing corporate status and usually its own
governing body. Generally, governmental subdivisions are referred to as
municipalities. The main power for law making is derive their authority from the
supreme power in the state and are typically operated by varying forms of
governing bodies comprised of elected and/or appointed officials who are
responsible for directing the affairs of the municipality through the promulgation of
laws, policies, and regulations.     
▶ Administrative law. There has been a dramatic increase in the activities of
government during the last hundred years. Schemes have been introduced to
help ensure a minimum standard of living for everybody. Government
agencies are involved, for example, in the provision of a state retirement
pension, income support and child benefit. A large number of disputes arise
from the administration of these schemes and a body of law, administrative
law, has developed to deal with the complaints of individuals against the
decisions of the administering agency.  It covers a wide and varied area of
practice, encompassing many different types of governmental legal
procedures and regulations, and is not easily defined. Much of government
and its public programs operate largely through various agencies on different
levels: federal, state, county, and city. These agencies are also known as
boards, commissions, departments, and divisions. 
▶ Constitutional Law
Constitutional law deals with the fundamental principles by which the
government exercises its authority. In some instances, these principles grant
specific powers to the government, such as the power to tax and spend for
the welfare of the population. Other times, constitutional principles act to
place limits on what the government can do, such as prohibiting the arrest of
an individual without sufficient cause. In most nations, like India, Australia,
the United States, constitutional law is based on the text of a document
ratified at the time the nation came into being.  Constitutional law refers to
rights carved out in the federal and state constitutions. The majority of this
body of law has developed from state and federal supreme court rulings,
which interpret their respective constitutions and ensure that the laws
passed by the legislature do not violate constitutional limits.
▶ (iii) Criminal law. Certain kinds of wrongdoing pose such a serious threat to
the good order of society that they are considered crimes against the whole
community. The criminal law makes such anti-social behaviour an offence
against the state and offenders are liable to punishment. The state accepts
responsibility for the detection, prosecution and punishment of offenders.
▶ Criminal law  refers to a body of laws that apply to criminal acts. In instances
where an individual fails to adhere to a particular criminal statute, he or she
commits a criminal act by breaking the law. This body of laws is different
from civil law, because criminal law penalties involve the forfeiture of one's
rights and imprisonment. Conversely, civil laws relate to the resolution of
legal controversies and involve money damages.
▶ The main theories for criminal law include: to deter crime, to reform the
perpetrator, to provide retribution for the act, and to prevent further crimes.
▶ (b) Private law. Private law is primarily concerned with the rights and duties
of individuals towards each other. The state’s involvement in this area of law
is confined to providing a civilised method of resolving the dispute that has
arisen. Thus, the legal process is begun by the aggrieved citizen and not by
the state. Private law is also called civil law and is often contrasted with
criminal law.
▶ Procedural law provides the process that a case will go through (whether it goes to trial or not). The
procedural law determines how a proceeding concerning the enforcement of substantive law will occur.
Substantive law defines how the facts in the case will be handled, as well as how the crime is to be charged.
In essence, it deals with the substance of the matter. Even though both are affected by Supreme Court
opinions and subject to constitutional interpretations, each serves a different function in the criminal justice
system. Procedural law is exactly what the name implies. It sets out the procedure for how a criminal case will
proceed. Every state has its own set of procedures which are usually written out in a set of rules called a code
of criminal procedure. The basic rules which most jurisdictions follow include:
▶ An arrest must be based on probable cause;
▶ A state or federal prosecutor files a charging instrument setting out what you are accused of doing;
▶ You are arraigned on the charges;
▶ You advise the court whether or not you are seeking court-appointed counsel;
▶ A bond amount will be set in your case;
▶ You will be sent notice of a court appearance;
▶ If you cannot reach a plea bargain agreement, then your case is set for a pre-trial and trial;
▶ If you are convicted at trial, you have the right to appeal.
