Introduction to Law

and
Sources of Law
What is a Law?
Law is a Social Science
Grows and develops with the growth and
development of society
New developments in society create new problems
and law is required to deal with those problems
Definitions of Law
Austin
 Law is the command of the Sovereign.
It is enforceable by a sanction
Roscoe Pound
Law is a social institution to satisfy social wants
Salmond
Law is a body of principles recognized and applied by
the State in the administration of justice
Moulton
Law is the crystallized common sense of the community
Purpose of Law
Maintenance of law and order
Enables individuals to have the maximum freedom to
assert themselves
Maximum satisfaction of the needs of the people
Object of law
Object of law is justice
Justice operates at two different levels
Distributive justice serves to secure balance among the
members of a community
Corrective justice serves to correct the dis-equilibrium
created by a wrongful act
Kinds of Law
International law – Law of Nations
Public International Law – Body of rules governing the
conduct and relations of States with each other

Private International Law – Rules and principles

governing cases having foreign element. Applies to
individuals and not to States
Municipal Law – Law of the land
Public Law – determines and regulates the organisation
and functioning of the State and determines the
relation of the State with its subjects

Private Law – regulates and governs the relation of

citizens with one another
Public Law
Constitutional Law – includes all rules which directly or
indirectly affect the distribution or exercise of
Sovereign power of the State
Administrative Law – determines the organisation,
powers and duties of administrative authorities
Criminal Law – defines offences and prescribes
punishments for them
Private Law
Personal Laws
Law of Property
Law of obligation
General Law – Ordinary law of the land
Special Law – Legal rules which are special and
exceptional in their nature
Kinds of Special Law
Local Law – Law of a particular locality

Foreign Law – Law of a foreign country

Martial Law – Law applicable to soldiers as well as

civilians in times of war or tumult

Military Law – applicable to soldiers alone

Elements of State
State is a people organised for law within a definite
territory
Population – No State without people
Territory – People settling down on some definite
territory constitute a State
Government – It is the machinery through which the
administration of a country is carried on. It is outward
manifestation of the State
Sovereignty – It is that which is absolute and
uncontrolled within its own sphere
Functions of the State
Primary
War and administration of justice (Defence against
external enemy and maintenance of law and order
within the country)
Secondary
Legislation and Taxation (necessary for the welfare of
the citizens)
The relation between State and Law is very close and
intimate
The State manifests itself through law and law has its
importance because it has the sanction of the State
Sources of Law
Legislation – Making of law by the formal and express
declaration of new rules by some authority in the body
politic which is recognised as adequate for that purpose
Precedent - Making of law by the recognition and
application of new rules by courts themselves in the
administration of justice
Customary Law – Constituted by customs which fulfil
the requirements laid down by law as the condition for
their recognition as obligatory rules of conduct
Conventional Law - It is that which is constituted by
agreement having the force of special law inter partes
Legislation
Means the making of the Law or declaration of legal
rules by competent authority
Supreme legislation proceeds from the Sovereign
power in the State
Subordinate legislation proceeds from any authority
other than the Sovereign power
Control over delegated legislation
Parliamentary control
Judicial control
Public opinion
Custom
Uniformity of conduct of all persons under like
circumstances
It is observed course of conduct
It is a rule which has existed from time immemorial
and obtained the force of law in a particular locality
When same thing is done again and again in a
particular way, it assumes the form of custom
Precedent
Judicial decision to which authority has been attached
The reason why a precedent is recognised is that a judicial
decision is presumed to be correct
Under this rule, a principle of law which has become settled
by a series of decisions is generally binding on courts and
should be followed in similar cases
The doctrine has been recognised by the Constitution of India
Article 141 provides that the law declared by the Supreme
Court shall be binding on all courts in India
The Supreme Court is free to depart from its previous
decisions if valid reasons exist for doing so
Substantive and Procedural Laws
Substantive Laws – those which define rights, duties
and liabilities
Substantive Criminal Law is contained in the Indian
Penal Code and various Special and Local laws
Substantive Civil Law is contained in Acts like Indian
Contract Act, Hindu Marriage Act, Transfer of Property
Act etc.
Procedural Laws or Adjective Laws – those which
define the pleading and procedure by which
substantive laws are applied in practice.
Criminal Procedure Code
Civil Procedure Code and
Indian Evidence Act

are the examples of Procedural Law