2. • The term “Law’ denotes different kinds of rules and
Principles. Law is an instrument which regulates human
conduct/behavior. Law means Justice, Morality, Reason,
Order, and Righteous.
• Law means Statutes, Acts, Rules, Regulations, Orders, and
Ordinances from point of view of legislature.
Introduction
3. • Law means Rules of court, Decrees, Judgment,
Orders of courts, and Injunctions from the point
of view of Judges. Therefore, Law is a broader
term which includes Acts, Statutes, Rules,
Regulations, Orders, Ordinances, Justice, Morality,
Reason, Righteous, Rules of court, Decrees,
Judgment, Orders of courts, Injunctions, Tort,
Jurisprudence, Legal theory, etc.
4. Importance of Law
• Maintain social order and protecting individual rights,
• Provide a foundation for a just and harmonious society.
• To ensure fair and equal treatment for all members of a
society, regardless of their background or status.
5. •To resolve conflicts, deter crime, and enforce
consequences, fostering a sense of
accountability and promoting a safe and
secure environment.
•Essential for economic development and
prosperity, as it provides a framework for
contractual agreements, intellectual property
protection, and business regulations.
6. • “Law” is a system of rules designed to regulate
behavior in both public and private society. Social
and/or governmental institutions create and enforce
these rules. Humans have been making laws for
thousands of years. Early examples include ancient
Egyptian law, Babylonian law, ancient Chinese law,
and Old Testament law. There are many categories of
law, including criminal law, civil law, and so on but
Why does law matter at all? Here are the reasons:
7. #1 Laws set the standard for acceptable (and
unacceptable) behaviors
• At its most basic, the law is about mitigating conflict. When
creating laws, societies reckon with what drives conflict.
Some things – like murder and theft- are obvious and have
been included in laws stretching back to ancient times.
However, as time goes on and societies change, what’s
considered acceptable changes, too. Legal systems adapt so
they can provide clarity and context for unacceptable actions.
They also offer guidelines for appropriate consequences.
8. #2 Laws provide access to justice
• If it’s against the law to punch someone in the face,
someone who gets punched can do something about it
other than simply swinging back. In a perfect world,
justice is equal. It doesn’t matter who got punched or
who did the punching. What matters is that the law
against punching was broken. Everyone in a society – and
not just a privileged few – must have equal access to
justice through the law.
9. #3 Laws keep everyone safe
• Laws don’t only respond to injustices and harm. They work to
prevent them. Food safety laws are a prime example. In the past, the
food industry was horrendously unregulated. In the 18th and 19th
centuries, American food producers went to extreme measures in
their quest for profit. They watered down milk and stirred in
materials like chalk for color. They mixed dirt into coffee, tea, and
spices and added lead to beer and wine. In 1906, President Roosevelt
and Congress passed the Pure Food and Drug Act, as well as the
Meat Inspection Act. This marked the beginning of modern food
safety and monitoring. Today, food safety laws protect the public
from potentially-fatal food poisoning.
10. #4 Laws protect the most vulnerable in society
• Many laws are specifically designed to protect certain groups
of people. Laws like the Civil Rights Act (the United States)
and the Sex Discrimination Act (Australia) make it illegal to
discriminate. These types of laws protect what’s known as
“negative rights,” which is the right to be free from
something, like discrimination. Anyone can be discriminated
against, but as history shows, certain people are more at risk.
Laws designed to prevent discrimination based on race, sex,
gender, religion, and more protect these groups and give
them better access to justice.
11. #5 The process of creating laws encourages civil and
political engagement
• As societies change, laws must change, too. Advancements in technology
are a prime example of why. In recent times, the distribution of sexually
explicit images or videos of individuals without their consent has become
a major issue. According to one study, around 10 million Americans have
had explicit photos shared without consent. While there are state laws,
there is no federal law. In Australia, an electronic petition called upon the
A.C.T. Legislative Assembly to criminalize the distribution of sexually
explicit images or videos of individuals without their consent. The
Assembly listened. This is a great example of people engaging with the
law-making process and making law matter as issues evolve.
12. #6 Laws offers people a variety of career options
• As a career, law is varied and versatile. Because there are
so many different areas of law, there are hundreds of job
options. Lawyers can specialize in everything from
contracts to immigration to criminal law. A person can
also become a professor of law, while there are also jobs
for paralegals, consultants, and researchers. The legal
system is big, so there is room for all kinds of skills and
expertise.
13. #7 Laws are important to maintain peace
• Earlier in this article, we touched on how law is essentially
about mitigating conflict. That makes law essential to
maintaining peace. This is because injustice fuels conflict.
If destructive behaviors are allowed to flourish without
remedy, people will suffer and become dissatisfied with
their government. If justice is applied unequally, this also
fans the flames of conflict. For the sake of peace,
societies need to strengthen their rule of law and ensure
that it’s fair.
14. #8 Laws are important for social progress
• We’ve discussed how legal systems should adapt and evolve with the
times. If laws remained stagnant, so would societies. Throughout
history, law has been employed as a tool for social change. It was laws
that made slavery, segregation, and apartheid illegal. Laws prevent
people from getting fired from their jobs because of who they marry or
because of a disability. The concept of law as a mechanism for social
change is complicated because if the majority of a community doesn’t
agree with the law, it’s likely that the law won’t be enforced. However,
having a law on the books gives people more power than if the law
didn’t exist at all. It’s an important step (though not necessarily the final
step) to real social change.
