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Define liberty. Describe the different types of liberty.

Define liberty. Describe the different kinds of liberty.
Introduction: The term liberty is defined in various ways the centre theme of liberty is the absence of
all restraints and freedom to do whatever one likes. But it is not possible to have such a liberty while
living in society. Man is a social animal and he is living in society. He must therefore, adjust his liberty
with due regarding to the liberty of others. The fundamental maxim of liberty is that law is the condition
of liberty.

The term liberty is derived from the Latin word ‘liber’ which means free.
According to Blacks law Dictionary “Freedom from arbitrary or undue external restraint, especially by a
government”.

Definitions: Prof. Seeley defines liberty “as the absence of restrains or the opposite of over Government”.
According to Burns, “ liberty means to grow to one’s natural height, to develop one’s abilities”.
Different meanings ave been attached with the term liberty’s used by different scholars.
Moreover, the word has been used conveying different meanings. When the term liberty is used in
context of the role of associations and individuals, it signifies those privileges they are entitled to avail.
Sometime it is used in terms of limitations.
Two Aspects: two important aspects of liberty are noteworthy; one negative and other positive.
negative aspect of liberty brings into spotlight those restrictions imposed by the state for the
protection of the liberty of all. These are certain areas of social life in which individual does not want
interference at all. State protects his liberty from undue interference for doing so it maintains law and
order and enforces a network of criminal laws.
positive aspect state also provides necessary opportunities essential for the true enjoyment of
rights. Modern welfare state aims at the betterment of the whole society and for the realisation of this
end, it provides different services in socio-economic political and cultural fields so that all citizens may
develop their capabilities.
Kinds of Liberty
Natural Liberty: The concept of natural liberty, in fact points out the period before the organised
political life and it implies the absence of all legal restrains on freedom of action. This concept was
highlighted this concept was highlighted specifically by the exponents of the theory of ‘Social Contract’.
Hobbes depicted state of nature, pre-state period, as period of lawlessness and brutality in which
everyone was at war with every other.’Might is Right’ was the only principle regulating human conduct.
Locke believed in the supremacy of natural law that secures natural rights such as life, liberty and
property while state comes into existence for the protection of natural rights. Locke gives priority to these
rights as these are, in his opinion prior to state and its laws.
National Liberty: national liberty relates to the independence of state from external control, and it has
been closely associated with nationalism. At the initial period of 20th century, almost every nation raised
the slogan of ‘National Self-Determination’. This demand was accepted in the Paris Peace Conference,as
a result many new Nations appeared on the map of Europe.
Importance Of Kinds Liberty In Political Theory: three kinds of liberty are important in
political theory.
I. Civil Liberty
II. Political Liberty
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III. Economic Liberty

Civil Liberty: Civil liberty, according to Last consists in the liberty of an individual in action and
thought in those areas of life where the results of one’s efforts are mainly personal in nature. Right to life
or freedom to religious belief are examples.
Gettle says that civil liberty consists in those rights and privileges provided by state to its
citizens State enforces a legal system for the protection of these rights through police and courts.
Political Liberty: Political liberty means the participation of citizens in the political life of the
community. In modern democratic states government is elected by and people and it is answerable to
them. People indirectly participate in political decision-making. Popular participation is made possible
through the recognition of such rights, as their right to vote, right to contest elections, right to criticise
government policies and right to public offices. Freedom of expression is also considered to be the most
important political right.
Economic Liberty: Economic liberty is, in fact, a part of civil liberty but due to the importance
economic liberty has gained in modern age its id generally considered appropriate to discuss it
separately. Economic liberty consists to certain economic privileges and rights of individuals regarding
the earning of their livelihood. It includes those economic rights that state secures in respect of the right
to work and the choice of profession. Modern state recognises the rights of workers to form unions,
makes laws regarding hours of work, proper wages collective bargaining, etc.
Conclusion: To conclude that there are two important aspects of liberty: one negative and other
positive. Negative aspect of liberty brings into spotlight those restrictions imposed by the state for the
protection of the liberty of all. State also provides necessary opportunities essential for the true
enjoyment of rights.