▶ Substantive law, on the other hand, deals with the “substance” of your
charges. Every charge is comprised of elements. Elements are the specific
acts needed to complete a crime. Substantive law requires that the
prosecutor prove every element of a crime in order for someone to be
convicted of that crime. What elements are required will depend on the
crime with which you are charged and the state’s substantive laws.
Substantive law is a statutory law that deals with the legal relationship
between people or the people and the state. Therefore, substantive law
defines the rights and duties of the people, but procedural law lays down the
rules with the help of which they are enforced. 
▶ (A) PUBLIC LAW (B) PRIVATE LAW A) PUBLIC LAW:- The State activities are largely
regulated by Public law. It determines and regulates the organization and functioning of
the State and determines the relation of the State with the subject. public law may be
divided into three classes:- (A) Constitutional law (B) Administrative law and (C) Criminal
law (A) Constitutional law: By constitutional law is meant that law which determines the
nature of the State and the Structure of the Government. It is above and superior to the
Ordinary law of the land. Constitutional law is the basic law or fundamental law of the
State. The constitutional law may be written as in India or unwritten as in England. In
modern times there is tendency to adopt written constitution. (B) Administrative Law:-
Administrative law deals with the structures powers and the functions of organs of the
administration, the limits of their Powers, the methods and Procedures followed by them
in exercising their powers and functions; the methods by which there power are controlled
including the legal remedies available to a person against them when his rights are
infringed by their operation. (C) Criminal law:- Criminal law defines offences and
prescribes punishment for them. Its aim is the prevention of and punishment for offences.
Criminal law is necessary for the maintenance of order and peace within the State. In
civilized societies crime is considered to be wrong not only against the individual (who has
been wronged) but a wrong against the society. Therefore, the State initiates the
proceedings against the offender, and thus it is always a party in criminal cases. This is
why the criminal law is considered as a branch of public law.
▶ (D) Private Law: - This branch of law regulates and governs the relations of citizens
with each other. The parties in such cases are private individuals and the State
through its judicial organ adjudicates the matters in dispute between them. In
these cases the State takes the position of only an arbiter. But it does not mean
that the State regulates all the conducts and relations of the citizens but regulates
only such of them as are of public importance and these relations (which State
regulates) constitute the civil rights of the citizens. The major part of municipal
law consists of this branch of law but in Totalitarian States the public law regulates
the major part of the social life. In the Classification of private law there is great
difficulty. Different Jurists have given different classification, a very General
classification is as follows:- 1. The law of Persons 2. The law of Property 3. The law
of obligations 4. The conflict of laws The law of obligations is divided into three
classes. (i) Contract (ii)Quasi contract, and (iii) Tort The classification is only
substantive law. The procedural law and Evidence are also the branches of the
Private law.
Significance of study of law

▶ Regulation of Conduct:
▶ Law controls human action of citizen with putting sanction on it. Because
some acts of person may be illegal although it may not be immoral so some
acts has to be control by state only. Law is an enactment made by the state.
It is backed by physical coercion. Its breach is punishable by the courts. It
represents the will of the state and realizes its purpose. 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.
It protects the private and public right of citizen by putting sanction on it. It
is through law that the government fulfils its promises to the people. It
reflects the sociological need of society. The concept of law is emerged from
moral philosophy. Law and morality are intimately related to each other.
Laws are generally based on the moral principles of society. Both regulate
the conduct of the individual in society.
▶ It is the duty of the state to formulate such laws as will elevate the moral standard
of the people. The laws of a state thus conform to the prevailing standard of
morality. Earlier writers on Political Science never made any distinction between
law and morality. Plato's Republic is as good a treatise on politics as on ethics. In
ancient India, the term Dharma connoted both law and morality. Law, it is pointed
out, is not merely the command of the sovereign, it represents the idea of right or
wrong based on the prevalent morality of the people. Moreover, obedience to law
depends upon the active support of the moral sentiments of the people. Laws
which are not supported by the moral conscience of the people are liable to
become dead letters. For example laws regarding Prohibition in India have not
succeeded on account of the fact that full moral conscience of the people has not
been aroused in favor of such laws. As Green put it, "In attempting to enforce an
unpopular law, a government may be doing more harm than good by creating and
spreading the habit of disobedience to law. The total cost of such an attempt may
well be greater than the social gain." Although law and morality arc interdependent
yet they differ from each other in their content, definiteness and sanction
Policies

▶ Policies and procedures are the backbone of any law enforcement agency.