15. #9 Laws make human rights a reality
• Supreme Court Justice Sonia Sotomayor once said, “I firmly
believe in the rule of law as the foundation for all our basic
rights.” Basic rights are the human rights that everyone is entitled
to. This includes the right to life, the right to marry, the right to
be free from discrimination, and more. These are listed in the
Universal Declaration of Human Rights, but that document is
not legally binding. To make human rights a reality, they have to
be protected through laws. Without law, human rights would be
an abstract concept. If you would like to learn more about
human rights, consider studying a masters.
16. #10 Laws are not always good for society
• The fact that law can be used to harm is the last reason why it’s so
important. Laws are not always beneficial to society or they’re only
beneficial to a select group. Governments often use laws to increase
their power and punish critics. Laws can also be problematic when they
fail to address the root causes of a problem and even end up making it
worse. Fines, which are meant to encourage people to follow laws, can
add up to the point of putting people in debt and criminalizing poverty.
The war on drugs is another key example of how laws can hurt people.
Instead of treating drug addiction as a public health issue, laws have
turned it into a criminal one. In these cases, laws end up violating human
rights instead of protecting them.
17. Meaning of Law
• In old English “Lagu” i.e. law, ordinance, rule, regulation
from old norse “lagu” law collective Plural of “Lag” is
layer, measure, stroke ‘Literally’ something laid down of
fixed.
• The term law has different meanings in different
Places/societies at different times.
18. • In Hindu religion law implies “Dharma” in Muhammadan
religion (Islam) it is “Hokum”, in Roman its “Jus”, in
French its “Droit”, in Arabic Al-qanoon, in Persian and
Turkish its Kunoon, in Latin its “Legam”, in Philipino its
“Batas”, in Albanian language its “Ligj”, in Czech its
“Lor”, in Dutch its “Wet”, in Italian its “Legge” , and in
Lithuanian its “Teise” . It varies from place to place in the
sense adultery is an offence in India (under section 497 of
the Indian penal code, 1860) while it is no offence in
America.
19. Law differs from religion to religion in the sense personal
laws viz. Hindu law, Muslim law etc. differ from one
another. For instance, A Muslim can have four wives living
at a time, but, a Hindu can have only one wife living at a
time (Monogamy). If a Hindu male marries again during
the life time of first wife he is declared guilty of the
offence of bigamy and is Punishable under sec. 494. The
law is subject to change with the change in society and
also change in the Government/legislative through the
amendments/Acts
20. • Generally the term law is used to mean three things:
• Firstly it is used to mean “legal order”. It represents the regime
of adjusting relations, and ordering conduct by the systematic
application of the force of organized political society.
Secondly, law means the whole body of legal Percepts which
exists in a politically organized society. 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
authoritative material for the Guidance of Judicial action. Law
in its narrowest or strict sense is the civil law or the law of the
land.
21. Definitions of law:
• It is very difficult to define the term law. Many Jurists
attempted to define the term law. For the Purpose of
clarity, some of the definitions given by Jurists in
different Periods are categorized as follows.
22. (I) Idealistic Definitions:-
Romans and other ancient Jurists defined law in its idealistic nature.
Roman Justinian’s defined law in the light of its idealistic nature.
• (a) Salmond: - According to salmond “the law may be defined as
the body of principles recognized and applied by the state in
the administration of Justice.
• Criticism of Salmond’s definition of law:- Salmond did not
define the expression Justice. Keeton says what has been
considered to be just at one time has frequently not been so
considered at another.
23. • Criticism by Dean Roscoe Pound:- Dean Roscoe Pound
has criticized the definition of Salmond as reducing law
to a mass of isolated decisions and the law in that
sense to be an organic whole. Further, it is criticized on
the ground that Salmond’s definition applies only to lax law
not to Statute.
• Despite criticism, Salmond’s definition is considered as the
workable definition.
24. (b) John chipman Gray’s Definition of Law:-
• According to Gray, “the Law of the State or of any
organized body of men is composed of the rules which
the courts, that is the judicial organ of the body lays down
for the determination of legal rights and duties.
• Criticism of Gray’s definition of law:- Gray’s definition
is criticized on the Ground that he is not concerned with
the nature of law rather than its Purposes and Ends.
Further it does not take into account the statute law.
25. (ii) Positivist definition:-
• (a) Austin’s definition of law”
• John Austin (1790-1859) An English Jurists expounded
the concept of analytical positivism, making law as a
command of sovereign backed by sanction. He
developed logically, a structure of legal system in which
he gave no Place to values, morality, idealism and Justice.
26. • According to Austin, a law, in the strict sense is a general
command of the sovereign individual or the sovereign
body. Issued to those in subjectivity and enforced by the
physical power of the state. According to Austin “law is
aggregate of rules set by men politically superior or
sovereign to men as politically subject.”
27. • Austin says, “A law is command which obliges a person or
persons to a course of conduct.
• Criticism of Austin’s definition of law:- Austin’s
definition of law is subjected to criticism on the ground that
it ignores completely the moral and ethical aspects of law
and unduly Emphasized the imperative character of law.