Explain the liberty what are the pre-requisites of its success?

Explain the safeguards of liberty.
Introduction: a threat to public liberty either form the ruling elite or private person. For
safeguard liberty, reliance on legal means is not sufficient guarantee. A favourable environmental
setting is important in this respect.
Rule Of Law: Government and its laws can perform important role in the protection of liberty as rights
are recognised and enforced through the legal machinery Rule of Law is probably the most effective
guarantee for safeguarding public liberty, state should provide equal opportunities to all alike so that all
citizens may enjoy true freedom.
Constitutional Protection: protection of rights against the encroachment on part of
government is comparatively a recent development. No such protection was given in ancient
societies as rulers enjoyed absolute powers and were regarded fountain of all honour and power.
With the widespread popularity of the ideas, relating to ‘Limited Government’, this came to be
realised that the people have rights even against the government, it is admitted on all hands that
fundamental rights are better secured if they are made part of the Constitution, this law is
normally the law of land and method of amending is bit tough. Fundamental rights become
more sacred when these are made the part of supreme law i-e Constitutional law.
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Democratic System: Rights of the people are better secured when people are given political
participation.. under democratic system people elect their representatives who make pubic
policies and enact laws in accordance with the trends of public opinion. Rulers work under
constant popular check and are regarded accountable to the people. In certain political systems
like one in Switzerland people share in direct legislation through referendum.
Separation Of Power: Montesquieu regarded separation of powers between three branches of
government, as the most effective safeguard for the protection of public liberties. Concentration
%
of governmental authority, he believed lead to autocracy (" ! #$ &'))ٓ . This principle was fully
observed at the time of the drafting of American Constitution: in a level as far relationship
between executive and legislative branch is concerned because in this system, executive is the
part of legislature. All measures and safeguards are, however, adopted to reserve the
independence of judiciary on almost every system. This includes appointment of judges on merit
basis, payment of liberal salaries, security of service and other privileges aiming at rising their
prestige.
Local Self-Government: For political and administrative purposes, central government in
modern states delegates power to local institutions who look after local matters. In Pakistan, for
instance, such institutions operate at different regional and local level in the form of Union
Councils, District Councils, Municipal Committees and Corporations. Local institutions share the
burden of administrative responsibilities with the government in providing social service in
matters such as street lights, roads, bridges, sanitation, promotion of health and education. Local
institutions also play important role in educating the masses and working as laboratories for
decision making at higher level. Decentralisation of government authority at local level,
promotes people’s interest in public life which is an important safeguard for the protection of
liberty.
Vigilance: Political awareness and eternal vigilance on the part of citizens are necessary
guarantees for the promotion of human freedoms. People are expected to be bold enough to
express their opinion freely. In a society where people are selfish a system based on popular
representations can’t work. Its worth motioning that Islam as a way of life has full capabilities to
create such an ideal society in which people are held together by brotherhood feelings. Every
individual is supposed to look after general interest of society.
Fundamental Rights: Another prerequisite of liberty is that there should be a supreme law of
the country namely, the constitution. It is the only constitution that confines the authority of the
state. These fundamental rights protect the personal liberties of citizens from the state
interferance. Thus constitution safeguards the liberty of the people and it is a custodian of these
liberties.
Independence Of Judiciary: the judges are the interpreters of the constitution and the courts
are the custodians of liberty of the people. So liberty can be enjoyed if there is an independent
judiciary. It is completely free from the influence of legislator and executive. Only an impartial
and independent judiciary can safeguard the rights and liberties of the people.
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Decentralisation Of Power: decentralisation of powers ensure a large participation of people
in the democratic process of the country reduces work load and improves the efficiency of the
government and prevents the rise of dictatorship.
Laski observes that “the more widespread distribution of power
in the state, the more decentralised its character.
Free and Independent Press: this is another condition of liberty. A free and independent press
ensures liberty of individuals. It makes available objective and unbiased news, criticises
government policies and enables the people from correct attitudes towards various problems of
the day. This information helps the people to choose their representatives in elections.
Conclusion: to conclude that for safeguard of liberty there should be rule of law, constitutional
protection of rights, separation of power, local government system, healthy party system and
independence of judiciary.

