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THE NATIONAL UNIVERSITY OF ADVANCED LEGAL STUDIES
(A State University Est. by Act 27, 2005 of Kerala State Legislature)
KOCHI, KERALA
NATURE OF LAW
AMAL S ANIL
1st Semester - B.A. LL.B. (Hons.)
Roll No: 2058
Submitted to: Ms. ANITHA CHANDRAN
Faculty – History (The National University of Advanced Legal Studies, Kochi)
Date of Submission: 25 September 2023.
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ABSTRACT
We abide by and live by the law. We are what we are because of it—citizens, workers,
physicians, spouses, and owners of property. We demand our money, refuse to pay our rent,
are forced to forfeit penalties, or are locked up in jail all in the name of what our ethereal and
abstract ruler, the law, has decided. It is a sword, shield, and menace.2 Why does the law
have such a strong ability to command, govern, and assist its subjects? The nature of law is
being questioned here. According to Alf Ross, the issue of the nature of law is one of the
perennial issues that plague all jurisprudence. Additionally, he considers the legal
implications of the situation and why they are so different.
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Table of Contents
Introduction 4
The origin and history of law 5
Classification of Law………………………………………………………………………………………………………………………….7
Role of Juriprudence………………………………………………………………………………………………………………………..9
Law and Society……………………………………………………………………………………………………………………………….10
Sources Of Law………………………………………………………………………………………………………………………………..11
Legal System……………………………………………………………………………………………………………………………………13
Conclusion………………………………………………………………………………………………………………………………………15
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Introduction
Different types of laws and principles are referred to as "laws." Law is a tool used to control
human behaviour and conduct. In the eyes of society, law is synonymous with justice,
morality, reason, order, and righteousness.
From the perspective of the legislature, law refers to statutes, acts, rules, regulations, orders,
and ordinances. From a judge's perspective, law refers to court rules, decrees, judgements,
orders of courts, and injunctions.
Acts, Statutes, Rules, Regulations, Orders, Ordinances, Justice, Morality, Reason, Righteous,
Court Rules, Decrees, Judgements, Orders of Courts, Injunctions, Tort, Jurisprudence, Legal
theory, etc. are all included under the umbrella term of law.
Old English terms like "Lagu" (from the Old Norse "lagu" law collective) include laws,
ordinances, rules, and regulations Layer, measure, and stroke are "literally" things that are put
down or established in the plural form of "Lag."
The term law has different meanings in different Places/societies at different
Times. In Hindu religion law implies “Dharma” in Muhammadean religion (Islam) it is
“Hokum.
Generally the term law is used to mean three things:
First, it is used to denote "legal order". It stands for the system of regulating interactions and
enforcing behaviour through the methodical use of the power of an organised political
society.
Second, law refers to the entire collection of legal precepts that exist in a society that is
politically organised.
Thirdly, law is used to mean all official control in a politically organized
society. This lead to actual administration of Justice as contrasted with the
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authoritive material for the Guidance of Judicial action. Law in its narrowest
or strict sense is the civil law or the law of the land.
THE ORIGIN AND HISTORY OF LAW
The Origin and Nature of Law written and unwritten,its growthand development. Its function
in the social order, its powerful influence as an effective force in the progress and civilisation
of humanity, The importance of differentiating between THE NATURE OF WRITTEN AND
UNWRITTEN LAW.
A complete examination of the law would need three separate initiatives.
The initial step would be to learn the laws themselves as standalone rules. This information
might be sufficient to give one a high level of ability and competency in practise. The next
stage is to understand those rules as components of a categorised and systematic system that
demonstrates law as a science; everyone who desires to become a highly competent lawyer
must take this step. The third and last endeavour would be to investigate the areas of science
outside the purview of the law and determine their genesis, their fundamental nature, how
they were developed, and the role they play in human society.
With a civil code that was likely divided into twelve books and founded on the idea of Ma'at,
ancient Egyptian law, which dates back to 3000 BC, was characterised by tradition rhetorical
discourse, social equality, and impartiality by the first legal code, which was composed of
casuistic statements (if...then...), was created by the ancient Sumerian king Ur-nammu in the
22nd century BC. Hammurabi, king of Babylon, codified and carved the law into stone in
1960 BC, furthering the development of Babylonian law. The codex Hammurabi was created
when Hammurabi distributed many copies of his legal code as Stelae across the Babylonian
realm for public viewing.