▶ Like a compass, they direct you and your officers toward optimal safety and
professionalism. They help create the culture of your team and set the
standard for everyone to be successful on the job.
▶ Public policy  is the means by which a government maintains order or
addresses the needs of its citizens through actions defined by its constitution.
If this definition sounds vague or confusing, it's likely because a public policy
is generally not a tangible thing but rather is a term used to describe a
collection of laws, mandates, or regulations established through a political
process.
▶ Because public policies are in place to address the needs of people, they are often
broken down into different categories as they relate to society. Looking at some
examples of these categories should give you an idea of how public policy fits into
each area of society.
▶ Health policy , for example, covers not only the insurance mandates discussed
above, but refers to all policies related to the health of a particular group. When
the AIDS epidemic emerged in the early 1980s, governments around the world had
to craft new policies around how the disease would be treated, what steps they
would take to educate the public, and so on.
▶ Another important type of public policy in a society is its legal policy.  Legal
policy  covers the laws used to determine, among other things, what will be
considered a crime, how that crime will be punished, and who will be responsible
for handing out the punishment. For example, in most cases, the act of murder is a
crime that is often punished with a lengthy prison sentence or even the death
penalty. The classification of murder as a crime and the common punishment for
the crime are both examples of how a government responds to a problem using
public policy.
▶ Individuals and groups often attempt to shape public policy through
education, advocacy, or mobilization of interest groups. Shaping public
policy is obviously different in Western-style democracies than in other forms
of government. But it is reasonable to assume that the process always
involves efforts by competing interest groups to influence policy makers in
their favor.

A major aspect of public policy is law. In a general sense, the law includes
specific legislation and more broadly defined provisions of constitutional or
international law. There are many ways that the law can influence how
survivors of violence against women are treated and the types of services
they receive. Likewise, legislation identifies areas in which research grants
can be funded and often determines the amount of funding allocated. Thus,
it is not surprising that public policy debates occur over proposed legislation
and funding.
▶ The making of public policy for a country as large, populous and diverse as India is
intrinsically a more complex task than in a smaller political unit. This makes a study of the
institutions which make policy all the more important. Measured by economic growth or
attainment of human development objectives, India remains not only an underdeveloped
country but one which is usually regarded as an under-performer, which could do better.
2. If it is taken as given that India is an under-performer, the question then arises as to
why is this the case. A priori, under-performance vis-a-vis potential could be due to •
adopting the wrong public policies • poorly implementing the right public policies. 3.
▶ There can, of course, be valid disagreements as to what is the "right" policy in a given
sector, in a given situation. It can be argued that merely because there are errors, changes
or postponements in policies, one cannot conclude that policy-making suffers from
weakness. Success is often the result of trial and error. Disagreements, often strong ones,
are common and, in a democratic society, both inevitable and healthy. Vigorous debate
prior to policy-making and adaptation in response to debate is good, not bad. Flexibility in
policymaking to respond to evolving exogenous factors is good, not bad. And the
phenomenon of political considerations intervening in decisions otherwise well taken, is
inevitable in a fractious but genuinely democratic polity like India. A survey of some recent
and not-so-recent examples of policy-making in India suggests however, that there may
indeed be something wrong with the policymaking process:-
Social Engineering

▶ The end of the law is for the society as the society fashions the law. Thus, society creates the law
and the law exists for the society…the law ought to be a corrective instrument of social change and
not a clog”.
