What do we understand by the term law

A rule of actions
whether animate or inanimate rational or irrational i.e. the law of motion, of gravitation, of mechanics the laws of nature and of nations

Rationale or Reason
In all the cases, however, there is a regular succession of evens, Thus we have laws of God, laws of nature, laws of ethics, law of honor, laws of beauty and fashion, civil law and laws of nations

Two senses in which the term law is used: General & Juridical
General Sense. Law in its general sense denotes uniformity and regularity of action. In its widest sense the term law includes any rule of action, that is to say, any standard or pattern ( Dr. Salmond) Laws in the widest sense of the term are the necessary relations derived from the nature of things (Montesquieu)

 (b) Physical laws, and (c) Human laws. Divine laws relate to the will of the supernatural power and thus may appropriately form part of the science of theology Physical laws are expressions of the uniformities of nature such as law of motion, law of gravitation, Newtons law etc

General laws may fall into three classes (a) Divine laws.

Human Laws
Human laws are laws by analogy and may be further sub-divided into two classes Those enforced by indeterminate authority
These are called moral laws as they consist of ethical rules of conduct. Austin call them rules of Positive Morality , These have the sanction of public censure behind them

Those enforced by determinate authority. viz, State

These are laws strictly so called and may be appropriately considered under the heading juridical sense rather than general sense law means civil law which is also sometimes referred to as Positive law, Lawyers law, Municipal law or National Law . It concerns itself with the law enforced by the State

According to Prof Holland. law

A law in the proper sense of the term is a general rule of action, taking cognizance only of external acts, enforced by a determinate authority which authority is human, and, among human authorities is that which is paramount in a political society. A law is a general rule of external human action enforced by a sovereign political authority

Hobbes & Austin

Hobbes defined law the commands of him or them that have coercive power, According to Austin, A law is a rule of conduct imposed and enforced by the sovereign.
Law is a command O f Sovereign Backed by Sanction

Ihering observes, A legal rule without coercion is a fire which does not burn, a light which does not shine.

Salmonds definition
Law is the body of principles recognized and applied by the State in the administration of Justice. Austin says, A law is a command which obliges a person or persons to a course of conduct.

LAW in The Eyes of Ancient Philosophers

To Demosthenes, Every law is a gift of God and
decision of sages. the common constitution of the State according to the determination of which every man who lives in the State must order his life.

Ulpin defines law as the art or science of what is equitable and good. According to Green Law is the system of right and obligations which the State enforces.

Dr. Salmonds Classification of Law

Dr.. Salmond, an English Jurist Classifies Law into Eight Main, Inter-related Categories. (1) Imperative law. Imperative law means a precept or rule of action imposed upon men by some authority which enforces obedience to it. E.g.. Imperative law may be imposed and enforced by the state upon its subjects. 2. Physical or Scientific Law.-Physical laws or the laws of science are expressions of the uniformities of nature, general principles expressing the regularity and harmony observable in the activities and operations of the universe,

Dr. Salmonds Classification of Law Cont

3 Natural or Moral law.-By natural or moral law is meant the principles of natural right and wrong- the principles of natural justice (4) Conventional Law.-It consists of rules agreed to by persons for the regulation of their conduct towards each other. The rules of voluntary organizations such as clubs etc. (5) Customary law.-According to Salmond by customary law is meant any rule of action which is actually observed y men any rule which is the expression of some actual uniformity of voluntary action. Laws of dress and etiquette are of this nature.

Dr. Salmonds Classification of Law Cont

((1) reasonable, and (2) unambiguous usage observed, (3) peacefully, and (4) continuously, (5) since immemorial antiquity (6) as of right (7) in conformity with statute law acquires the force of custom and is one of the sources of civil law. (6) Practical or Technical law.-It consists of rules for the attainment of some practical end. Laws of health, style, architecture, music, art of business belong to this class.

Dr. Salmonds Classification of Law Cont

(7) International Law.-It consists of principles which are in force between all independent nations. According to Oppenheim Law of Nations or International law (Droit desgens) is the name for the body of customary and conventional rules which are considered legally binding by civilized states in their intercourse with each other. (8) Civil Law.-Salmond defines it as the law of the State or of the land, the law of the lawyers and of the courts. He further says, This is law in the strictest and original sense of the term, all other applications of the term being derived from this by analogical extension.

Martial Law and Military Law

Martial Law. By martial law is meant the law administered by the courts maintained by military authorities. The term is used in two different senses: (i) Law administered by army in occupation of alien lands which have fallen under its control during continuance of war.

(ii)

Law applicable during abnormal periods such as riots, rebellions etc. when normal civil law is suspended and the government of a country is carried on by military tribunals.

 Military Law.
Law applicable to army itself during peace as well as war for maintaining discipline among them. This is also known as Military Law

Constitutional Law and Administrative Law

Constitutional Law. Constitutional Law means the rules which directly
or indirectly affect the distribution of the sovereign power in the state. Hence it includes, all rules which define the members of the sovereign power, which regulate the relation of such members to each other, or which determine the mode in which the sovereign power,, exercise their authority.