28. (b) Holland’s definition of law
• Thomas Erskine Holland, a reputed Jurist, who followed
the Austin’s concept and nature of law attempted to
define law as law is a General rule of external human
action enforced by a political sovereign. Holland also
measures or defines law with preference to sovereign
devoid of moral, ethical or ideal elements which are
foreign to law and Jurisprudence.
29. • (c) John Erskine definition of law: Law is the
command of a sovereign, containing a common rule of
life for his subjects and obliging them to obedience.
• (d) Hans Kelsan’s definition of Law: According to
Kelsan legal order is the hierarchy of the norms, every
norm derive its validity from the superior norm and
finally there is highest norm known as grundnorm.
• (e) H.L.A.Hart: According to Hart Law is the
combination of primary rules of obligations and
secondary rules of recognition.
30. Definition of Historical school of Law
• The chief exponent of the Historical school is Von
Savigny. Historical Jurisprudence examines the manner or
growth of a legal system. It deals with general principles
governing the origin and development of law and also
the origin and development of legal conceptions and
principles found in the Philosophy of law.
31. Savigin’s definition of law:-
• Savigny says that law is not the product of direct
legislation but is due to the silent growth of custom or
the outcome of unformulated public or Professional
opinion. He says that law not as a body of rules set by
determinate authority but as rules consist partly of social
habitat and partly of experience. He says law is found in
the society, it is found in custom.
32. Sociological school of law
• The sociological school commenced in the middle of
nineteenth century, According to sociological school the
common field of study of the Jurist is the effect of law and
society on each other. This approach takes law as instrument
of social progress.
• (a) Ihering’s Definition of law: Ihering defines law as ‘the
form of Guarantee of the conditions of life of society,
assured by state’s power of constrain.
33. He says law is a means to an end and end of the law is to serve its
purpose which is social not individual.
• (b) Dean Roscoe Pound’s definition of law: Pound defines law as
a social institution to satisfy social wants. He says law is a social
engineering, which means that law is a instrument to balance between
the competing or conflicting interests.
• (c) Dias’s Definition of law: Law consists largely of “ought”
(normative) Propositions prescribing how people ought to behave the
“ought” of laws are variously dictated by social, moral, economic,
political and other purposes.
34. (IV) Realist definition of law
• It is branch of sociological school. It studies law as it is in its
actual working and effects. It has been summed up by its
exponent professor K. Llewellyn as “ferment” According to
Georges Guroitch the neo-realistic school represents a violent
reaction against the dominantly theological and moralizing
orientation of “sociological Jurisprudence” Holmes J. The
realist considered the law to be a part of judicial process. He
says, “that the prophesies of what the courts will do, in fact
and nothing more pretentions, are what I mean by law.
35. Origin of law
• Ancient Egyptian law, dating as far back as 3000 BC had a civil code that was
probably broken into twelve books it was based on the concept of Ma’at
characterized by tradition rhetorical speech, social equality and impartiality by
the 22nd century BC, ur-nammu an ancient Sumerian ruler, formulated the
first law code consisting of casuistic statements (if…then…”) Around 1960
BC king Hammurabi further developed Babylonian law, by codifying and
inscribing it in stone. Hammurabi placed several copies of his law code
throughout the kingdom of Babylon as Stelae, for the entire public to see
this became known as the codex Hammurabi.
36. • Ancient India and china represent distinct tradition of law, and had
historically independent schools of legal theory and practice. The
Arthashastra, dating from the 400 BC and the Manusmriti from 100 BCE
were influential treatises in India, but this Hindu tradition, along with Islamic
law was supplanted by the common law when India became part of British
Empire. Malaysia, Brunei, Singapore and Hongkong also adopted the
common law. Japan was the first country to begin modernizing its legal
system along western lines by importing bits of the French but mostly the
German Civil Code. Similarly traditional Chinese law gave way to
westernization towards the final years of the dynasty in the form of six
private law codes based mainly on the Japanese modal of German law.
37. • One of the major legal systems developed during the Middle Ages was
Islamic law and jurisprudence. During the classical period of Islamic law and
jurisprudence “Hawala” and institution of law was an early informal transfer
system which is mentioned in text of Islamic Jurisprudence as early as the
8th century. Hawala itself later influenced the development of the “Aval” in
French civil law and Avallo in Italian law. Roman law was heavily influenced
by Greek teachings.
38. Nature of law
• What is the nature of law? This question has occupied center stage
Jurisprudence and philosophy of law in the modern era, and has been the
central occupation of contemporary analytic Jurisprudence. This entry in the
legal theory Lexicon aims to give an overview of the “what is law” debate.
Historically, the answer to the question, “what is Law” is thought to have two
competing answers. The classical answer is provided by natural law theory,
which is frequently characterized as asserting that there is an essential
relationship between law and morality and Justice.
39. • The modern answer is provided by legal positivism, which as developed by
John Austin, asserted that law is the command of the sovereign backed by
the threat of punishment. Contemporary debates over the nature of law
focus on a revised set of positions legal positivism is represented by
Analytical legal positivists, like H.L.A Hart Joseph raza and Jules Coleman.
