Q1. Explain the characterstics of law and breifly describe the sources of indian Law.
Characteristics of law:
Law is a body of rules.
These rules prescribe the conduct, standard or
which actions of the persons in the state are required to conform. However,all rules of
conduct do not become law in the strict sense. We resort to various kinds of rules to
guide our lives. For example, our conduct may be guided by a rule such as “do not be
arrogant” or “do not be disrespectful to elders or women”.
These are ethical or normal
rules by which our daily lives are guided. If we do not follow them, we may lose our
friends and their respect, but no legal action can be taken against us.
Law is for the guidance or conduct or persons-both human and artificial.
The law is
not made just for the sake of making it. The rules embodied in the law are made, so as
to ensure that actions of the persons in the society conform to some predetermined
standard or pattern. This is necessary so as to ensure continuance of the society. No
doubt, if citizens are ‘self enlightened’ or ‘self-controlled’, disputes may be minimized,
but will not be eliminated. Rules are, therefore, drawn up to ensure that members of
the society may live and work together in an orderly manner. Therefore, if the rules
embodied in the law are broken, compulsion is used to enforce obedience, and certain
Law is imposed. Law is imposed on the members to bring about an order in the group,
enabling it to continue and prosper. It is not something which may or may not be
obeyed at the sweet will of the members of society. If you cannot impose a rule it is
better not to have it. Thus, law is made obligatory on the members of the society.
Law is enforced by the executive. Obviously, unless a law is enforced it ceases to be a
law and those persons subject to it will regard it as dead. For example, if A steals B’s
bicycle, he may be prosecuted by a court and may be punished. Also, the court may
order the restitution of the bicycle to its rightful owner i.e., B if the government passes
many laws but does not attempt to enforce them, the citizens lose their respect for
government and law, and society is greatly weakened. The force used is known as
sanction which the state administers to secure obedience to its laws.
The state. A state is a territorial division, with people therein subject to a uniform
system of law administered by some authority of the state. Thus law presupposes a
Content of law. The law is a living thing and changes throughout the course of history.
Law responds to public opinion and changes accordingly. Law can never be static.
Therefore, amendments are made in different laws from time to time. For example, the