Define law and explain the sources of Islamic Law.

Introduction: Politically the term “Law” means rules and regulations enforced by the state. In every
society, there exist rules that regulate the human conduct. Such rules may be reduced to writing or may
flourish in the form of customs backed by the force of public opinion. It is appropriate to pin point
difference between Islamic law and other state laws. Legally speaking laws consist of those rules and
regulations enforced by the state. Whereas islamic law consists of the teachings of islam as a way of life.
The laws enforced by an islamic polity, form only a part of whole scheme while other laws are to be acted
upon by individuals and groups. Islamic law can be defined as the system of rights and obligations
whereby a man can live a successful life in this world and prepare himself to the life hereafter. Islamic
laws are in the nature of Commandments of Allah who is sovereign.

Different terms are used for Islamic Law, which include Mohammedan Law, Muslim law, islamic
Jurisprudence, Fiqh and Shariat.( Fish is understanding or knowledge).

Definition: According to Imam Abu Haifa “ Fish is knowledge of what is for a man’s self and what is
against a man’s self”.
According to Imam Malik, “ Science of commands of the Shariat in particular matters deducted by the
application of process of reasoning”.
Superiority: since islamic law manifests will of Allah, therefore do not reflect any class conflict. Divine
source of laws of shariah stand as the most effective guarantee for the protection of human liberties. In
capitalist democracies, as pointed out by Laski, laws represent the interest of the wealthy classes as they
dominate the political scene. Islam, on the other hand rejects the rule of man over man irrespective that
the supreme power has been ascribed to one person or to the society as a whole. All laws of Shariah
reflect justice and FairPlay as they have been given to mankind by the Creator himself, that is why these
laws provide guidance to mankind in all directions.
Sources Of Law: the sources of islamic law are explained below:
Quran: the Holy text is the basic source of Islamic Law and fundamental principles for all aspects of
social existence are lai down in it. A portion of these Commandments is permanent and eternal. It is to be
noted that Quran is not strictly a book on jurisprudence, carrying all rules and regulations in a classified
form as it happens in case of books of jurisprudence. Those verses that deal with legal and political issues
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were revealed unto the Holy Prophet (P.B.U.H) in steps at different times according to the need of
conditions. That’s why legals codes are found in scattered form. The commandments of Holy Quran can
be divided into two parts; one is flexible and other is rigid.
Sunnah: the second main source is Hadith which is a compilation containing the actions and sayings of
the Holy Prophet (P.B.U.H). The Holy Prophet( P.B.U.H) used to explain the verses of Quran and his own
life was practical manifestation off the Quranic way of life. No human being could claim to be more
expert in understanding the meaning of Quran than Holy Prophet (P.B.U.H) as he was Divinely guided.
The Muslim Umma followed the example of Holy Prophet (P.B.U.H) also preserved his precedents as a
sacred inheritance. later, Muslim Jurists developed a full-fledged science of Hadith and devised research
methods to discriminate correct Hadith from the distorted ones. Sunnah is regarded as an important part
of islamic jurisprudence.
Ijma: Ijma means the consensus among the scholars on points of islamic Law. There has been
controversy. Over the issue whether complete unanimity of opinion is required or a majority decision is
sufficient? Moreover, this has been a debatable issue wether “ijma” of one generation is binding on the
next or not?
It is noted, that the Irma does not imply the consensus in the general public. Certain scholars are of the
view, Allama Iqbal being the most important, that the modern form of Irma is the ijtihad through
legislative assemblies.
Qiyas: if no clear guidance is found in the basic sources, the jurists are allowed to resort comparison
keeping in view the intention of the law giver and the spirit of law. Hence full weightage is given to
human reasoning and judgment. The jurists have provided guiding principles even in respect of
comparison i-e, “istehsan”, “istilah” and “istidlal”.
Istehsan: while using reasoning in the interpretation of Islamic law, preference is given to opt that
choice which is more appropriate to meet the needs of changing circumstances. This method was
developed by Imam Abu Hanifa (R.A) though Imam Malik (r.A0 did not ignore it completely.
Istislah: the method of interpreting islamic law is, to a greater extent, synonymous with Istihsan, i-e, to
choose the way having more utility from the point of view public good. Imam Malik (R.A) gave much
importance to this method. In fact, both these methods have common elements of utility respect of
interference.
Istidlal: Imam Shafi ( R.A) did not adopt both these methods while resorting to interference from the
the fundamental sources. He laid emphasis on the application of reasoning and logic in matters of
interpretation of Islamic law.
Islamic Fiqah: last but not least important source is the intellectual contribution of Muslim jurists;
Imam Malik (R.A), Imam Abu Hanifa( R.A), Imam Shafi(R.A0 and Imam Ahmad Bin Hambal (R.A). They
develop a full fledged jurisprudence of islamic law in which legal principles and other codes of religion
are found in a classified for i-e, divided into sections, class, etc. under different headings and titles. While
codifying Islamic Fiqah, they kept into view all authoritative interpretations and developed this science
on the basis of comparison and reasoning, all integrated with the demands of certain conditions.
Conclusion: To conclude that Islamic laws are not specified for a particular people but are applicable
at all times. In most cases, people have given the option to enact new laws within the broader framework
of Shariah.