The natural law tradition is defined by John Punis and a new position,
interpretivism is represented by the work of the late Ronald Dworkin. In
some ways, the title of this lexicon entry is misleading because of focus on
the “what is law” question as it has been approached by contemporary legal
philosophers.
40. • There are other important perspectives on the nature of law that focus on
law’s functions rather than the meaning of the concept for criteria of legal
validity. For example, the sociological tradition includes important work on
the nature of law by Max Weber and Niklas Lahumann. These issues are
discussed by Brian Tamanaha in a very clear way. This lexicon entry maps the
territory of the “what is Law”? Controversy, and provides introductory
sketches of the major positions as always, the lexicon is written for law
students.
41. Functions of law
• Ever since the down of Human civilization, mankind has had some sort of
rule or that they used to Govern itself in society laws set the standard in
which we should live in if we want to be part of society. Law set up rules and
regulations for society so that we can freedom, gives Justice to those who
were wronged, and it set up that it protects us from our own Government.
Most importantly the law also provides a mechanism to resolve disputes
arising from those duties and rights and allows parties to enforce promises in
a court of law (Corley and Reed 1986 P.A)
42. • According to Corley and Reed (1986) law is a body of rules of action or
conduct Prescribed by controlling authority, and having legal binding forces.
Laws are created because it helps prevent chaos from happening within the
business environment and as well as society. In business law sets guide lines
regarding employment regulatory, compliance, even inter office regulations.
43. Role of law in Business
• The rule of law plays an important role in the business world when set setting a
business it is the laws that determine what type of business it is to became, and the
structure is to be formed. Also the law sets up a reasonable expectation on how the
business should operate in order to protect the business owner’s interest of the
Customer of that business. The rule of law not only allows people to understand
what is expected of them in their personal capacities but also set forth rules for
business so that they, too know what is expected of them in their dealing and
transactions ( Johnson & Lalu 2014) the law protects those who work for a business.
it sets Guideline of how treat your employees, equal opportunities, pay scale, hours,
breaks, benefits and long with a host of other right privileges. In short the laws for
business create an honest environment where consumers and business owners
interest can be protected and we have ways to solve of any disputes arise. If these
laws are in any ways are violated it sets up Guidelines for punishment.
44. Role of law in Society
• Without law our society would be chaotic, uncivilized mess and anarchy
would reign supreme. The role that law has in society is that it creates a norm
of conducts in the society we live in laws are made to protect its citizen from
harm. It set in way that all citizens are given equal opportunity, protection
from harm no matter your race, Gender, religion and social standing. Under
the law all its citizens are guarantee equal protections. In society laws are
made to promote the common good for everyone.
45. • That is sets up Guideline for everyone in society to act in way that brings the
Greater Good. Everyone acted without thinking about the Greater Good,
society would revert to those days where survival of the fittest was the
common sight. We live in world where we have finite amount of resources
should shared or used. Laws are made on how to manage these and how we
resolve if issues arise over these resources. If know laws were in place these
sources would be controlled by the string and the wealthy.
46. Kinds of law
• Law is used in different senses. The use of the term “law” is made in various
senses. It denotes different kinds of rules and Principles. Blackstone says
“law in its most general and comprehensive sense signifies a rule of action
and is applied indiscriminately to all kinds of action whether, animate,
rational, irrational. Thus we say the law of motion of gravitation of optics or
Mechanics, as well as the law of nature and nations” it is helpful in
understanding the different senses in which “law” is used in various fields of
knowledge.
47. Kinds of law by Sir Jhon Salmond
• Sir John Salmond refers to eight kinds of law
• 1. Imperative law
• 2. Physical or scientific law
• 3. Natural or moral law
• 4. Conventional law
• 5. Customary law
• 6. Practical or technical law
• 7. International law, and
• 8. Civil law
48. 1. Imperative law
• Imperative law means a rule of action imposed upon by some authority which
enforces obedience to it. In other words it is a command enforced by some
superior power either physically or in any other form of compulsion.
• Kinds of Imperative law:- There are two kinds of imperative law, Divine or
human 1. Divine laws 2. Human laws
• 1. Divine laws are consists of the commands imposed by God upon men either
by threats of Punishment or by hope of his blessings.
• 2. Human laws are the laws by analogy
49. • Sir Jhon Salmond classifies Human Laws into four sub classes
• 1. Imperative law imposed and enforced by State is called “Civil law”
• 2. Imperative law imposed and enforced by members of society is “Moral law”
• 3. Those imposed and enforced by different institutions or autonomous bodies
like Universities, airline companies etc they are called “Autonomic law”
• 4. Those imposed upon States by the society of States are called “
International law”
50. 2.Physical or scientific law
• Physical laws are the expressions of the
• 1. Uniformities of nature and General Principles Expressing the
• 2. Regularity, and
• 3. Harmony observable in the activities and operations of the universe.
• They are not the creation of men and cannot be changed by them. Human laws
change from time to time and from country to country but physical laws are
invariable forever. The uniform actions of human beings, such as law of psychology,
also fall into this class they express not what man ought to do, but what they do.
51. 3. Practical or Technical law:- It consists of Principles and rules for the
attainment of certain ends e.g. laws of health, laws of architecture. These rules
guide us as to what we ought to do in order to attain certain ends.
