Meaning and classification of law Flashcards
module 1
What does the term ‘Law’ denote?
->Different kinds of rules and principles
->Instrument to regulate human conduct/behavior
What does Law mean from the viewpoint of legislature?
->Statutes
->Acts
->Rules
->Regulations
->Orders
->Ordinances
What does Law mean from the viewpoint of society?
->Justice
->Morality
->Reason
–>Order
->Righteousness
What does Law mean from the viewpoint of judges?
->Rules of court
->Decrees
->Judgments
->Orders of courts
->Injunctions
What broader concepts does Law include?
Acts, Statutes, Rules, Regulations, Orders
Ordinances, Justice, Morality, Reason
Righteousness, Rules of court, Decrees
Judgments, Orders of courts, Injunctions
Tort, Jurisprudence, Legal theory
How does the meaning of Law vary?
->Different places/societies
->Different times (subject to amendments)
->Varies by legal system, society, government
Give an example of how Law varies by place.
Adultery: Offence in India (Section 497 IPC, 1860) but not in America ( not quite right)
Give an example of how Law varies by religion.
Muslim law allows four wives
Hindu law allows only one wife (Monogamy)
Hindu male marrying again is guilty of bigamy (Section 494 IPC)
What are the three general meanings of Law?
->Legal Order
->Body of Legal Rules
->Official Control
Define ‘Legal Order’.
System governing societal behavior
Uses government power to ensure rule adherence
Define ‘Body of Legal Rules’.
Entire set of rules and principles in a politically organized society.
Covers crime punishment, contract formation, etc.
Define ‘Official Control’.
it means how Government manages and applies the rules to Ensures justice is served
Simplify the general meanings of Law.
rules that society sets to keep things fair and orderly.
and how they are enforced to ensure justice and order.
What is Salmond’s definition of Law?
it is the body of principles recognized and applied by the state in the administration of justice.
What is a criticism of Salmond’s definition?
Did not define ‘Justice’
Justice changes over time (Keeton’s view)