Nature of law and its kinds
Author: Shubhi jaiswar,
B.A.L.L.B 1st year,
[Hemwati Nandan Bahuguna Garhwal University Uttrakhand],
(Pandit Purnanand Tiwari Law College Haridwar)
Rules are made by the state to determine the justification or unfairness of the behavior of
individuals in human society. Those are called method. This is the reason that the method
has been considered as a major means of social control. The word henry sidwil-law is used to
refer to a rule that orders one to do or not to do the same, and to disobey a guilty person. In a
general sense any rule can be called a method. The method is derived from the English
meaning of law in terms of origin. Which means something that is an essence, that is, tied.
Jus in Roman. Where has the spades gone in the Islamic system. In ancient Hindu law, law
was referred to as religion, which included religious, moral, social and legal duties. In the
broad sense, religion included all the rules and arrangements on the basis of which human
conduct is controlled in the world, religion was first explained in the Rigveda.
Relation between law and justice: –
It is important to understand the main purpose of the method before mentioning the nature
of the method and its various types. All the methodists have considered the law as an
instrument of justice, that is, the method by which justice is achieved. Without law, justice
cannot be imagined because it is a medium on which it is possible to differentiate between
justice and injustice or right and wrong. If there is no law, justice should remain a blank
fantasy. The justification or unfairness of human conduct in society is determined by law.
Therefore, law and justice are so closely related to each other that the two complement each
Nature of law: –
It is clear that the word method can be used in many ways. In fact, it is not possible to
present any unanimous definition of law. Keaton states that “it is necessary to limit the
extension of jurisprudence in order to present a universally accepted definition of the
method”. The term method is often used in two different meanings. Jermi, while
distinguishing between law and a method, has written that the term law is used for the overall
methods embodied in the legal system of a country, whereas one method refers to a
particular law. Just as Indian law means all the laws prevailing in Indian law system whereas
a law is a declaration of a particular law. Such as consumer protection law, dowry law,
contract law etc.
Main characteristics of law:
The main characteristics of the method are as follows-
1) Law is the command enforced by the sovereignty of the country. That is, a law made by the state behind which the governing of the state is vested and which obliges individuals to
comply with the law. Summary is that the law is enforced by the governing of the state.
2) There is a close relationship between law and justice, in fact law is an essential tool of administration of justice.
3) The method has uniformity and consistency i.e. it is applied equally to all without any discrimination. The law is enforced by the courts established by the state.
4) Sometimes old ways and traditions also take the form of law. But this is possible only
when these stereotypes have been practiced by the mother in the form of law by the judges and incorporated in their decisions.
Properties of the method: –
1) Uniformity and certainty: – By law, the administration of justice attains uniformity and certainty. The rules of the law are fixed firm and the show airs.
2) Fair justice: – Judges are not likely to be biased and arbitrary due to the law being implemented in the courts and they cannot give arbitrary decisions.
3) Protection from mistakes of personality decision: – Due to certain provisions of the law, personal discretion does not have place in them. Therefore, in judicial decisions,
discrepancies arising due to discretion of the individual do not enter. That is why Aristotle has said that good laws prohibit that a judge should not try to be more prudent than law.
Defects of the law: –
1) Conservatism: – Due to the control of the law, they are not able to conform to the situation. In progressive society, time of law is necessary to be fair. Many methods which are right
today prove wrong due to change in circumstances.
2) Formality: – Due to unnecessary importance given to the formalities and technicality of the law, there are many difficulties in its actual enforcement, it wastes much time in it.
3) Complexity: – Many methods are complex and so elaborate that a normal person, other than a law expert, cannot easily understand them.
4) Inefficiency: – The construction of the method is based on synchronization and
imagination. Hence, it is not applicable in many specific and exceptional circumstances. In
such cases, there is a possibility of injustice to the parties due to the irregularity of the law