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Law and Justice
Defining law
Law can be defined as a system of rules used for controlling formal human
behaviour and human activities in a community or in a country. Different thinkers
have defined law in different ways.
Definitions given by T. H. Green and John Austin are given below.
Law is a system of rights and obligations enforced by the state . T.H. Green
The law is the command of the sovereign and violating it is a punishable
offence. John Austin
Every society should be ruled according to a specific law. It is the responsibility
of the citizens of a country to respect and obey the law. Justice, peace and social
security are secured in a society where the rule of law exists. The prime aim of the
law is to control human behaviour by which justice is ensured so that life, rights and
property of the people are safeguarded.
Justice is an other concept related to law. Justice can be defined as a fair
behaviour or fair treatment. Justice is meted out through impartial enforcement of
law after listening to all the parties well.
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, Dispensing the law should be done in fairness and equality to all. If the law is
properly exercised in a country the society becomes law abiding. People develop a
positive attitude towards the law and trust it. It contributes to create a just and fair
society.
Following factors are very important to create justice.
²² Right of an individual to know about allegations made against him
²² Right of an individual to be heard, in person or by an Attorney-at-Law, at a
fair trial by a competent court.
²² The right to get a fair and an impartial trial
Characteristics of law
All are equal before law and all have the right to get the protection of law.
Some of the highly civilized societies, where advanced legal systems prevail, have
the following characteristics.
²² Laws are made only by the state based on its authoritative power
²² They are made with the intention of controlling human behaviour and
actions
²² Laws should be fair and just
²² Laws should be enacted aiming at achieving the wellbeing of the common
society
²² Laws should adjust in conformity with the changing needs of the society
²² Laws should be clear and definite
²² Contravention of law is a punishable offence
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, Sources of law
Factors that contribute to the derivation of law or the means of getting
information about law can be defined as sources of law. Some of these sources are
as follows.
1. Constitution - It is the supreme law of a country
2. Different statutes - They are enactments passed by the parliament and
they can also be taken as the sources of law
3. Judgements - Decrees, orders, pronouncements or judgements
delivered by competent Courts of Law which are
followed by the other courts of law subsequently.
This is known as Case law.
4. Views and principles expressed by legal authorities or eminent scholars of
law are recognized as scientific principles of law.
5. Customs - Well established customs accepted by the society
are known as Customary laws
6. Religion - Laws have been made on the basis of different
religions. E.g. Muslim law and Vehera and Devalagam
law.
Types of laws
According to the way that laws are exercised, they are classified as domestic
and international law.
Domestic laws
Domestic laws are operative and effective within the territory of a country.
They can differ from country to country. They are enacted in order to meet the
needs of the country. Domestic laws can be classified into two types as Civil law
and Criminal law. They are described in the diagram given below.
For free distribution 3
Law and Justice
Defining law
Law can be defined as a system of rules used for controlling formal human
behaviour and human activities in a community or in a country. Different thinkers
have defined law in different ways.
Definitions given by T. H. Green and John Austin are given below.
Law is a system of rights and obligations enforced by the state . T.H. Green
The law is the command of the sovereign and violating it is a punishable
offence. John Austin
Every society should be ruled according to a specific law. It is the responsibility
of the citizens of a country to respect and obey the law. Justice, peace and social
security are secured in a society where the rule of law exists. The prime aim of the
law is to control human behaviour by which justice is ensured so that life, rights and
property of the people are safeguarded.
Justice is an other concept related to law. Justice can be defined as a fair
behaviour or fair treatment. Justice is meted out through impartial enforcement of
law after listening to all the parties well.
For free distribution 1
, Dispensing the law should be done in fairness and equality to all. If the law is
properly exercised in a country the society becomes law abiding. People develop a
positive attitude towards the law and trust it. It contributes to create a just and fair
society.
Following factors are very important to create justice.
²² Right of an individual to know about allegations made against him
²² Right of an individual to be heard, in person or by an Attorney-at-Law, at a
fair trial by a competent court.
²² The right to get a fair and an impartial trial
Characteristics of law
All are equal before law and all have the right to get the protection of law.
Some of the highly civilized societies, where advanced legal systems prevail, have
the following characteristics.
²² Laws are made only by the state based on its authoritative power
²² They are made with the intention of controlling human behaviour and
actions
²² Laws should be fair and just
²² Laws should be enacted aiming at achieving the wellbeing of the common
society
²² Laws should adjust in conformity with the changing needs of the society
²² Laws should be clear and definite
²² Contravention of law is a punishable offence
2 For free distribution
, Sources of law
Factors that contribute to the derivation of law or the means of getting
information about law can be defined as sources of law. Some of these sources are
as follows.
1. Constitution - It is the supreme law of a country
2. Different statutes - They are enactments passed by the parliament and
they can also be taken as the sources of law
3. Judgements - Decrees, orders, pronouncements or judgements
delivered by competent Courts of Law which are
followed by the other courts of law subsequently.
This is known as Case law.
4. Views and principles expressed by legal authorities or eminent scholars of
law are recognized as scientific principles of law.
5. Customs - Well established customs accepted by the society
are known as Customary laws
6. Religion - Laws have been made on the basis of different
religions. E.g. Muslim law and Vehera and Devalagam
law.
Types of laws
According to the way that laws are exercised, they are classified as domestic
and international law.
Domestic laws
Domestic laws are operative and effective within the territory of a country.
They can differ from country to country. They are enacted in order to meet the
needs of the country. Domestic laws can be classified into two types as Civil law
and Criminal law. They are described in the diagram given below.
For free distribution 3