Robert Omote
▶ The crux of this piece is to examine and accentuate on the fact that the law is a strategic and
procedural tool for the engineering and orchestration of the society to meet its various ends. First,
it is important to appreciate the conceptual meaning of law from the layman’s perception and
orientation. Thus, law is simply defined as a rule of conduct which guides human conduct and
actions (in the layman’s and general perception). More technically, law is seen as the aggregate of
legislations, judicial precedents and accepted legal principles; the body of authoritative grounds for
judicial and administrative actions. (Black’s Law Dictionary 7th Edition, Page 889).
▶ With the definition of law put in its proper perspective, it is necessary to point out the essence and
importance of law in succinct and concise terms. To meet this need, Glanville Williams in his book
titled ” Learning the Law” summarises and encapsulates the primal importance of law in the
following words:
▶ “Law is the cement of the society and an essential medium of change. A knowledge of law increases
facility at argument, skill in language as well as an understanding of public affairs. It also improves
one’s understanding and appreciation of social matters”.
▶  Why law if not to make society more adaptable and responsive to changes
and alterations in the ideals and principles of the society. It exists in order to
cover and meet up with new challenges evolving in the society by way of
advancement in all facets of life. It prescribes socially acceptable conducts
as well as conducts that are reprehensible with appropriate punitive
measures attached thereto. Economically, it sets acceptable standards and
sets rules and regulations for forming business organisations or associations
as well as providing for procedures of winding up of business associations.
Politically, law, with the courts being an inseparable and integral part of it,
exists not only to determine the successes of political processes but also to
regulate government agencies whose successes culminate and accrue into
the overall political process. The above mentioned are without prejudice to
other innumerable functions performed by law.
▶ Law, as it is, comprises several processes and institutions of which a court of law
forms an integral and inseparable part. Thus, a court of law is an established
institution for the fair and just determination of conflicts from perceived
disturbances between levels of government and private organisations, between
private individuals in the society, among others. The foregoing, no doubt,
culminates in the sacred, sacrosanct duty of the court. If the above duty of the
court is viewed in direct correlation to what the law performs, it can be concluded
that law exists to forestall occurrences of conflicts and disputes which, when not
properly managed and checked, could result in the disruption of law and order,
erosion of the moral system and a resort to armed weaponry to settle scores.
Indubitably, if this state of affairs persists, there could be a return to the popular
state of nature known as “Leviathan” as envisaged by Thomas Hobbes wherein
“Life is poor, nasty, brutish, short and solitary“. Thus, the end of law in this regard
through the full machinery and operation of the courts of law is to obviate the
possibility of emergence of leviathan and engender peaceful co-existence and
stability in the society.
▶ Law operates in every aspect of life and the society at large. The constitution of any
country or organization stipulates how it should operate, and how its citizens or members
should be governed. Professional bodies have laws that govern how its members should
operate. These laws are called ethics. In media houses, it is called “editorial policy,” in
corporate organizations it is called “code of business conduct.” The essence of law is to
guide social conduct; to guide the way we relate with one another; to guide the way we do
business; to guide the way we are governed; to guide the way we marry.
▶ The law takes care of various relationships. Business Law guides the conduct of business
and commercial transactions; Criminal Law takes care of crime and punishment; the
Copyright Law protects our intellectual property; the Law of Torts take care of personal
offences as battery and assault; while Family Law governs marriage, inheritance and family
matters.
▶ If you are ignorant of the law, people and organizations will always take advantage of you,
cheat you, and take you for granted, or even take forcefully from you, what rightly belongs
to you. This is the plight of many Nigerian citizens, as law enforcement agents and the rich
marginalize them. But if you know the law, it means you know your rights because law
confers rights on those it governs. And when you know your rights, you are empowered.
