1.Law

Long Answer Questions

Question 1.

Define Law-Explain its various sources.
(or)

What is meant by law? Discuss the various features of law.

Answer:

Introduction :

Law is an important concept in the study of political science. It is an important feature of modern state. Law regulates the external behaviour of individuals. It determines and regulates the nature of individual’s activities.
Individual’s life, social order, political system, economic transactions, cultural activities etc., remain paralysed in the absence of laws.

It is due to the deterioration of legal system that public life, governmental organisations and state activities were affected to a great extent in some contemporary states. Afghanistan, Iraq, Nigeria, Somalia, Soviet Union, Ukraine, Yemen, Palestine etc., are some examples of such states.

Meaning :

The term “Law” is derived from the Teutonic (German) word “Lag” which means “To Lay”, “To Set” or something fixed.
The second dimension is that the word “Law” had its roots in the Latin words “Jus and Jungere” which means bond or Tie.

Definitions :

Political thinkers defined law in different ways which are listed below :
1.“Law is the command of the sovereign”. – John Austin
2.“Law is the system of rights and obligations which the state enforces”. – T.H. Green
3.“Law is a general rule of external action enforced by the sovereign political authority”. – T.E. Holland
4.“Law is a body of rules which the state recognises and applies in the administration of Justice”. – John Salmond

Sources of Law :

Law is a product of history. It has passed through various stages of development. Several elements have contributed to its evolution. In Legal sense, the state is the main source of law. Professor T.E. Holland mentioned six sources of Law. They are
1.Customs
2.Religion
3.Judicial Decisions
4.Scientific Commentaries
5.Equity and
6.Legislature.

1) Customs, Practices and Traditions :

These are one of the important sources of law. In primitive societies, there were no laws in written form. All disputes were settled in accor-dance with social customs and traditions. Customs regulated the social life in the early societies. Customs and traditions cannot be laws in political sense. But, when the State recognises certain traditions, they in turn become laws. For example, the laws relating to marriage, divorce etc., found in our Country are based on traditions, the common law of England.

2) Religion :

In ancient times customary laws and religious laws were intermixed. The religious teachers enjoyed unlimited powers in those times. Their decisions were treated on par with laws. The primitive men believed that the judgements of the religious teachers had divine sanction. The ancient Roman laws were merely the religious laws. The Hindu and Muslim laws derived inspiration mainly from religion.

3) Judicial Decisions/Adjudication/Judgement of the Courts :

The judgements of the judges also serve as a source of law. Generally, judges interpret laws, apply them to particular cases and deliver judgements. Their judgements become precedents and are usually followed by other judges in similar cases. In course of time such judgements acquire the status of law. In this way judges add to the law of the country. There are many instances that new laws have evolved by way of interpretation. Many of the laws in Britain, America and India have originated from the judgements of the Judges of the respective countries.

4) Scientific Commentaries :

These are the works of great Jurists. The views of the Jurists expressed in their works also act as and important source of law. The Jurists collect and compare the past customs and laws with those of the present. While doing so, they point out the defects in the existing laws and suggest ways for their improvement. The views of the Jurists however, do not become laws. But, they become laws when they are recognised by the courts. For example, the writings of Coke and Black Stone in the U.K. are held in high esteem. The same is the position of Story and Kent in America and the Vignaneswara and Apararka in India.

5) Equity :

Equity means fairness or justice. It is also a kind of Judge – made law. It is an informal method of making a new law or altering an old law to new conditions. Sometimes, the courts may be confronted with the disputes about which the law is silent. Under such situation, the Judge will give relief to the aggrieved party by using principles of social justice and humanism common sense. In course of time, they acquire the status of law. In equity, Judge is adding to the law what is missing therein and creating a new one.

6) Legislature :

This is the most important and direct source of law. Most of the laws now-a-days are made by the legislatures. Hence, legislatures are regarded as “Law-Making Factories”. They frame new laws, amend the existing laws and if necessary, abolish old laws. The other sources of law have been replaced by the legislature. This, however, does not mean that they have no role to play in influencing laws. While framing laws, the legislators bear in mind the customs, religious practices, judicial decisions etc.

Question 3.

Explain different kinds of law.

Answer:

Many political philosophers gave their classifications on laws in different ways. Of them the classification given by Maclver is mentioned worthy which can be explained in the following points.