4. Natural or Moral law:- It has various other names such as, “the Moral law”
“Divine law” “God Law” ‘universal or eternal law and “law of reason” etc. “by
natural law is meant the principles of natural right and wrong (the Principles of
natural Justice)”. Natural laws have been called
52. • Divine law:- commands of God imposed upon men.
• Law of Reason i.e. being established by that reason by which the world is
Governed.
• Unwritten law:- (as being written not an brazen tables or a pillar of stone but by
the finger of nature in the hearts of people. universal or common law (being of
universal validity)
• Eternal law (being uncreated and invariable)
• Moral law (being the expression of the Principles of morality)
53. It is the body of rules agreed upon and followed by the concerned
parties to regulate their mutual conduct. It is form of special law and
law for the parties which can be made valid or enforced through an
agreement. A Good example of the conventional law is the
International law, laws of cricket or any other game, rules of club. It has
been father divided into two groups which are:-
1. Rules enforced by the parties themselves but not recognized by the
State e.g. the rules of hokey
2. Rules which are recognized and enforced by the State, e.g.
contract/Treaties/laws etc.
5. Conventional law:-
54. Conventional laws in Pakistan refer to the formal legal framework established
by legislation and the constitution. Here are some examples:
1.The Constitution of Pakistan: The supreme law of the land, which
outlines the structure of government, fundamental rights, and the duties of
citizens.
2.Pakistan Penal Code (PPC): This code defines various criminal offenses
and penalties. It covers a range of crimes, from theft and assault to murder.
3.Code of Criminal Procedure (CrPC): This law outlines the procedures for
the investigation and prosecution of criminal offenses, including the rights of
the accused.
4.Code of Civil Procedure (CPC): This governs the process of civil
litigation, including the procedures for filing lawsuits, court processes, and
appeals.
55. 5.Family Laws Ordinance, 1961: This law regulates matters related to
marriage, divorce, maintenance, and inheritance, particularly among
Muslims, providing specific guidelines on these issues.
6.The Contract Act, 1872: This governs the formation and enforcement
of contracts, establishing the principles of contract law in Pakistan.
7.The Companies Act, 2017: This law regulates corporate entities,
outlining the formation, management, and dissolution of companies.
8.The Labor Laws: Various laws, such as the Industrial Relations
Ordinance, 1969, and the Factories Act, 1934, regulate labor rights,
workplace conditions, and employer-employee relationships.
56. Customary laws are those rules of custom that are habitually followed by
the majority of the persons subject to them in the belief of binding
nature.
(Customary law refers to the unwritten laws and customs that are passed
down from generation to generation through the cultural practices of a
particular community. Customary law is an important source of law in
Pakistan, especially in the rural areas where it coexists with statutory law).
According to Salmond, customary law means “any rules of action which
is actually observed by men (any rule which is the expression of some
actual uniformity of voluntary action) “when a custom is firmly
established it is enforced by the authority of the State.
6. Customary law:-
57. Custom is not law by itself but an important source of law only those
customs acquired the force of law, which are recognized by the courts.
Customary law in Pakistan refers to the practices and traditions that are
recognized as binding in specific communities, often supplementing or
even superseding formal legal codes in certain areas. Here are a few
examples:
Tribal Customs: In regions like Khyber Pakhtunkhwa and Balochistan,
tribal customs play a significant role in governance. For instance, the
Pashtunwali code, a set of traditional rules guiding Pashtun behavior,
emphasizes values like hospitality, honor, and revenge.
58. Marriage and Inheritance: Customary practices often govern marriage
arrangements and inheritance, particularly in rural areas. For example,
some communities follow the practice of "bride price" (dower) instead of
formal dowries.
Dispute Resolution: Many rural areas prefer local councils (jirgas) to
resolve disputes rather than going to court. These councils operate based
on local customs and can impose penalties that may not align with formal
law.
Land Tenure Systems: Customary land tenure practices determine land
ownership and usage rights, particularly among agrarian communities.
Land is often inherited through family lines based on traditional
agreements rather than legal titles.
59. According to “Hughes” international law is the body of Principles and rules
which civilized States consider as binding upon them in their mutual relations.
“ it can be as the name for the body of customary and conventional rules,
which are considered legally binding by civilized States in their intercourse
with each other”. According to Salmond it is considered of these rules which
the sovereign States have agreed to observe in their dealings with one another.
International agreements are of two types:
They are either expressed or implied.
Express agreements are contained in treaties and conventions, while implied
agreements are to be found in the custom or practice of the States.
7. International law:-
60. International law is of two kinds: I: Public International law: It prevails
universally all over the world. II: Private International Law: It is enforced
only between some of States.
Public International Law: Public international law governs the
relationships between states and international entities. It includes
treaties, conventions, and customary international law. Key areas include:
Human Rights: Protecting individual rights on an international scale.
International Humanitarian Law: Regulating conduct during armed
conflict.
International Trade Law: Governing trade relations between countries.
Environmental Law: Addressing trans-boundary environmental issues.
61. Private International Law: Private international law, also known as
conflict of laws, deals with disputes involving private individuals or
entities that cross national borders. It determines which jurisdiction's
laws apply and how cases should be handled. Key areas include:
Contracts: Determining which country’s laws govern international
agreements.
Family Law: Resolving issues like marriage, divorce, and custody
across jurisdictions.