▶ Law takes care of every aspect of the way we relate, work and live. These
laws are clearly stated in our statute books and constitution for state
matters. If there is any conflict, the aggrieved party can seek redress in the
courts. Justice is the word that sums up the administration of the law. In
doing this there is division of labour. For state matters, the legislature makes
the law; the executive executes the law; while the judiciary interprets the
law And so law sets the boundaries for order and good conduct, guides the
ways we relate and do business. The whole essence is maintain order and
good governance otherwise there will always be breach of peace; insecurity
of lives and property; and confusion. The law also confers rights on people to
promote prosperity and social engineering.
Remedies

▶ Remedy is the means by which the violation of a right is prevented,

redressed, or compensated. Remedies are of four kinds: (1) By act of
the party injured, the principal of which are defense, distress, entry,
abatement, and seizure; (2) by operation of law, as in the case of retainer
and remitter; (3) by agreement between the parties, e. g., by accord and
satisfaction and arbitration; and (4) by judicial remedy, e. g., action or suit.
Civil remedies

▶ Damages
▶ Damages are a monetary amount, awarded to the plaintiff to help to restore them to the position they were in prior to the
infringement. There are many types of damages, which all address specific circumstances. However, a plaintiff can be
awarded more than one type of damages.
▶ Compensatory damages:  this is the main type of damages awarded. As the name suggests, their aim is to compensate the
plaintiff for the infringement of rights that was inflicted upon them.
▶ Specific damages: these are damages that can be calculated exactly. For example, specific damages may cover medical expenses or
loss of wages.
▶ General damages: these can not be calculated exactly, but are assessed based on the wrong done and the long term consequences.
For example, general damages may be awarded to take into account future earnings, and pain and suffering.
▶ Aggravated damages: these are awarded when the defendant has enacted humiliation and insult on the plaintiff.

▶ Nominal damages: a small amount of money paid when the plaintiff legally had their rights infringed, but little actual
damage was done to them (for example, in defamation cases).
▶ Contemptuous damages: a tiny amount of money may be awarded when the court acknowledges that the plaintiff has a
legal right to damages, but not a moral one. The court will award a very small amount of damages to show their contempt
for the action.
▶ Punitive/exemplary damages:  the aim of these damages, rather than to restore the plaintiff to their original position, is to
punish the defendant. This can occur when the defendant was violent or cruel.
▶ Injunction
▶ An injunction is a court order which prohibits or demands an action. An
injunction may be interlocutory (temporary, also known as an interim
injunction), or ongoing.
▶ Restrictive injunction: prevents an action. For example. The injunction may
prevent a party from demolishing a building.
▶ Mandatory injunction: compels an action. For example, the injunction may
demand a formal apology.
▶ The word “Criminal Remedies” mean to achieve justice in a criminal matter
in which legal rights are involved. Criminal remedies may be ordered by the
court, granted by judgment after trial or hearing towards the person
claiming harm by the automatic operation of laws. When a criminal act or
omission is committed against a person whether arbitrarily, willfully or
wrongfully, the person against whom such wrongdoings taken place, may
avail or seek his/her remedies under the process of law which can be termed
as criminal remedies against such act or omission.
Approaches to study of law

▶ The literal rule of statutory interpretation should be the first rule applied by judges. Under
the literal rule, the words of the statute are given their natural or ordinary meaning and
applied without the judge seeking to put a gloss on the words or seek to make sense of the
statute. 
▶ The literal rule is a type of statutory construction, which dictates that statutes are to be
interpreted using the ordinary meaning of the language of the statute unless a statute
explicitly defines some of its terms otherwise. In other words, the law is to read, word for
word and should not divert from its true meaning. According to the plain meaning rule,
absent a contrary definition within the statute, words must be given their plain, ordinary
and literal meaning. If the words are clear, they must be applied, even though the
intention of the legislator may have been different or the result is harsh or undesirable. In
this case Lord Esher said (in applying a literal approach) "If the words of an Act are clear
then you must follow them even if they lead to a manifest absurdity. The court has nothing
to do with the question whether the legislature has committed an absurdity." The literal
rule - developed in the early nineteenth century - has been the main rule applied ever
since then. However, there are variations on this (the golden rule and mischief rule).