1. Natural Law :
   Natural law is also known as divine law. It is abstract. It is not created by any human agency. It is considered as the gift of nature, based on metaphysical power. It refers to the use of reason to analyse human nature. It is written in the heart of human beings by the finger of God.
2. Positive Law :
   Positive law is created by the human agency. It is also known as political law. It is framed on the basis of the existing social and political conditions. It is sanctioned by the Sovereign Political Authority Violation of positive law leads to punishment.
3. Constitutional Law :
   It is a basic law of any state. It defines the political system. All the basic principles of administration are included in this type. All other laws in the State are subservient to constitutional law. It is framed by the constituent assembly.
4. Ordinary Law :
   It determines the relation between the state, administration and people. These laws are framed by a group of Officials authorised by law.
5. Public Law :
   It regulates the relation between people and state. These laws are formulated by state for society.
6. Private Law :
   It regulates the relation between citizens. It protects the rights of citizens. It also called civil law.
7. Administrative Law :
   It regulates the administrative relations between the authori-ties and people. Administrative law brings discipline among the personnel in the government. Now it is implementing in France and India.
8. General Law :
   It deals with the private affairs of individual in relation to the State. It covers the laws relating to Marriage, Divorce, Contract etc.
9. Statutory Law :
   Statutory law is the greater part of modem law. It is enacted by the legislature of a State for the day to day administration.,
10. Common Law :
    Common law is a customary law. It is a product of Customs and traditions which are popular among the people. The courts accept common law as a part of the legal system.
    

Short Answer Questions

Question 1.

Define Law and mention the features of law.

Answer:

Law is an important concept in the study of political science. It is an important feature of modern state. Law regulates the external behaviour of individuals.

Meaning :

The term “Law” is derived from the Teutonic word “Lag” which means something fixed.
Features of Law :
The following are some important features of law.
1.Law comprises some rules and regulations which are approved by the sovereign.
2.It is enforced by the state. It is valid because it is sanctioned by the State.
3.It is definite, precise and universal.
4.It reflects the will of the people.
5.Any violation of law leads to punishment.
6.Laws are compulsory and cohesive in nature.
7.Law aims at securing and promoting the individual and general welfare.
8.Law is dynamic as it goes on changing according to the needs of the people.

Question 2.

Discuss any four kinds of Law.

Answer:

1. Natural Law :
   Natural law is also known as divine law. It is abstract. It is not created by any human agency. It is considered as trie gift of nature, based on metaphysical power. It refers to the use of reason to analyse human nature. It is written in the heart of human beings by the finger of God.
2. Positive Law :
   Positive law is created by the human agency. It is also known as political law. It is.framed on the basis of the existing social and political conditions. It is sanctioned by the Sovereign Political Authority. Violation of positive law leads to punishment.
3. Constitutional Law :
   It is a basic law of any state. It defines the political system. All the basic principles of administration are included in this type. All other laws in the State are subservient to constitutional law. It is framed by the constituent assembly.
4. Ordinary Law :
   It determines the relation between the State, Administration and people. These laws are framed by a group of officials authorised by law.

Question 3.

Write about any three sources of Law.

Answer:

Definitions :

The English word ‘Law’ originates from the ancient Teutonic word ‘Lag’ which means “something that lies fixed or uniform”. Political thinkers defined law in different ways which are listed below :
1.“Law is the command of the sovereign”. – John Austin
2.“Law is the system of rights and obligations which the state enforces”.- T.H. Green

Sources of Law:

1) Customs, Practices and Traditions :

These are one of the important sources of law. In primitive societies, there were no laws in written form. All disputes were settled in accordance with social custoins and traditions. Customs regulated the social life in the early societies. Customs and traditions cannot be laws in political sense. But, when the State recognises certain traditions, they in turn become laws.
Ex : The laws relating to marriage, divorce etc., found in our country are based on traditions, the common law of England.

2) Religion :

In ancient times customary laws and religious laws were intermixed. The religious teachers enjoyed unlimited powers in those times. Their decisions were treated on par with laws. The primitive men believed that the judgements of the religious teachers had divine sanction. The ancient Roman laws were merely the religious laws. The Hindu and Muslim laws derived inspiration mainly from religion.

3) Judicial Decisions / Adjudication / Judgement of the Courts :

The judgements of the judges also serve as a source of law. Generally, judges interpret laws, apply them to particular cases and deliver judgements. Their judgements become precedents and are usually followed by other judges in, similar cases. In course of time such judgements acquire the status of law. In this way judges add to the law of the country. There are many instances that new laws have evolved by way of interpretation. Many of the laws in Britain, America and India have originated from the judgements of the Judges of the respective countries.

Question 4.

What is “Rule of Law”? Explain.

Answer:

Rule of law is a unique feature of British Constitution. It was first originated in England. Later many countries like India and the United States of America have adopted this feature. Rule of law is purely based on the principle of general law. It denotes that law should be general in form. It should be uniformly applicable to all the citizens living in a state. There should not be different types of law for various sections of the community. In other words the government must treat all the citizens equally as per the law. The governance and administration in a particular state should be carried on in accordance with the laws.

The main objective of Rule of Law is that government should not act arbitrarily. It should conduct and implement proper procedures as authorised by the legislature. Any form of violation of law should be punished in accordance with the procedures. Equality before law implies equal subjection of all classes – including the officials – to ordinary law of the land, administered by ordinary law courts.

