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.

Difference between Law and Justice

Difference between Law and Justice

Law             

• Laws are enacted and implemented by the Government
• Can be implemented even by force when necessary
• Violation of Law is punishable
• Law controls the external behaviour of citizens
• Law is specific
• There are institutions that implement
  the Law that is subjected to interpretation
• Law is implemented uniformly throughout human society
• The span of Law is narrow
• Laws can be framed as an approach to the problems when they occur

 Justice

• It is related to conscience and wisdom
• Based on customs and manners, social experiences and religious influences
• When justice is violated such a person is subjected to social punishments such as isolation in society.
• Related to human feelings
• Justice is not something implemented by the state
• Justice is sometimes found vague and not specific
• Justice is built on individual and social diversity
• Justice is found to expand in a broad manner
• Based on human feelings, a social approach is created

 In ancient society there was no wide difference between justice and law. It was because in those societies legal acts too were regarded as justice

Law and Justice

learn about Law and Justice

There is a popular saying that “Ignorance of Law is no excuse”. ( IGNORANTIA JURIS HAUD
EXCUSAT) It is essential that all of us should have an idea about law. One reason for the occurrence of most conflicts and disputes in society today is that people do not have a proper idea about law. The main objective of this chapter is to provide you with an idea about the main aspects of law and justice, which you should be aware of, and which lead to minimize conflicts and disputes. In general terms Law can be considered as a system of rules which controls the external behaviour of people in society. It can also be defined as orders given for the people by the person wielding sovereign authority. Legal experts have presented various definitions about law. Some of them are indicated below.
• Laws are a system of basic principles recognized and implemented both by the people and
   by the  authorities (Bount)
• It is a collection of rights and duties implemented by the State. (Green)
• It is a system of regulations enacted and implemented by the State for the administration of
   justice. (Salmand)
• It is a collection of rules enacted and implemented by an institution that had obtained authority for
   that  purpose (Oxford Encyclopedia)
If the law of a country operates properly that society is law-abiding. When law is combined with man, it is empowered. An accepted rule, convention or any other similar draft is passed by the Legislature after deliberation there, and after it is ratified by the Speaker, it becomes an accepted law of the country. In a democratic country the governed (common people of the country) as well as the rulers are equally
subjected to the Laws so formed.Justice means ‘acting impartially’. There are two main components of justice. They are,
i.Truth
ii.Morality
It is further elucidated by the following statement on justice presented by Barker.
The accumulation of political theories is justice. Justice that prevails in society should be simple and impartial. When this occurs even an ordinary citizen can claim justice - Barker
 Law should function as the subsidiary of justice. It eradicates evil and creates impartiality. The main objective of Law is dispensation of justice. When Law does not operate in a country, there ensues arbitrary rule or autocracy in that country. There are several pre-conditions for the establishment of justice:

1. The Right to know about the allegations [charges] against a person.
2. The Right to prove oneself.
3. The Right of a person to appear before courts of law on his/her own behalf or to be represented
    by a Lawyer.
 It is clear that Law and Justice are two concepts different from each other. Justice is
necessary to promote social stability and when a conflict occurs between two
individuals to resolve it fairly and impartially. Table 1.1 shows how Law and Justice
differ from each other.