Fisher V Bell a shopkeeper displayed a flick-knife in his window. 
▶ The Restriction of Offensive Weapons Act 1959 made it an offence to offer such a
knife for sale. The defendant argued that a display of anything in a show window is
simply an offer to treat and this means that, under contract law, it is the customer
who makes the offer to buy the knife. Here the court considered that Parliament
knew the technical law, at Common Law, of the term 'offer'. Whitely V Chappell in
this case the defendant was charged under a section that made it an offence to
impersonate 'any person entitled to vote'. D had pretended to be a person whose
name was on the voter's list, but had died. The Court held that he was not guilty
since a dead person is not, in the literal meaning of the words, 'entitled to vote'.
Cheeseman V DDP 'willfully and indecently exposing his person in a street to the
annoyance of passengers'. Police Officers were stationed in a public lavatory in
order to apprehend persons who were committing acts which had given rise to
earlier complaints. The police officers were not resorting to that place of public
resort in the ordinary way but for a special purpose and thus they were not
passengers. This is also an example of the literal rule to statutory interpretation
▶ The R V Harris case (1836), where the defendant bit the nose off the victim. The statute
stated the offence was ‘to stab or wound’. Under The Literal Rule, biting is not stabbing,
cutting or wounding (implying the use of an instrument). The defendant was proven not
guilty.
▶ Main advantages of The Literal Rule:
▶ 1) No scope for the judges own opinions or prejudices to interfere.
▶ 2) Respects parliamentary supremacy and upholds separation of power.
▶ 3) Encourages drafting precision, promotes certainty and reduces litigation.
▶ There are disadvantages to The Literal Rule. For example, in the R v Maginnis case (1987),
the defendant was charged with possession of a controlled drug with intent to supply under
the misuse of drugs act 1971 (s.5). The defendant claimed that the drugs belonged to a
friend who was picking them up later. The judge stated that handing the drugs back was
supply. The case was upheld on appeal. In his speech at the appeal, Lord Keith proposed
that: “The word ‘supply’ in its ordinary natural meaning, conveys the idea of furnishing or
providing to another something which is wanted or required in order to meet the wants or
requirements of that other."
▶ The Literal Rule can create loopholes in law, as shown in the Fisher v Bell
(1960) case and the R v Harris (1960). Similarly, the Partridge v Crittenden
(1968) case used a legal loophole.
▶ The defendant placed an advertisement offering two bramble finches for sale
(s.6 of protection of birds act (1954) makes it and offence to sell these birds).
The advert was treated as an invitation to treat, not an offer for sale and the
defendant was acquitted.
▶ The Literal Rule can also lead to injustice. One example of this is the. In the
London and North Eastern Railway v Berriman (1946) case a rail worker was
killed whilst oiling a track; no ‘stopping man’ had been provided. Under
statute, compensation is provided on death of workers ‘replacing or relaying’
track. The statute did not cover oiling and so compensation wasn’t given.
This can undermine public confidence in the law.
Analytical approach

▶ The analytic approach seeks to reduce a system to its elementary elements in order to
study in detail and understand the types of interaction that exist between them. By
modifying one variable at a time, it tries to infer general laws that will enable one to
predict the properties of a system under very different conditions. To make this prediction
possible, the laws of the additivity of elementary properties must be invoked. This is the
case in homogeneous systems, those composed of similar elements and having weak
interactions among them. Here the laws of statistics readily apply, enabling one to
understand the behavior of the multitude-of disorganized complexity.
▶ analyse concepts and arguments
▶ synthesise ideas and evidence drawn from different sources
▶ construct consistent and well-supported arguments
▶ discuss an issue in a balanced way
▶ evaluate the ideas and arguments of others
▶ make judgements and express informed opinion.
▶ Regression Analysis approach
• Grouping Analysis approach
• Multiple Equation Methods
▶ In Regression Analysis the outcome, or the result produced from the research,
is affected by the one or more individual elements of the experiment.