Rule of Law is unique feature in England. As the constitution of Britain is unwritten and there is no provision of constitutional guarantee of the rights of the citizens. The pro-tection of the rights of the citizens in Britain is provided in their ordinary law in the form of ‘Rule of Law’. This is the foundation of their constitutional system.
However, rule of law was subjected to various limitations in view of several changes which have taken place in socio-economic fields. The scope of this concept is gradually shrinking owing to the over burdening of legislative work with enormous functions. On the whole, the cardinal virtue of Rule Of Law is that “All are equal before law and no one must arbitrarily be punished” constitutes the core value of any democratic system in the world.

Very Short Answer Questions

Question 1.

Explain the origin of the term “Law”.

Answer:

The term “LAW” is derived from the Teutonic route (German) “Lag” which means “To Lay”, “To Set” or something fixed. The second dimension is that the word “Law” had its roots in the Latin words “Jus and Jungere” which mean bond or tie.

Question 2.

Write any two definitions of Law.

Answer:

Political thinkers defined law in different ways which are listed below.
1.“Law is the command of the sovereign”. – John Austin
2.“Law is the system of rights and obligations which the state enforces”. – T.H. Green

Question 3.

What are the features of Law?

Answer:

The following are some important features of law :
1.It is enforced by the State.
2.It is definite, precise and universal.
3.It reflects the will of the people.
4.Laws are compulsory and cohesive in nature.
5.Any violation of law leads to punishment.

Question 4.

Define the term “Rule of Law”.

Answer:

Rule of Law is an important type of administration of justice. It originated in England. It implies :
1.Legal Equality : All are equal before law.
2.No Arbitrary Action : Punishment is given only when an existing law is violated.
3.No Special Rights : No individual is above law and law does not recognise any special privileges.

Question 5.

What is positive Law?

Answer:

Positive Law: Positive law is created by the human agency. It is also known as political law. It is framed on the basis of the existing social and political conditions. It is sanctioned by the Sovereign Political Authority. Violation of positive law leads to punishment.
Positive law is further classified into two categories. A) National Law and B) International Law.

Question 6.

What do you mean by Administrative Law?

Answer:

Administrative law plays an important role in the smooth functioning of administration. It regulates the administrative relations between the authorities and people. It helps the government to bring reforms in the sphere of development and welfare programmes. Administrative law brings discipline among the personnel in the government. Now it is implementing in France and India.

Question 7.

Write any two sources of Law.

Answer:

Professor T.E. Holland mentioned six sources of law. They are
1.Customs
2.Religion
3.Judicial decisions
4.Scientific commentaries
5.Equity and
6.Legislature:

Question 8.

What is Constitutional Law?

Answer:

The basic law according to which the government in a state is conducted is called constitutional law. It defines the political system. It is usually prepared by a body known as constituent assembly, formed only for that purpose. All other laws in the State are subordinate to this law. It also contains fundamental rights and fundamental duties.

Question 9.

What do you know about common law?

Answer:

Common law is a customary law. It is a product of customs and traditions which are popular among the people. The courts accept common law as a part of the legal system. Common law in un-written in form but is regarded as equal to statute laws in England.

Question 10.

Define Public Law.

Answer:

Public law regulates the relations between state and individuals. It explains the basic structure and functions of the state. It covers the basic rights of the individuals against the interference of the State. It must be followed by the citizens. Its violation leads to punishment.

Question 11.

Explain what is unique about British constitution.

Answer:

Rule of law is a unique feature of British Constitution. It was first originated in En- ‘ gland. Later many countries like India and the United States of America have adopted this feature.

Question 12.

What do you mean by the term Equity?

Answer:

Equity means fairness or justice. It is also a kind of Jude – Made law. It is an informal method of making a new law or altering an old law to new conditions. Sometimes, the courts may be confronted with the disputes about which the law is silent. Under such situation, the Judge will give relief to the aggrieved party by using principles of social justice and humanism common sense. In course of time, they acquire the status of law. In equity Judge is adding to the law what is missing therein and creating a new one.

Question 13.

What are the Scientific Commentaries?

Answer:

These are the works of great Jurists. The views of the Jurists expressed in their works also act as an important source of law. The Jurists collect and compare the past customs and laws with those of the present. While doing so, they point out the defects in the existing laws and suggest ways for their improvement. The views of the Jurists however, do not become laws. But, they become laws when they are recognised by the courts. Ex : The writings of Coke and Black Stone in the U.K. are held in high esteem. The same is the position of Story and Kent in America and the Vignaneswara and Apararka in India.

Question 14.

Explain the legislature as the source of law.

Answer:

This is the most important and direct source of law. Most of the laws now-a-days are made by the legislatures. Hence, legislatures are regarded as “Law-making Factories”. They frame new laws, amend the existing laws and if necessary, abolish old laws. The other sources of law have been replaced by the legislature. This, however, does not mean that they have no role to play influencing laws. While framing laws, the legislators bear in mind the customs, religious practices, judicial decisions etc.

Question 15.

‘Rule of Law’ in the Constitution of India.

Answer:

Rule of law is purely based on the principle of general law. It denotes that law should be general in form. It should be uniformly applicable to all the citizens living in a state. There should not be different types of law for various sections of the community.