Torts: Addressing civil wrongs that occur across borders.
62. 8. Civil Law
It is the law of the States regarding the land “Civil Law”
according to the Salmond , is “the law of State of or the law
of the land, the law of lawyers and the law of the courts”.
Civil law is the positive law, or law of the land which means
the law as it exists. It is backed by the force and might of the
State for purposes of enforcement. Civil law differs from
special law as the latter applies only in special circumstances
the other term is used for the civil law is Municipal Law and
national law.
63. The classification of law refers to the systematic categorization of legal
rules and principles into different types or branches. This helps in
understanding the nature and function of laws in society.
Etymological (origin and history) meaning of classification is “the
process of putting something into category” or the basic cognative
process of arranging into classes or categories. For a proper and logical
understanding of law its classification becomes necessary. As it
elucidates the way of systematic logical structure of the legal order. It
explicates the inter relation of rules and their effect to each other. It
analysis the law that intern is helpful in codification of laws it is an
arrangement of rules in a concise and systematic way.
CLASSIFICATION OF LAW
64. Notion of classification is very old. Classification was first made by
Roman Jurists. The ancient Hindu Jurists also laid down eighteen titles
or heads of civil law. The distinguished civil and criminal law and
classified crime law under various heads.
There are two limitations in classification of law
first; any classification will have only a relative value and no universal
principle or rules can be laid down for it. With the onward march of
time, old rule changed their nature and the field of application and new
rules based on different Principles come into existence. Therefore, a
new classification becomes necessary. Roman Jurist analyzed law in old
times but that classification is Vague to present world.
Original and Meaning of the Classification of Law
65. Second, any classification made keeping in view the law of a Particular
community or nation is not applicable to the law of any other
Community or nation.
For Example; if one commits a breach of promise to marry, in English
law, it falls under contract, but in French law it falls under delict
(wrongful act or an offense).
So, it’s not possible to discuss the classifications given by various Jurists,
only a General Classification shall be given which has been adopted by
most of Jurists of the modern times.
3. Classification of Law
(1) International Law, and
(2) Municipal or National law
66. International law:- The Present form of international law is of recent
origin some earlier Jurist were of the view that the international law is
not law as it lacked many elements which law should have. Austin and
his supporters were of this view. Some says international law is law and
it is superior to the municipal law Kelson supports this view.
What is International Law?
The legal Process that concerns legal relations among nations is called
international law. Belief and experience some form international law
dates from at least the days of the Roman Empire.
The united nation is are of the Primary mechanism that articulate and
create international law.
67. The major sources of international law are multilateral Treaties, international
custom and such General Principles as are recognized by civilized nations.
According to some Jurists international law may be divided into two classes.
(1) Public international law, and
(2) Private international law
(1) Public international law is that body of rules which govern the conduct
and relations of States with other, really speaking; the term international law
is used for this class of law.
(2) Private international law means those rules and Principles according to
which the cases having foreign element are decided for example, if a contract
is made between an Indian and Pakistani and it is to be performed the rule
and Principles on which the rights and liabilities of the Parties would be
determined would be called Private international law.
68. This class of law is called “Conflict of laws” also. After knowing the field of
application of this class of law, it is clear that the adjective “international” is
wrongly given to it because it applies to individuals and not to States and
these rules and Principles (called Private international law) vary from State to
State and thus lacked uniformity. This class of law is enforced by municipal
courts which administer municipal law and not international law, so, such a
law does not process the characteristics of international law. In modern times
this class of law has gained much importance and every States has made rules
for its administration. Therefore, it must be properly classified. It is submitted
that it should be given the name “Conflict of Laws” and not private
international law and should be treated as a branch of municipal Private law
and should be classified as such.
69. 4. The Municipal law, Law of land, Civil law, or law
applied within a State is divided into two classes:-
• (A) PUBLIC LAW
• (B) PRIVATE LAW
• A) PUBLIC LAW:- The State activities are largely regulated by Public law. It
determines and regulates the organization and functioning of the State and
determines the relation of the State with the subject. public law may be divided into
three classes:-
• (A) Constitutional law
• (B) Administrative law and
• (C) Criminal law
70. (A) Constitutional law: By constitutional law is meant that law which
determines the nature of the State and the Structure of the Government.
It is above and superior to the Ordinary law of the land. Constitutional
law is the basic law or fundamental law of the State. The constitutional
law may be written as in pakistan or unwritten as in England. In modern
times there is tendency to adopt written constitution.
(B) Administrative Law:- Administrative law deals with the structures
powers and the functions of organs of the administration, the limits of
their Powers, the methods and Procedures followed by them in exercising
their powers and functions; the methods by which there power are
controlled including the legal remedies available to a person against them
when his rights are infringed by their operation.
71. (C) Criminal law:- Criminal law defines offences and prescribes
punishment for them. Its aim is the prevention of and punishment for
offences. Criminal law is necessary for the maintenance of order and
peace within the State. In civilized societies crime is considered to be
wrong not only against the individual (who has been wronged) but a
wrong against the society. Therefore, the State initiates the proceedings
against the offender, and thus it is always a party in criminal cases. This is
why the criminal law is considered as a branch of public law.