Define law and describe sources of law.

What is law? Explain its sources and attributes.
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Write a short note on sources of law.
What is law; describe the sources of law?
Introduction: the term law has been derived from an old teutonic root “lag” which means that fixed
or evenly. Law regulates the life and without law there is chaos and confusion. The term law is used to
denote that which is uniform. The state operates through government and government interprets the will
of state through law. Law is the vehicle of sovergnity.

According to Oxford Dictionary of Law:” The enforceable body of rules that governs any society”
Definition: “ Law as the king of, both mortal and immortal” by Pindar.
“Every law is a gift of God and a decision of sages” by Demosthenes.

Source of Law: according to pot. Holland sources of law are as follows:

Usages
Religion
Commentary of jurists
Adjudication
Judicial review
Equity
Legislation

Usages: usages had been the most primitive form of law, in the ancient societies, in the absence of
established political authority, usages were the most effective regulating force. They commanded
paramount position to an extent that even the absolute rulers could not dare to violate. These uses are not
made consciously by any authority, they have an evolutionary and spontaneous growth. With the
message of time, these usages become so deeply rooted and highly respected that most of social and
economic relations are regulated by them. The sanction behind the usages is force of public opinion and
general impression that they aim at betterment of the people. Such usages have been in practise for a
long time, are generally given local recognition by the state. British Common Law for example is based
on the usages being acted upon by English people for the last many centuries and the state courts have
fully honoured these usages.
Religion: religion had been an important source of law even in the remote past of the modern secular
states. In the primitive (*ٔ-, )./! 10, )) societies, religion was not regarded merely a matter of faith dealing with
ritual issues but it regulated human conduct in all phases of life. That is why spiritual leaders were
regarded custodians of worldly affairs as well. Most of the early usages would also reflect religious
beliefs. Ancient Roman Law, for example is a clear illustration. All laws of Muslims, from islamic
standpoint, are sourced from shariah. In present secular societies private laws that regulate personal
affairs of every community such as marriage, divorce or rules of inheritance etc. are derived from their
respective religious faith.
Commentaries of Jurists: the opinion of element jurists on law points, is another source of law.
While setting disputes, even the courts consult the books carrying commentary of jurists and such books
are held in esteem by people of legal profession in almost all societies. The examples are the
commentaries of Gaius and Justinian on Roman Law, Coke and Blackstone in Britain and that of story
and Kant in America. Different Muslim schools of jurisprudence contributed a lot in the development of
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islamic jurisprudence. It is to be noted that such commentaries assume the force of law only after having
been recognised by the courts. The function of judge is limited to the settlement of disputes and the
application of whereas a jurists explains the underlying principles of law.
Adjudication: the function of a judge is to interpret and apply law in specific cases. In case, law is not
clear and its direct application to a dispute is not possible, a judge resorts to analogy and give new
interpretation to the existing law. This process is called adjudication. Adjudication is judge-made law,
such interpretations of superior courts become precedents to be observed by subordinate courts.
Judicial Review: in most of the democratic countries, the superior courts have the power of judicial
review, i-e to judge the validity of laws in the light of constitution. In America, for example, Supreme
Court can declare null and void such. laws, orders and decrees as are against the Constitution. Supreme
Court is regarded as the guardian of the Constitution. Supreme Court has liberally interpreted the
Constitution in favour of a strong national government on the one hand, and made a rigidly designed
Constitution workable on the other hand.
Equity: equity as a source of law falls under the category of judge made laws. Sometimes, it so happens
that there is no relief in the existing law to guide judge in a particular dispute. Under such conditions, the
judges keeping view the spirit of law resort to analogical deduction and then decide the case accordingly.
Hence a precedent is set for the guidance of subordinate courts. Equity is supplement to law, it provides
relief where the existing law affords none.