Administrative Law
Administrative Law is only a branch of the constitutional Law and concerns itself with the rights, duties and functions of the executive authorities and the government officials with private citizens

Constitutional Law
It tells the structure and function of the various organs of the state, the legislature, the judiciary and the executive, and their relation with each other.

Constitutional Law
Dr. Holland explains , The various organs of the sovereign power are described by constitutional law as at rest but the branch of law which describe these organs in motion is called Administrative Law.

General Law and Special Law

General Law.

General Law is applicable to al persons and things in a country and has general applications, The courts take judicial notice of the general Law

Special Law. The special law applies only in certain special circumstances. the existence of the special circumstances justifying the applicability of special law has to be pleaded

Kinds of Special

Law

Dr. Salmond mentions six important forms of special law: (i) Local Law-Law obtaining only in certain parts of the State such as local customs which have acquired the force of law (ii) Martial Law (iii) Foreign Law also known as conflict of Laws and Private International law

Kinds of Special Law Cont

(iv) Prize Law for determining legality of capture of ships and cargoes during war by Prize Courts (v) Conventional Law-Law based on agreements, treaties and conventions;
(vi) Autonomic Law-Laws of autonomous bodies for the government of its members.

Substantive Law & Procedural Law

Substantive Law. Substantive Law is one which lays down the purpose. Substantive law is concerned with the ends Procedural Law. Law of Procedure, however, is that branch of the law which governs the process of litigation Procedural law lays down the means to attain those ends.

Civil Law Criminal Law

Civil Law

Civil Law deals with creation and enforcement of rights, The civil law tries to compensate the victim so as to put him in the same position as if the wrong had not been done at all. In case of civil law on both the sides parties are private individuals (Except where state department is doing civil business/litigation) Law of contracts, Law of Easement, and that of Transfer of Property are Kinds of civil law

Criminal Law
The Criminal Law deals with offences and their punishment. criminal law punishes the wrongdoer. In case of criminal law one party is always State as the crime is considered an offence against the State. Penal code and criminal procedure codes along with other offence creating statues represents Criminal Law.

Purpose of law
justice being the end of law If rules of law are commands issued by the State to its subjects, form another stand-point they appear as principles of right and wrong so far as recognized and enforced by the State in the exercise of its essential function of administering justice
Law is not right alone or might alone, but the perfect union of the two

It is justice speaking to men by the vice of the State

Questions of Law
The expression question of law is used in three different senses. (i) a question as what the law on a point is e.g. what is the period of limitation for a suit on promissory note (ii) a question settled by a rule of law e.g. whether a child under seven years of age can have a criminal intention (iii) a question to be decided by the Judge himself and not by the jury, e.g., interpretation of a document

Questions of Fact
All questions which are not questions of law are called questions of fact. Questions of fact are divided in two classes: (i) Questions of judicial discretion.-These are such questions as to what is just and reasonable in the circumstances of a particular case e.g., the question of punishment for a particular criminal act (ii) Questions of fact Stricto Senso :-There are matters that are to be proved to the courts conviction by adequate evidence, e.g., A forcibly took his watch from the hands of the repairer who refused to part with it except on payment of his wages for the repair.

Presumption
A presumption is a rule which treats an unknown fact as proved on proof or admission of certain other fact or facts. Presumption is not the same thing as proof nor is it evidence. Proof is a result. Evidence, admissions, presumption and other matters are the causes of which proof is the effect. Presumptions are also not evidence, without there being any evidence with regard to a fact.

Classification of Presumption
Presumptions are of two kinds (1) Presumptions of fact, (2) Presumptions of law. Presumptions of fact. Presumption of fact are inferences which the mind naturally and logically draws from given facts without the help of legal directions. For example from the fact that a telegraphic message is delivered to A purporting to have come from B, the Court may presume that B delivered to the telegraph office at his end such a message for transmission to A.

Presumptions of Law
Presumption of law are inference which the law requires to be drawn as to the existence or nonexistence of certain fact form the proved existence or non-existence of certain other facts. They need not necessarily be logical or reasonable, but they have to be drawn because the law so directs, arbitrarily. They are, also called artificial presumptions Presumptions of Law are again sub-divided into two kinds (i) rebutabel, and (ii) irrebutable

Presumptions of Law
Rebuttable Presumption of Law. The law may allow evidence to be led to disprove the inference. Irrebuttable presumptions of law. These are those presumptions which the law directs shall be taken as correct, without any proof being allowed to disprove them.

Functions of the courts of law

Salmond divides the functions of court of justice in two classes: (i) Primary Functions (ii) Secondary Functions Primary functions of courts. Courts may be defined as the institutions or tribunals though which the State administers public justice to its citizens Courts, presided by judges who are commissioned to administer the law without fear or favor, affection or ill-will, is an essential condition of administration of justice

Secondary functions
The secondary functions are classified into four kinds: Petitions of rights. - The function of adjudicating upon claims made by subjects, against the State itself. Declarations of rights.-In declaratory suits where the litigant claims the assistance of courts, not because his rights have been involved, but because they are uncertain.

Secondary functions
Administration.-The management and distribution of the property of insolvents, liquidated companies and so forth. Title of righ.-e.g., decrees of divorce and fore closure and orders of discharge in bankruptcy.