72. (B) PRIVATE LAW: - This branch of law regulates and governs the
relations of citizens with each other. The parties in such cases are private
individuals and the State through its judicial organ adjudicates the
matters in dispute between them. In these cases the State takes the
position of only an arbiter. But it does not mean that the State regulates
all the conducts and relations of the citizens but regulates only such of
them as are of public importance and these relations (which State
regulates) constitute the civil rights of the citizens. The major part of
municipal law consists of this branch of law but in Totalitarian States the
public law regulates the major part of the social life.
73. • In the Classification of private law there is great difficulty. Different Jurists have
given different classification, a very General classification is as follows:-
• 1. The law of Persons
• 2. The law of Property
• 3. The law of obligations
• 4. The conflict of laws
• The law of obligations is divided into three classes.
• (i) Contract (ii)Quasi contract, and (iii) Tort
• The classification is only substantive law. The procedural law and Evidence are also
the branches of the Private law.
75. TERRITORIAL NATURE OF LAW
Law is territorial in nature, Generally a particular system of law belongs to a
defined territory and it applies to all persons and things within that territory. It
means that the laws of a particular State are not applicable to persons, things, acts,
and events beyond that territory. The followers of monistic theory of law like
Austin lay stress on the territorial nature of law. However there are also certain
laws, whose nature are not territorial
Definition:- “Territorial nature of law is merely the recognition by individual State
to assert their supremacy over their territories”.
Explanation: As one sovereign State cannot legislate for the territories of another
sovereign State, its legislation must generally be confined in its operation to the
territorial limits of the state alone and its system of law should be confined in its
application to persons, things, acts and events within a defined territory. Thus,
generally, law is territorial in its nature.
76. Jurisdiction Of A State According To The
Territorial Nature Of Law
• A state has Jurisdiction over all its persons and thing. Such
persons may be natural born subjects or naturalized subjects or
domiciled alien. Its jurisdiction also extends over its ownership in
its territorial waters and ports and all acts committed over them.
• Example: Criminal law of England normally extends to all
offences committed in England and not outside its territory.
However, there are certain exceptions to it.
77. 1. International treaties and Law making:- Different states conclude
treaties with each whereby they agree to recognize the laws promulgated
by the other, making the law independent of territory.
Example :- The best know example in this regard is extradition.
Extradition, means handing over of a runaway criminal of one state, by
another state.
2. Floating Islands: Public vessels of any State were to be assimilated
with the territory of that State while on the high seas. ‘Men-of-war and
other public vessels on the high seas as well as in foreign territorial
waters are essentially in every point treated as though they were floating
parts of their home state.
Exceptions To The Territorial Nature Of Law :
78. 3. Jurisdiction of English Court: English Courts apply English law
though committed elsewhere than in England. This extraterritorial
jurisdiction extends to crimes such as piracy, treason, murder or bigamy,
committed by British subject in any part of the world.
4. Conflict of Law: There is another exception is the territorial nature
of law, that is conflict of law found in every system of law. Example :-
If two persons makes a contract in France and one of them sues on it
in an England Court the issue will be decided by England court by
applying French Law to meet the ends of justice. (Penn Vs Baltimore)
79. 5. State Law is not applicable to all persons living in a State:- Civil
law of the state sometimes does not apply to all persons living in the
state. Example: The Ambassadors/Diplomats of foreign countries have
some special privileges and are generally immune from the process of
Civil Law (law of the land). Remedy to the territorial nature of Law :
(a): In Case of Crimes: The remedy lies in the practice of extradition.
The states conclude treaties with each by which each agrees to surrender
to the other state persons found in its territory who are wanted for crimes
committed in the territory of the party to the treaty.
(b): In Civil Cases: Extradition is not practiced in civil cases. However
each country gives a remedy in its own courts for civil wrongs wherever
they may be committed.
80. Extra-territorial Operation Of Law: A law is said to have
extra territorial operation when it operates also outside the
limits of the territory within it is enacted.
Conclusion : In short, territory, is not a logically necessary
part of the idea of law, a system of law is conceivable the
application of which is limited and determined not by
reference to territorial considerations but by reference to the
personal qualifications of the individuals over whom
jurisdiction is exercised, qualifications such as nationality, race,
or religion.
81. • Fundamental Lawyering Skills
• Skill §1: Problem Solving
• In order to develop and evaluate strategies for solving a problem or accomplishing
an objective, a lawyer should be familiar with the skills and concepts involved in:
• 1.1 Identifying and Diagnosing the Problem;
• 1.2 Generating Alternative Solutions and Strategies;
• 1.3 Developing a Plan of Action;
• 1.4 Implementing the Plan;
• 1.5 Keeping the Planning Process Open to New Information and New Ideas.
82. • Skill §2: Legal Analysis and ReasoningIn order to analyze and apply
legal rules and principles, a lawyer should be familiar with the skills
and concepts involved in:
• 2.1 Identifying and Formulating Legal Issues;
• 2.2 Formulating Relevant Legal Theories;
• 2.3 Elaborating Legal Theory;
• 2.4 Evaluating Legal Theory;
• 2.5 Criticizing and Synthesizing Legal Argumentation,
83. • Skills3: Legal Research
• In order to identify legal issues and to research them thoroughly and efficiently, a
lawyer should have
• 3.1 Knowledge of the Nature of Legal Rules and Institutions,
• 3.2 Knowledge of and Ability to Use the Most Fundamental Tools of Legal
Research;
• 3.3 Understanding of the Process of Devising and Implementing a Coherent and
Effective Research Design.