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Ancient China and India both had unique schools of legal theory and practise and represent
distinct legal traditions. When India joined the British Empire, common law replaced Islamic
law and the influential Hindu treatises The Arthashastra and the Manusmriti, which date from
400 BC and 100 BCE respectively. Singapore, Hong Kong, Malaysia, Brunei, and Brunei
have all embraced common law. Japan was the first nation to start updating its legal system in
accordance with western norms by importing elements of the French Civil Code, but mostly
the German Civil Code. Similar to how traditional Chinese law gave way to westernisation in
the dynastic final years, six private law codes largely based on German and Japanese models.
FUNCTIONS OF LAW
Laws provide the standards by which we should live if we wish to be a part of society.
Humanity has had laws or other means of self-government ever since the dawn of
civilisation. Law established guidelines and restrictions for society so that we might live in
freedom, provided justice to those who had been harmed, and established that it would shield
us from our own government.
Most crucially, the law also gives parties a way to enforce agreements in a court of law and
offers a mechanism to settle conflicts arising from those obligations and rights (Corley and
Reed 1986 P.A).
Law, according to Corley and Reed (1986), is a corpus of guidelines for behaviour that are
imposed by a superior authority and have legal effect.
Laws are made because they aid in preventing anarchy in both the corporate world and in
society as a whole. Law establishes guidelines for employment standards, compliance, and
even interoffice rules.
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CLASSIFICATION OF LAW
Law can be divided into different categories and different criteria. Some of the commom
classification of law are:
CIVIL LAW : One subset of general law is civil law. It resolves conflicts between two
organisations or people. In civil law cases, the party who has been wronged gets compensated
to end the dispute. Such a penalty is not applied in such cases. Civil law needs a wronged
party or group in order to exist.
CRIMINAL LAW : The field of law known as criminal law deals with crimes and the
punishments meted out to those who commit them. Felons and misdemeanours are the two
primary classifications of criminal law offences. Felons are the most serious types of crimes,
which include murder, robbery, and arson. There are basically two main components of
criminal law is Actus Reus and Mens Rea. Actus Reus is the wrongful Act or task committed
by a person and Mens Rea is the state of mental aptitude behind such Acts.
PUBLIC LAW : Public law is the area of the law that regulates interactions between people
who directly affect society, including those between legal entities and the government,
institutions within a state, and different parts of the government.
PRIVATE LAW : Private law is that portion of a civil law legal system that deals with
interpersonal relationships and is a part of the jus commune, such as the law of contracts and
torts.
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COMMON LAW : Common law is also known as judicial precedent judge made law or law
case. It is the body of law produced by judges and other quasi-judicial bodies because it is
expressed in written opinions.
STATUTORY LAW : Statutory law is a type of written legislation that has been approved by
a legislative body. Oral or customary law, executive regulation law, common law of the
judiciary, and customary law are all in opposition to this. Legislative bodies at the federal,
state or local levels can create laws.
POSITIVISM : The term "theory of law" has several different meanings. It may also refer to
a theory of the existence of a legal system, which describes the circumstances in which a
community has a legal system as opposed to an institutionalised non-legal system or even a
random collection of norms. A theory of the presence of specific legal norms, or an account
of the circumstances under which we can assert that a legal norm, or a law, is said to exist, are
not the focus of this investigation. Questions about the existence of systems and laws are
distinct from those about the content of the system, i.e., what norms are included in a
particular legal system.
PHILOSOPHICAL APPROACH : Law philosophers are interested in offering a broad
philosophical study of the law and judicial system. Legal philosophy deals with a variety of
topics, such as normative concerns concerning the relationship between law and morality and
the justification for diverse legal institutions, as well as abstract conceptual problems
regarding the nature of law and legal systems. Compared to political philosophy and practical
ethics, subjects in legal philosophy are typically more abstract. For instance, the analysis of
legal interpretation falls under the category of legal philosophy, whereas the subject of how to
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correctly read the United States Constitution pertains to democratic thought and thus falls
under the area of political philosophy. Similarly, although if the issue of whether the death
penalty is morally acceptable falls under the applied ethic.
