Orientation to Law

S.K. Mohanty
Advocate
Supreme Court of India
E-mail:
mohanty.justice@gmail.com

Introduction to Law

Meaning and Concept of

Law

Natural and inalienable right of every

human being to protect his own person
and property.
Time and again rights of one individual
may come into conflict with the rights of
another individual or groups of individuals,
conflict of interest can also occur between
the rights of two or more groups.
This is where the concept of law comes
into picture.

Meaning and Concept of

Law Contd.
Law is an instrument of social regulation.
It contributes to the maximization of
happiness and well being of human
beings as individuals and also as part of
the society.
It also plays an important role to resolve
the present and potential conflicts
between conflicting interests in a society.

Definition of Law
Law is basically a normative structure
incorporating rules of permission (may
do), prescription (shall do), and
proscription (shall not do) intended for
regulation of conduct of individuals that
compose an orderly society.
As per Salmond: Law is the body of
principles recognized and applied by the
State in the administration of the State.

Definition of Law contd.

Woodrow Wilson defines Law as that portion of
the established habbit and thought of mankind
which has gained distinct and formal recognition
in the shape of uniform rules backed by the
authority and power of the Government.
Law represents the code of conduct which is
established and enforced by the State.
So law has three fold aspect:
It is an abstract body of rules.
It is a social machinery required for securing
order in the community.
It is not static.

Varied Understanding of
Law

The word Law as general has different connotations

for different people.

For a science scholar the word law refers to a general

rule that describes the regular or patterned
relationships among observable phenomena like laws
of physics.
For a Math's and Logic student the word law describes
the nature of rational thought and inference.
For a Politics and Jurisprudence apprentice the word
law generally refers to a statement that prescribes or
proscribes specified relationships among people.

Varied Understanding of
Law contd.
For a Law student the term law generally refers to a set of
rules and regulations which are framed by the sovereign
authority of a State for regulating the conduct of the citizens of
the State.
For a Legislator Law is something which is created by him.
For a lawyer who practices, he may think of Law as a vocation.
For a Judge, Law is the set of guiding principles which are to
be applied in decision making.
Last but not the least for a citizen Law is a set of rules which
he must obey.

Main Object and Purpose

of Law
Main object of Law is to govern a
society for the protection of its orderly
co-existence.

Its purpose is to govern and regulate the

behaviour of the members of the society.

Other Instruments of Social

Regulation
Law is not the only instrument of
social regulation.
Ethics, morals, religion etc. also play
an important role in social regulation.
But law differs from these
instruments in two respects: Law is made by the sovereign
It is also enforced by the sovereign by
the use of coercive power.

Historical Development
of Law
Natural Law

Positive Law

Natural Law
The concept of Natural Law is the oldest known concept in the
historical development of law.
It indicates a super natural and supra natural origin and
application of Law.
As per this concept Law is viewed as a product of God or of
nature.
According to this concept Law endows man with right reason.
Natural Law is the standard by which justice or injustice is
measured.

Positive Law
As per this concept of Law has no divine origin
but is made by a human being for a human being.

It is viewed as a product of a human organization

called State and it is enforced by the State with
the help of coercive force.

Sources of Law
The term Sources of Law
generally refers to the
source from where we
obtain the knowledge of
Law or the cause for the
passing of the Law or the
authority that passes the
Law.
As per Salmond, Sources
of Law can be divided in
the following manner:

Sources of Law

Formal Sources Material Sources

Legal Sources Historical Sources

Principal Sources of
Indian Law

Formal Sources of Law:

Legislation
Precedents
Treaties

Material Sources of Law:

o Custom
o Standards of Justice
o Equity

Principal Sources of Indian

Law contd.
Further the Sources of Law can also be divided
into primary and secondary sources.
Primary Sources are the Constitution, the
legislation, the administrative rules, the judicial
decisions etc.
Secondary Sources are treaties, text books,
official records etc.

Rule of Law
Important feature of a Democratic Country.
Expression Rule of Law derived from the French
phrase la principle de legalite which means a
government based on the principles of Law.
This term is basically used to indicate that the
Law is supreme and that the activities of the
Government must have the sanction of Law.

Rule of Law contd.

Main Proponent of the concept of Rule of Law is A.V. Dicey,
the famous English Jurist.
According to him The absolute supremacy or predominance
of regular law is opposed to the influence of arbitrary power
and excludes the existence of arbitrariness, of prerogative, or
even wide discretionary authority on part of the Government.
According to him Rule of Law has three meanings:

No man is punishable or can lawfully be made to suffer in body or

goods except for a distinct breach of law established in the
ordinary legal manner before the ordinary Courts of Law.
No one is above law.
General Principles of the Constitution are the results of judicial
decisions determining the rights of private persons in particular
cases brought before the Court.

Rule of Law contd.

Rule of Law based on the principles of Natural
Justice:
Audi Alteram Partem
Nemo Judex in re sua
The concept of Rule of Law developed to
control the organs of the Government in
working.
It advocates the absence of arbitrariness in
the decision of the Government.

Conclusion
So all societies view Law not as an end in itself
but as a means to an end i.e. justice.

As per Salmond, the great legal jurist Law is

not right alone or might alone but it is the
perfect union of the two.