Uploaded by Hammad Khan

Sources & Kinds of Law

Group Assignment
Sources & kinds of Law
Submitted To:
Advocate. Ameer Hassan
Submitted By:
Hammad Khan #143
M Huzaifa Jamil # 136
Uzma Kainat # 127
Safyan Tariq # 135
Osama Masood # 131
Due Date
Law and its Sources and Kinds
Kinds Of laws
National Law
Ordinary Law
Private Laws
Public Laws
General Public
 Definition of Law:
Law means “Definite” and it is defined as “a uniform rule of conduct which Is applicable
equally to all the people of the state.”
Sir John Salmond defines law as:
“Law is a body of principles recognized and applied by the state in the administration of
John Austin’s defines law as:
“Law is the aggregate set of rules set by a man as politically superior or sovereign to men, as
political subjects.”
 Sources of Law
Sources of law are as follows:
1. Custom:
In ancient times social relations gave rise to several usages, traditions and customs.
Initially social institutions begin working on the basis of several accepted customs.
Gradually the state emerged as the organized political institution of the people having the
responsibility to maintain peace, law and order. It also began acting by making and
enforcing rules based upon customs and traditions. it is said to be a basic source of law.
2. Religion and Morality:
We accepted religion and religious codes as superior heavenly forces and worship.
Religion that starts regulating the behavior of people and compelling the people to accept
and obey religious codes. The rules of morality also appear in society which defines what
was good and what was bad, what was right and what was wrong. So religion and
morality has also been important sources of law.
3. Legislation:
The state depending upon custom and degrees or orders of keeping for regulating the
behavior of people. Later on the legislation emerged as an organ of the Government. it
began transforming the customary rules of behavior into definite and enacted rules of
behavior of the people and it became the cheap source of law.
4. Delegated Legislation:
Because of several pressings reasons like lack of time, lack of expertise and increased
demand for law making the legislation of the state find it essential to delegate some if its
law making powers of executives. The executives then make law/rules under the system.
Delegated legislation always works under the superior law making powers of the
5. Judicial decision(precedent):
Judicial decisions are the decisions or judgements passed by superior courts of the
country. The judicial decisions are binding on the parties to the case and also get
accepted as law for future cases. Only the judicial decisions given by the apex courts or
the courts which stands recognized as the courts of record like Supreme Court and
High courts are recognized and used as law proper. Lower courts can settle their cases
on the basis of such judicial decision. These judicial decisions are also called precedent.
6. Equity:
Equity means fairness and sense of justice. In all cases where laws are silent in some
respect, the judges depend on equity and act in accordance with their sense of fair play
and justice. Equity is used to provide relief to the aggrieved party and such decisions
performed the functions of laying down rules for the future. As such equity acts as a
source of law.
e.g. stay is the equity relief
Kinds of Law
There are two main kinds of law
 National law
 International law
 National Law:
National law includes the orders and commands of the superior authority of the state and
it is administered by the sanction or fear of sanction of the physical force of the state. By
this virtue of national law, we can safely call it as an imperative law. National law is only
applicable inside a country. Since every country has their own laws hence national law is
different for different countries.
National law is further classified in two categories:
 Constitutional law
 Ordinary law
 Constitutional law:
Constitutional law is the supreme law of the country. The constitutional law lays down
the organization, power, functions and interrelationship of the three organs of govt (i.e.
legislation, judiciary, and executive). It also lays down the relationship between the
people and the govt as well as the rights, fundamental rights and duties of citizen. It can
be called “law of laws”. In the sense all law making in the state is done on the basis of
powers, granted by the constitutional law.
e.g.: constitutional of Islamic Republic of Pakistan 1973
 Ordinary Law:
It is also called national or municipal law. It is made by legislature and it determines and
regulates and conduct the behaviour of the people.it lays down the relation among the
people and their associations, organizations, groups and institutions. The legislature
makes laws, the executive implements these laws and judiciary interprets and applies
these laws to specific cases.
Ordinary law is further classified into two categories:
 Private law
 Public law
 Private law:
Private law regulates the relations among individuals. It lays down rules regarding the
conduct of the individuals in society and their relations with other persons. It guarantees
the enjoyment of their rights. Through this law the state acts as the arbiter of disputes
between any two individualsor their groups.
e.g. law of torts, law of contracts, law of trust etc.
 Public law:
The law which regulates the relation between the individuals and the state is public law.
It is made and enforced by the state on behalf of community.
e.g. criminal law and administrative law.
Two types of public law are:
 General law and special law
 Administrative law
 General Law:
General Law applies to all the citizens in their relations among state general law consists
of the ordinary law of the land. General Law consists of those legal rules which are taken
judicial notice of by the courts whenever there is a occasion for their application.
 Special law:
Special law consists of certain other bodies of legal rules which are so special and
exceptional in their nature sources or application that it is inconvenient to treat them as
standing outside the general and ordinary law. Special law consists of the legal rules
which court will not recognize and apply them as a matter of course but which must be
specially proved and brought to the notice of the courts y the parties interested in the
recognition .