Legislation: in the ancient societies, there was no specific institution for legislation rather most of the
laws were found in the form of usages. Even after the emergence of state, no particular institution was
established for this specific function and laws mostly continued to be based on customary ways of life,
the role of government was confined to their execution only. With the evolution of the state and the
advancement of human civilisation, separate institutions were made for the purpose of legislation. In
modern democratic states, regular legislative bodies are established which enact new laws and make
necessary amendments in the existing laws.
Conclusion: to conclude that law means any standard or principle according to which certain acts in
certain circumstances must operate and no doubt, the benefits of law are great. The classification of civil
law into two main classes i-e general law and special law. These two classes are further sub-divided.
Therefore it is truth the civil law is the mother of all laws.

Define law what are its different kinds.

Introduction: the term law has been derived from an old teutonic root “lag” which means that fixed
or evenly. Law regulates the life and without law there is chaos and confusion. The term law is used to
denote that which is uniform. The state operates through government and government interprets the will
of state through law. Law is the vehicle of sovergnity.

According to Oxford Dictionary of Law:” The enforceable body of rules that governs any society”
Definition: “ Law as the king of, both mortal and immortal” by Pindar.
“Every law is a gift of God and a decision of sages” by Demosthenes.

Classification Of Law: the underlying principles of this classification are as follows:

The content of law : constitutional law, statues, executive decrees, ordinances, adjudication and
common law.
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Spehere of Law: private law, public law
Nature of Offence or dispute: criminal law and civil law
Geo-political basis: municipal law, international law
Documentary Form: written laws, unwritten laws
Judicial procedure: rule of law, administrative law.

The Content of Law

Constitutional law: constitutional law consists of those laws of the land that deals with the
organisation of state, powers of the government, exercise of governmental authority and the protection of
fundamental rights. Constitutional law incorporates not only the letters of the constitutional document
but also the interpretations made by the superior courts. It is found, both in written and unwritten forms.
A major part of British constitutional law for example consists of constitutional conventions.
Statues: in democratic states, the popular legislative chambers make laws in accordance with the
requirements of society. Difference between constitutional law and statutes lies in procedure of their
ammendment. A distinct procedure is adopted respect of the amendment of constitutional law and a
specific majority is required to this effect; while simple majority is required for the ammendment of
statutes. Nonetheless, in britain, no such difference is maintained in the amendment of both types of law
and parliament can alter any law by a simple majority. In some states, people directly participate in law-
making through referendum and initiative.
Executive Decrees: in democratic societies, law-making function is, of course, assigned primarily to
legislature; executive too wields the power o make rules and regulations in the light of statutes. This
power of delegated legislation on the part of the executive is regarded indispensable to make the statutes
according to the administrative needs.
Ordinance: the popularly elected legislative assemblies meet in sessions after short spells. During this
time, if need arise for new law, instead of waiting for assembly session, head of government issues
oridnances. These ordinances have the validity of law as long a s they remain enforced.
Adjudication: the function of a judge is to interpret and apply law in specific cases. In case, law is not
clear and its direct application to a dispute is not possible, a judge resorts to analogy and give new
interpretation to the existing law. This process is called adjudication. Adjudication is judge-made law,
such interpretations of superior courts become precedents to be observed by subordinate courts.
Common Law: common law consists of those usages which have given legal recognition by judiciary
in England. Common law truly reflects the prevailing customs and traditions of Bristish society; and
most of the basic rights of the citizens are based on it.
Spehere Of Law
Private law: private law deals with the interrelationship between citizens. In cases involving private
law, the parties to a dispute are private persons while the role of the state is that of an arbitrator( "! #$! &
% ).

