Characteristics of Law, its sources and divisions

Laws are defined as regulations imposed by the state based on authoritative power, and for the control of the external behaviour of people in an organized society.
It can be concluded that Law originated with the origin of the state. Thus, on account of the obedience to state man becomes subjected to law, or, in other words, due to his fear of the strength of the state the individual obeys the law. Man cannot subjugate law, but he is subjected to law.

Characteristics of Law

There are certain essential characteristics in law which are depicted in diagram 1.1

Sources of Law
Here, sources refer to the fundamental aspects or factors that affect something. Accordingly, the factors that affect law can be defined as sources of Law. The sources that lead to the emergence of a law are stated below.

1. Customs and manners
Customs and manners are the oldest sources of law. Customs and manners accepted by the society, become social laws. These are also known as Customary Law.
2. Religion
In the primitive societies in particular one notices that Law was based on religion. Muslim Law and Law pertaining to temples and devalas (Temporalities) are examples of such laws.
3. Judicial decisions
The various decisions and conclusions taken by the Courts of Law in dispensing justice, too form the sources of Law. These decisions are used as precedents in subsequent judgments.
4. Scientific theories based on legal experts’ views
Various views expressed by Legal experts after a study of Law are regarded as scientific theories. The Boards framing laws use these scientific theories as sources.
5. Statutes
Statutes are a very crucial and powerful source of law. The framing of laws necessary in administration is done through statutes.
6. The Constitution
The supreme law of a country is its Constitution. It is essential that every Law made by the legislature or by any other means should be consistent with the Constitution.