Kinds of special law:
a) local law:
Local law is the law of particular locality and not the general law of the whole country there
may be customs which have obtained the position of law in certain locality and within those
localities ,that customary law supersedes the general law
E.g the Madras city improvement trust act.1950 applies only to the city of madras.
b) Foreign law:
It is essential in many cases to take account of a system of foreign law and to determine the
rights and liabilities of the parties or that basis ignorance of law is no excuse and everyone is
supposed to No the law of the land. However ignorance of foreign law is like the ignorance of
fact and can be excused.
b) Conventional law:
Conventional law has its sources in the Agreement of those who are subject to it. Agreement is
law for those who make it
Example of conventional law or the rules of a club or a cooperative society. Some other
examples of conventional law are the articles of Association of a company, articles of
partnership e.g.
c) autonomic law:
By autonomic law is meant that species of law which has its sources in various forms of
subordinate legislative authority possessed by private persons and bodies of persons .A
railway company may make bye-laws for regulating is traffic. Likewise as University makes
statues for the government of its members. An incorporated company can alter its articles and
impose new rules and regulations upon the shareholders. Although autonomic law is not
incorporated into the general law of the community these rules are constitutedBythe exercise
off autonomic powers of private legislation Autonomic laws are made by autonomous bodies
for the government of their members.
 Administrative Law:
It lays down the rules governing that exercise of the constitutional authority which stands
delegated by the constitution of the state to all the organs of the govt. it also governs the
relationship between the civil servants and the public servants and lays down the relation
between civil servants and the state.
 International Law:
International law is a collection of rules governing relations between states. It is a mark
of how far international law has evolved that this original definition omits individuals
and organizations. Furthermore, it is no longer accurate to view international law as
simply a collection of rules; rather, it is a rapidly developing complex of rules and
influential though not directly binding principles, practices, and assertions coupled with
increasingly sophisticated structures and processes.
International law provides normative guidelines as well as methods, mechanisms, and a
common conceptual language to international actors i.e. primarily sovereign states but
also increasingly international organizations and some individuals.
Although international law is a legal order and not an ethical one, it has been influenced
significantly by ethical principles and concerns, particularly in the sphere of human
Lord Parker writes: “The law which the prize courtis toadminister is not national law or as it
is sometimes called, the municipal law, but the law of nations-In other words international
law. Of course the price quote is a municipal coat and it's decrease and orders or their validity
to municipal law. The law it enforces me therefore in one sense be considered a branch of
municipal law “
Some other kinds of law are
 Imperative law
 Physical or scientific law
 Natural laws
 Conventional law
 Customary law
 Technical law
 Imperative law:
According to salmond: “Imperative law means a rule which prescribes a general
course of action imposed by some authority which enforces it by superior power either
by physical force or any other form of compulsion “The chief advocate of imperative
law is Austin who defines law as a command which obliges a person or persons to a
course of conduct.
 Physical law:
According to salmond: “Physical laws or the laws of science are expressions of the
uniformities of nature general principles expressing that regularity and harmony
observable in the activities operations of the universe”
An example of physical law is the law of tides physical law also called natural laws or
laws of nature there is uniformity and regularity in those laws they are not the creation of
men and cannot be changed by them.human law change from time to time and country to
country but physical laws are invariable an immutable for ever.
 Natural laws:
According to Salmond: “By natural law or moral law is meant the principles of
natural right and wrong principles of natural justice we use the term justice in its
wildest sense to include all forms of rightfulaction”
 Conventional law:
According to salmond, conventional law means “Any role of system or rules agreed
upon by persons for the regulation of their conduct towards each other”
It is a form of special law.it is law for the parties who subscribe to it example of
conventional law are the laws of cricket or any other game, rules and regulation of a club
or any other voluntary society. Conventional law in some cases is enforced by the
state.When it is enforced by the state it becomes a part of the civil law the view of some
writers is that international law or the law of nations is also a kind of conventional law on
the ground that its principles are expressly or impliedlyagreed upon by the state
 Customary law:
According to salmond “customary law means any rule of action which is actually
observed by men And it will which is the expression of some actual uniformity of some
voluntary action”
A custom may be voluntary and still it is law when a custom is firmly established, it is
enforced by the authority of the state customary law is an important source of law. This is
particularly so among the conservative people who want to keep as much of the past as
Customary law came into existence due to a number of reasons when some kind of action
gets general approval and it is generally observed for a long time it becomes a custom,
sometime custom come into existence on the ground of expediency. Other reasons for
their coming into existence or imitation, convenience e.g. when they are recognized by
the state they become a part of the civil law.
 Practical law:
 Practical or technical law consists of rules for the attainment of certain ends example
the laws of health, the laws of architecture etc these rules guide us as to what we
ought to do in order to attain a certain end within this category comes the laws of
music, laws of architecture, laws of style Etc
 Conclusion:
Source of law must not be construed as the authority sanctioning or enforcing a law. It
should mean the agency from which the law originates, or can say from where the rule of
action has come into existence. That is why Giorgio Del Vecchio regards the nature of
the man as the source of law