Modern state normally avoids undue(234&65 &7# 85 ) interference in personal affairs of its citizens. The
function of the state is to protect personal rights of its citizens from any encroachment. In modern states,
religious minorities have their own personal law based on their respective religion involving such
matters as marriage, divorce etc.
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Public law: public law signifies those rules that regulate the relationship between citizens and state. In
cases involving public law, state is a party being represented through any governmental institution
versus private person. Individual want protection if their rights not only against the encroachment on the
part of the rfellow citizens but also against the state. Thus they can seek justice under the protection of
public law.
Nature of Offence or Dispute
Criminal law: in order to implement justice and ensure law and order, certain offences are regarded
as crimes against the state. Severe crimes are dealt under criminal law such as murder, theft, robbery,
rape etc. it means criminal law deals with the right of state while judicial procedure adopted for such
trials is termed as criminal procedure. The financial penalty imposed on the criminals is deposited in the
national treasure.
Civil law: under civil law, all such disputes are settled that relate to property deeds, agreements,
mortmain and distribution of assets. Separate civil courts are established for deciding such cases. Penalty
imposed on any one party to such disputes, is given to other party as compensation.

Geo Political Basis

Municipal Law: municipal laws consist of body of rules enforced by the state within its territorial
jurisdiction. The sanction behind these laws involves the coercion of the state and any violation to such
laws is dealt with by punishment. Public and private laws, both are part of municipal law.
International law: international law regulates th conduct of a state in its relation with other states.
Subjects to this category of laws, are not citizens but states. In strict legal sense, international law can’t be
considered as law since it lacks effective legal sanctions behind its enforcement.
Despite the all weaknesses, international law has become imperative in age of internationalism.
Moreover, they have the backing of different organs of the U.N who are involved in their formulation,
application and execution.
Documentary Form
Written and Unwritten Laws: written laws are found exclusively in documented forms whereas
unwritten laws are normally based on customs and conventions. The courts, however, recognise the legal
validity of all such laws. In most of the modern states, laws are found in written form. But in countries
where people are conservative, most of the activities are not regulated by explicit written laws but are
based on self- adjustments, under the impact of conventions. In Britain, for example, most of the political
practices are based on the conventions of the constitution, which have nowhere been reduced to writing.
These are regarded as the backbone of the constitutional system.
Judicial Procedure
Rule of law: in those political systems where exists one set of law applicable to all the citizens through
the same courts, the system of legal procedure is known as ‘Rule Of Law’. It implies according to Dicey,
the famous British constitutional jurist, three things (a) the same law is applicable to alll citizens. (b) no
one is above the law,(c) law protects the rights of all citizens.
Administrative Law: in contrast to ‘Rule Of law’ stands ‘Administrative Law’ as it works in some
European countries, especially is France. According to this judicial procedure, all public officials are tried
in different administrative courts for disputes arising in their official routine. A distinct set of law known
as administrative law, is applied in such cases through distinct judicial procedure.
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Conclusion: to conclude that law is the important and necessary part of state and developing the
human beings. Law gives rights and duties to human beings and law is the essential part of State. Law is
an instrument of social control as well as social change.