ROLE OF JURISPRUDENCE
Since people all across the world hold different ideologies and conceptions, there is no single,
agreed-upon definition of what constitutes jurisprudence. It is a pretty broad topic.
When a writer discusses the political climate in his or her society, it reflects the legal climate
that was in effect at the time in that particular society. Romans are thought to have been the
first people to explore the nature of law. Jurisprudence- Latin word ‘Jurisprudentia’
Knowledge of Law or Skill in Law. -Most of our law has been taken from Common Law
System.
NEED OF THE STUDY OF JURISPRUDENCE :
1. Juridical scholars and researchers contribute to the advancement of society by having
an impact on the entire legal, political, and social school of thought, making this field
of study intrinsically interesting and valuable.
2. Jurisprudence also contributes to education. It aids in the logical understanding of
legal issues and hones the lawyer's logical techniques. The study of jurisprudence aids
in overcoming the occupational view of formalism held by lawyers, which encourages
an excessive focus on legal requirements for their own sake and a disregard for the
social purpose of the law.
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3. The study of jurisprudence helps to put law in its proper context by considering the
needs of the society and by taking note of the advances in related and relevant
disciplines.
4. Jurisprudence may teach individuals to look, if not ahead, then at least sideways and
around them, and to realise that the best way to solve a new legal issue is to take into
account the demands of the day, rather than relying solely on the wisdom of the past.
5. Because it sheds light on essential concepts and legal principles, jurisprudence serves
as both the eye of the law and the grammar of the law. A lawyer can ascertain the actual
rule of law by comprehending the nature of law, its conceptions, and its distinctions.
Knowing the language, syntax, treatment premise, and underlying presumptions of the
subject is also helpful.
As a result, a lawyer needs to be trained in logic, which he can do by studying
jurisprudence.
LAW AND SOCIETY
The relationship between the law and society is that they are interconnected. Nothing can
be clarified with them present. Without the law, society devolves into the wild. The
general public's advancements should also influence law since without the necessary
adjustments, the law cannot stay up with society. Without the protection of the law,
society becomes untamed or perhaps even primal. In light of this, we must establish a
cordial relationship between the law and society in order to maintain public tranquilly.
Studies of law and society focus on how society's various actors, institutions, and
processes interact with the law. Social processes are used to generate and implement law.
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Law influences and influences social change simultaneously. Law is further believed to
constitute social structures like the state, family, property, corporation, crime, and even
the individual, beyond only a causal connection. Thus, there are many connections
between the study of law and other social scientific specialisations. A multi- and
multidisciplinary field is law and social studies.
SOURCES OF LAW
The nature and meaning of law has been described by various jurists. however, there is no
unanimity of opinion regarding the true nature and meaning of law.
NATURE SCHOOLMost of the definitions from antiquity provided by Roman and other
jurists belong within this school.
The definition of law given by Ulpine is "the art or science of what is equitable and good."
Law, according to Cicero, is "the highest reason implanted in nature." Law is described in
Justinian's Digest as "the standard of what is just and unjust."
THE HISTORICAL DEFINITION OF LAW : The history of law The following is a concise
summary of Savigny's theory of law:
That law is a result of biological and unconscious progress. Law is therefore discovered, not
created. -
Law is not inherently universal. It fluctuates with people and age, much like language.
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- Custom not only comes before law, but it also supersedes it. Law should always reflect the
general mindset.
- The collective human awareness is where law first emerged. - Since legislation is the final
step in the legal process, the lawyer or jurist is more significant than the legislator.
SOCIOLOGICAL DEFINITION OF LAW : Law, according to Duguit, is "essentially and
exclusively as social fact."
"The form of the guarantee of the conditions of life of society, assured by the State's power of
constraint," is how Ihering defines law. This definition requires three things in order to work.
First off, according to this definition, the law is just one type of social control. Second, law
exists to advance societal objectives. Third, it has a coercive nature.
