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CLASSIFICATION OF LAW

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   "Law is the rule whereby the invisible borderline is fixed within which the being and activity of each individual obtains a secure and free space."                                                  -(Savigny) Holland's Classification Holland divided law into Municipal Law and International aw. Municipal Law is the law applicable to individuals and groups thin the State. International law deals with the conduct of the tate towards another State. The Municipal law has been further sub-divided into public law and private law. Private law regulates the relation of the State and the individual. Under public law the state is one of the parties to the right created by the law. Salmond's Classification Salmond has classified law in its widest sense as follows :— (1) Imperative law.— Imperative law means any positive law or rules of conduct or behaviour imposed by any ruler, legislature, State, institution or body of person. If a person

SOURCES OF LAW

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"No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right;not asked as a favor."            -(Theodore Roosevelt)                               Law is the result of development and a product of history Several factors have contributed to the development of law. These factors are regarded as the source of law. The sources of law are customs, religion, judicial decisions, scientific commentaries, equity and legislature. (1) Custom or usage.— Custom is to society, what law is to the State. Custom is the earliest source of law. Salmond says, "Custom is the embodiment of those principles which have commended themselves to the national conscience as principles of justice and public utility".  Customs or usages are those practices followed repeatedly by people, generation after generation for the sake of their convenience. A custom is formed in muc

DEVELOPMENT OR EVOLUTION OF LAW

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"The end of law is not to abolish or restrain, but to preserve and enlarge freedom. For in all the states of created beings capable of law, where there is no law, there is no freedom."                                    -(John Locke) INTRODUCTION- The concept of law occupies a significant place of political theory. Law is closely associated with State that State without law is anarchic and law without State is meaningless. Law not only prescribes the rules of behaviour for citizens in the State but also provides a social order without which no civilisation and economic development is possible.  EVOLUTION OR DEVELOPMENT OF LAW- Based on "the twelve conceptions of what law is" of Roscoe Pound, we can see the evolution or development of law as follows :— • Firstly, law is considered as the idea of divinely ordained rule or set of rules for human action, as for example, the Mosaic law or Hammurapi's Code, handed him ready made by the Sun God, or Ma

INTRODUCTION TO THE LAW

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"Without law men are beasts."                 -( MAXWELL ANDERSON ) Contents- 1. Meaning of law 2. Definition of law 1) In its widest sense 2) In concrete sense (i) Idealistic definition (ii) Positivistic definition (iii) Historical definition (iv) Sociological definition (v) Realist definition 3. Nature or characteristics of law Meaning of Law : Men live in society. They differ in their ideas, aims and ideals. Since, there must be some 'uniform rules' to control their activities. These uniform rules which regulate human behaviour are called laws. Law not only prescribes the rules of behaviour for citizens in the State but also provides a social order without which no civilisation and economic development is possible.  The word 'law' is derived from an old Teutonic root 'lag' which means something which lies fixed or evenly. The word 'law' is also associated with the Latin word 'jus' which again is associated