What is law?

Law is a body of rules enacted by public

officials in a legitimate manner and backed by
the force of the state.

Salmond “ law is the body of principles

recognized and applied by the state in the
administration of justice”

Hobbes ”Law is the command of him or them

who have coercive power”
Gray “ law is the body of rules which the
courts lay down for the determination of right
and duties”.
 Kinds of Law
Physical or Scientific law;
 Expressing the uniformity of the universe.
 they are not the creation of men and cannot be
changed.
 If these rules or laws are broken it cease to be a law
 e.g law of motion, gravitation, chemical reactions,
growth of all beings.
 If it is broken ????????
 Practical or Technical law
 Rule which are to be followed for achieving some
purpose.
 These rules guide us to get certain end.
 What we ought to do in order to attain a certain
end?
 Someone desire to manufacture pens of a
particular type.
 Follow certain rules of procedure.
 Law of manufacture, law of health, law of music
 Conventional law
 Convention means agreement.
 This law is based on agreement and is law for those only
who are party to the agreement.
 It is form of special law.
 Force or validity come from the agreement between the
parties concern.
 This law comes from the consent of the parties to the
agreement.
 Conventional law is thus the name given to a body of rules
agreed to be followed by some parties in order to regulate
their conduct towards one another.
 i.e. rules of club, rules of cricket etc
 Natural or Moral law
 Also called divine law, unwritten law, universal
law, common law etc.
 Natural law is written by the fingers of nature in
the heart of mankind.
 It is called the command of GOD imposed upon
men.
 Is universally obeyed in all places by all the
people.
 Natural law is the principles laid down by the GOD
for the guidance of mankind.
 Aristotle “ that there is only one moral law
which is universal and set by GOD to men”
 e.g Natural justice, (Fundamental rights like
right to life, equality, expression etc)
 Recognized by all the constitution of world.
 Civil Law
 Means law of the land or law of the state.
 It is backed by the force and might of the state.
 The Roman called it “JUS CIVILE” they used it for
there own citizen.
 Different name of it municipal law, positive law,
national law.
 The Romans use the term “JUS GENTIUM” for
aliens.
 They valued their citizenship so much that they did
not think of giving the same right to alien(Afghan).
 Divide into General law and special law by Salmond
 General & Special Law
General law Special law
Ordinary law of the Body of rules special in
state. its application, nature and
It applies to all the origin.
courts of the state. It applies to a particular
It does not require any place, community or
special condition. locality.