REALISTIC DEFINITION OF LAW : "Law is a statement of the circumstances in which
public force will be brought to bear through courts," according to Holmes. A principle or rule
of law is one that, in Cardozo's words, is "so established as to justify a prediction with
reasonable certainty that it will be enforced by the courts if its authority is challenged"
FEMINISM SCHOOL OF LAW : Over the years, feminist involvement with the law has
taken many different forms. Feminists have had direct interaction with the law and the legal
community through litigation, advocacy for legal reform, and legal education. Women's
organisations have contributed to the improvement of accessibility to the law for people in
need by taking up the provision of specialised advice and services. Feminists have challenged
the parameters of legal discussion by critically analysing legal theories and practises. The
people and organisations involved in some or all of these activities have a dedication to
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overcoming gender inequality. However, there is disagreement among feminists regarding the
causes of gender inequality as well as the top priorities for addressing it. Feminism is a
tremendously diverse set of thinking and activity as a result.
LEGAL SYSTEMS
Law is a body of rules and regulations that the government imposes to ensure social fairness
and wellbeing. The social, political, economic, and cultural aspects of society are reflected in
India's legal system. Through India's legal history, the common law system developed its
foundations. The Constitution, legislation, common law, and court rulings from higher courts
are the primary sources of law in India. While state legislature-approved legislation typically
only apply inside the borders of the respective states, laws passed by parliament may apply
throughout all or part of India.
STRUCTURE OF INDIAN JUDICIAL SYSTEM
The judiciary system of India regulates the interpretation of the acts and codes, and dispute
resolution, and promotes fairness among the citizens of the land. In the hierarchy of courts,
the Supreme Court is at the top, followed by the High Courts and district courts
SUPREME COURT
The Supreme Court is the apex body of the judiciary. It was established on 26th January
1950. Chapter IV of Part V of the Indian Constitution contains the provisions establishing the
Supreme Court of India. The formation of the Supreme Court Rules, 1966 is enshrined in
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Article 145 of the Indian Constitution. The three categories of cases that fall under the
Supreme Court's purview are original (Article 131), appellate (Articles 133 and 134), and
advisory (Article 143).
The highest official appointed in accordance with Article 126 is the Chief Justice of India.
The Chief Justice of India was one of the seven members of the Supreme Court's main bench.
Due to an increase in the number of cases and workload, the number is now 34, including the
Chief Justice of India. It is against the law for a Supreme Court justice to preside over cases
in any other court of law.
HIGH COURT
The High Court is each state's and union territory's highest court of appeals. There must be a
High Court in every state, according to Article 214 of the Indian Constitution. The High
Court is authorised to hear appeals and to exercise original and supervisory jurisdiction.
However, a High Court's supervisory authority is constrained by Article 227 of the Indian
Constitution. Articles 214 to 231 cover the Constitution and a High Court's authority. Each
state and union territory in India has its own High Court, making a total of twenty-five in the
country. Article 217 of the Constitution deals with the nomination of a judge of the High
Court. The High Court Judges (Salaries and Conditions of Service) Act of 1954 governs a
judge's compensation and services.
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DISTRICT COURT
District Courts, presided over by District judges, govern legal issues in a given region or
district. In India, there are 672 district courts. The district court's decision is governed by the
High court's appellate jurisdiction.
MUNSIFF COURT
Munsiff courts are the lowest rank of courts in a district. It is usually under the control of the
District Court of that region. The pecuniary and territorial jurisdiction limits are defined by
the State Government.
CONCLUSION
We also understand that laws change over time in response to evolving situations and moral
development. The interaction between law and ethics is clear because legal systems
frequently mirror societal ethical norms. It is impossible to exaggerate the importance of law
in resolving disputes and fostering social cohesion.
The study of the nature of law will always be important since legal systems are always
changing to accommodate the complexity of the modern world. In the end, it serves as a
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reminder of the crucial part that law plays in forming our society by challenging us to think
about the ethical and philosophical aspects of law.
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fractal nature of nature: power laws, ecological complexity and biodiversity. Philosophical
Transactions of the Royal Society of London. Series B: Biological Sciences, 357(1421), 619-
626.
Finley, L. M. (1989). Breaking women's silence in law: The dilemma of the gendered nature
of legal reasoning. Notre Dame L. Rev., 64, 886.
Tooley, M. (1977). The nature of laws. Canadian journal of Philosophy, 7(4), 667-698.
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