84. • Skill§4: Factual Investigation
• In order to plan, direct, and (where applicable) participate in factual investigation, a
lawyer should be familiar with the skills and concepts involved in:
• 4.1 Determining the Need for Factual Investigation;
• 4.2 Planning a Factual Investigation;
• 4.3 Implementing the Investigative Strategy,
• 4.4 Memorializing and Organizing Information in an Accessible Form;
• 4.5 Deciding Whether to Conclude the Process of Fact- Gathering,
• 4.6 Evaluating the Information That Has Been Gathered.
85. • Skill §5: Communication
• In order to communicate effectively, whether orally or in writ ing, a lawyer
should be familiar with the skills and concepts involved in:
• 5.1 Assessing the Perspective of the Recipient of the Communication;
• 5.2 Using Effective Methods of Communication.
86. • Skill §6: Counseling
• In order to counsel clients about decisions or courses of action, a lawyer should be
familiar with the skills and concepts involved in:
• 6.1 Establishing a Counseling Relationship That Respects the Nature and Bounds of
a Lawyer's Role;
• 6.2 Gathering Information Relevant to the Decision to Be Made;
• 6.3 Analyzing the Decision to Be Made;
• 6.4 Counseling the Client About the Decision to Be Made;
• 6.5 Ascertaining and Implementing the Client's Decision.
87. • Skill§7:Negotiation
• In order to negotiate in either a dispute-resolution or transactional context, a lawyer
should be familiar with the skills and concepts involved in:
• 7.1 Preparing for Negotiation;
• 7.2 Conducting a Negotiation Session,
• 7.3 Counseling the Client About the Terms Obtained From the Other Side in the
Negotiation and Implementing the Client's Decision.
88. • Skill §8: Litigation and Alternative Dispute-Resolution Procedures
• In order to employ-or to advise a client about-the options of litigation and
alternative dispute resolution, a lawyer should understand the potential functions and
consequences of these processes and should have a working knowledge of the
fundamentals of
• 8.1 Litigation at the Trial-Court Level,
• 8.2 Litigation at the Appellate Level;
• 8.3 Advocacy in Administrative and Executive Forums,
• 8.4 Proceedings in Other Dispute-Resolution Forums.
89. • Skill §9: Organization and Management of Legal Work
• In order to practice effectively, a lawyer should be familiar with the skills and
concepts required for efficient management, including:
• 9.1 Formulating Goals and Principles for Effective Practice Management;
• 9.2 Developing Systems and Procedures to Ensure that Time, Effort, and Resources
Are Allocated Efficiently;
• 9.3 Developing Systems and Procedures to Ensure that Work is Performed and
Completed at the Appropriate Time,
• 9.4 Developing Systems and Procedures for Effectively Working with Other People;
• 9.5 Developing Systems and Procedures for Efficiently Ad- ministering a Law
Office.
90. • Skill §10: Recognizing and Resolving Ethical Dilemmas
• In order to represent a client consistently with applicable ethical standards, a
lawyer should be familiar with:
• 10.1 The Nature and Sources of Ethical Standards;
• 10.2 The Means by Which Ethical Standards are Enforced;
• 10.3 The Processes for Recognizing and Resolving Ethical Dilemmas.
91. • Fundamental Values of the Profession
• Value§1: Provision of Competent Representation
• As a member of a profession dedicated to the service of clients, a lawyer should be
committed to the values of:
• 1.1 Attaining a Level of Competence in One's Own Field of Practice;
• 1.2 Maintaining a Level of Competence in One's Own Field of Practice;
• 1.3 Representing Clients in a Competent Manner.
92. • Value §2: Striving to Promote Justice, Fairness, and Morality
• As a member of a profession that bears special responsibilities for the quality
of justice, a lawyer should be committed to the values of
• 2.1 Promoting Justice, Fairness, and Morality in One's Own Daily Practice;
• 2.2 Contributing to the Profession's Fulfillment of its Responsibility to
Ensure that Adequate Legal Services Are Provided to Those Who Cannot
Afford to Pay for Them,
• 2.3 Contributing to the Profession's Fulfillment of its Responsibility to
Enhance the Capacity of Law and Legal Institutions to Do Justice.
93. • Value §3: Striving to Improve the Profession
• As a member of a self-governing profession, a lawyer should be committed
to the values of:
• 3.1 Participating in Activities Designed to Improve the Profession;
• 3.2 Assisting in the Training and Preparation of New Lawyers;
• 3.3 Striving to Rid the Profession of Bias Based on Race, Religion, Ethnic
Origin, Gender, Sexual Orientation, or Disability, and to Rectify the Effects
of These Biases.
94. • Value§4. Professional Self-Development
• As a member of a learned profession, a lawyer should be com- mitted to the
values of:
• 4.1 Seeking Out and Taking Advantage of Opportunities to Increase His or
Her Knowledge and Improve His or Her Skills;
• 4.2 Selecting and Maintaining Employment That Will Allow the Lawyer to
Develop As a Professional and to Pursue His or Her Professional and
Personal Goals.