Therefore, the Regression analysis method is further divided into four major
subdivisions – Logistic, Linear hierarchal, Duration, Ordinary least squares
(OLS) method.
▶ Grouping methods of analytical approach are based on classification and
grouping of the variables in an experiment based on their discriminate values
and characteristics. Multiple method is just an extension of Regression
method discussed above. This method explains about the path of individual
elements in an experiment. There are two main types of multiple equation
models – 1) Path analysis 2) SEM-structural equation models.
Critical Approach

▶ ‘The law’ is often perceived as neutral, objective and just. Legal education teaches
primarily 'pure' dogmatics or doctrine guided by court decisions, commentaries or
treatises, and – more often than not – by mainstream dominant opinion. Social and
cultural preconceptions which form legal discourse and which are intern
constructed by it (and by other factors) are often passed over.
▶ Linguistic work and legal theory, however, show that the ‘belief’ in a clear-cut and
objectively determinable meaning of legal terms remains but a myth that –
consciously or unconsciously – masks the political, social or cultural aspects of law.
Critical approaches within the legal field try to expose the societal and political
imprints, but also the exclusions and reductions in legal discourses.
▶ Gender studies in law, or legal gender studies (in the U.S.: critical legal feminism,
feminist legal studies) have shown that norms often presuppose a male and
heterosexual ‘normal subject’ and thus privilege the interests of certain people,
while also pre-shaping our thinking in a binary-coded gender order. Comparable
critiques have been developed by critical race theory and queer legal theory.
▶ A deconstruction of such social and cultural effects is possible if the immanent
(intra-disciplinary) perspective of ‘dogmatic’ law is broadened by a trans-
disciplinary approach. In this perspective, ‘the law’ appears as a social
phenomenon, a cultural discourse, or also as a theoretical construction that can be
questioned.
▶ Critique is therefore not to be understood in a merely destructive way, rejecting
law as a mechanism of power and order. It is about the engagement with the
cultural and social premises of seemingly ‘neutral’ norms. This leads to a better
understanding and to further development, maybe even to re-orientation, and thus
to a reconstruction of law.
▶ From a critical perspective, the law cannot ignore existing differences and
exclusions in society, but has to take them into account in order to come to a 'just‘
decision. This is why ‘our’ Justitia or Lady Justice is not blindfolded as a sign of her
neutrality. Her decisions are not founded on the sword (the authority of the state),
but on knowledge and insight (symbolized by the book).
▶ A critical law school doesn't mean focusing only on what is wrong or bad. But it
believes that a really good legal education should help you to look beneath the
surface of laws and legal decisions, to see the 'bigger picture'. This means a critical
legal education involves politics, history, philosophy, sociology and culture; it gets
you thinking about different kinds of legal system, about power, and about who
benefits and loses from different decisions.
▶ The legal scholar should look, as appropriate, to economics, philosophy, history,
psychology, sociology, literature, or virtually any other field or combinations of
fields of study for guidance in developing a scholarly critique of the current legal
landscape or of particular parts of it. Law was not to be viewed as independent or
autonomous, but rather as dependent on these other fields. Its strength lay in the
fact that it could gather together the wisdom (and values) of as many of these
fields as were relevant to the issue at hand into one complex and, by tradition,
rigorous system. Because of this, the legal scholar did not need to feel bound by
the self-imposed limits of the underlying disciplines, however useful they might be
for the practitioners of that discipline. He or she must, instead, follow the insights
of these disciplines beyond the points where the economist, sociologist, etc.,
would go, meld them with those of other disciplines, and come up with highly
imperfect-but perhaps the best available-guidelines for reforming (or confirming)
the legal system in its attempt to serve the current needs of the people. Only in
this way could law avoid the tyrannies of mystical conservatism, of revolutionary
ardor, and of simplistic majoritarianism. Only in this way could legal scholars play a
significant role in the reform or the strengthening of those rules that they were
also called upon to elucidate