Concept of Law
and
Sources of 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
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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