L&E.ppt

L&E.ppt
 Austin
 Law is the command of the Supreme ruler.
 It is enforceable by a sanction(a punishment given when
someone does not obey a rule or a law:)
 Roscoe Pound
 Law is a social institution to satisfy social wants
 Salmond
 Law is a body of principles recognized and applied by the State in
the administration of justice
 Moulton
 Law is the crystallized common sense of the community
 Law is a set of rules that are created and are enforceable by social
or governmental institutions to regulate behavior.
 a rule defining correct procedure or behaviour in a sport.
 A rule of conduct or action that a nation or a group of people agrees
to follow.
 In the words of Salmond,” Law is the body of principles recognized
and applied by the state in the administration of justice.”
 Law is not static.
 laws are changed to fit the requirements of the society.
 • Law prevailing in a society at any point of time must be in
conformity with – -the general sentiments - customs and -aspirations
of its people.
 • It is a real phenomenon having a real existence in relation to the
facts of human affairs
 Maintenance of law and order
 Enables individuals to have the maximum freedom to assert
themselves
 Maximum satisfaction of the needs of the people
 Object of law is justice
 Justice operates at two different levels
 Distributive justice serves to secure balance among the members of
a community
 Corrective justice serves to correct the dis-equilibrium created by a
wrongful act
 The classification of law is important for the correct and comprehensive
(Broader Way ) understanding of the law.
Following of Benefits of classifying law:
 i. Useful in understanding the inter-relation of rules (Interlinked Laws ).
(Interdependent each other )
 ii. Useful in the systematic arrangements of rules. (Like Administrative
law, criminal law, private laws, religion laws )
 iii. Useful for the profession and students of law.(Corporate and
administrative laws )
Classification..
L&E.ppt
 This is the same scenario that was from previous decades like in
ancient periods.
But Civil and criminal laws bifurcation now it modern age it is now a
bit changed.
 International law – Law of Nations
International law is very important branch of law.
Many jurist do not give importance to this branch during medival
period.
In resent years it is very important we can not ignore this because of
globization.
 Public International Law –
 This branch of law relates to the Body of rules and regulations governing the
conduct and relations of nations with each other or between the nations.
 Countries mutually recognise these sets of rules which are binding on them in
their transactions on a reciprocal basis.
 Private International Law – Private international law is that part of law of
the State, which deals with cases having a foreign element.
 Private international law relates to the rights of private citizens of different
countries. (USA VISA )
 What benefits you are getting after visa in any other country.
 Marriages and adoption of individuals belonging to different nations fall
within its domain.
 ii. Municipal Law
 Municipal laws are basically domestic or national laws.
 They regulate the relationship between the State and its citizen and
determines the relationship among its citizens.
 Municipal law can be further classified into two segments:
 Municipal Law – Law of the land
 Public Law – determines and regulates the organisation and
functioning of the State and determines the relation of the State.
 Law from parliament and will be applicable to citizens.
 Private Law – regulates and governs the relation of citizens with one
another.
 This branch of law defines, regulates, governs and enforces
relationships between individuals and associations and corporations.
 In other words, this branch of law deals with the definition, regulation
and enforcement of mutual rights and duties of individuals.
 Public Law
 Important Branches
 Constitutional Law – includes all rules which directly or indirectly
affect the exercise of Sovereign (Supreme law)power of the State
 Administrative Law – determines the organisation, powers and
duties of administrative authorities
 Criminal Law – defines offences and prescribes punishments for
them
 Local Law – Law of a particular locality
 Foreign Law – Law of a foreign country
 Martial Law – Law applicable to soldiers as well as civilians
in times of war.
 Military Law – applicable to soldiers alone
 State is a people organised for law within a definite territory
 Population – No State without people
 Territory – People settling down on some definite territory
constitute a State
 Government – It is the machinery through which the
administration of a country is carried on. It is outward
manifestation of the State
 Sovereignty – It is that which is absolute and uncontrolled within
its own sphere
 Private Law
 Personal Laws
 Law of Property
 Legislation – Making of law by the formal and express
declaration of new rules by some authority in the body
politic which is recognised as adequate for that
purpose
 Precedent - Making of law by the recognition and
application of new rules by courts themselves in the
administration of justice
 Customary Law – Constituted by customs which fulfil
the requirements laid down by law as the condition for
their recognition as obligatory rules of conduct
 Conventional Law - It is that which is constituted by
agreement having the force of special law inter partes
 Primary
 War and administration of justice (Defence against external
enemy and maintenance of law and order within the country)
 Secondary
 Legislation and Taxation (necessary for the welfare of the
citizens)
 The relation between State and Law is very close and
intimate
 The State manifests itself through law and law has its
importance because it has the sanction of the State
 Intellectual property (IP) refers to creations of the mind, such as
inventions; literary and artistic works; designs; and symbols,
names and images used in commerce.



1 von 23

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L&E.ppt

  • 2.  Austin  Law is the command of the Supreme ruler.  It is enforceable by a sanction(a punishment given when someone does not obey a rule or a law:)  Roscoe Pound  Law is a social institution to satisfy social wants  Salmond  Law is a body of principles recognized and applied by the State in the administration of justice  Moulton  Law is the crystallized common sense of the community
  • 3.  Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior.  a rule defining correct procedure or behaviour in a sport.  A rule of conduct or action that a nation or a group of people agrees to follow.
  • 4.  In the words of Salmond,” Law is the body of principles recognized and applied by the state in the administration of justice.”  Law is not static.  laws are changed to fit the requirements of the society.  • Law prevailing in a society at any point of time must be in conformity with – -the general sentiments - customs and -aspirations of its people.  • It is a real phenomenon having a real existence in relation to the facts of human affairs
  • 5.  Maintenance of law and order  Enables individuals to have the maximum freedom to assert themselves  Maximum satisfaction of the needs of the people
  • 6.  Object of law is justice  Justice operates at two different levels  Distributive justice serves to secure balance among the members of a community  Corrective justice serves to correct the dis-equilibrium created by a wrongful act
  • 7.  The classification of law is important for the correct and comprehensive (Broader Way ) understanding of the law. Following of Benefits of classifying law:  i. Useful in understanding the inter-relation of rules (Interlinked Laws ). (Interdependent each other )  ii. Useful in the systematic arrangements of rules. (Like Administrative law, criminal law, private laws, religion laws )  iii. Useful for the profession and students of law.(Corporate and administrative laws )
  • 10.  This is the same scenario that was from previous decades like in ancient periods. But Civil and criminal laws bifurcation now it modern age it is now a bit changed.  International law – Law of Nations International law is very important branch of law. Many jurist do not give importance to this branch during medival period. In resent years it is very important we can not ignore this because of globization.
  • 11.  Public International Law –  This branch of law relates to the Body of rules and regulations governing the conduct and relations of nations with each other or between the nations.  Countries mutually recognise these sets of rules which are binding on them in their transactions on a reciprocal basis.  Private International Law – Private international law is that part of law of the State, which deals with cases having a foreign element.  Private international law relates to the rights of private citizens of different countries. (USA VISA )  What benefits you are getting after visa in any other country.  Marriages and adoption of individuals belonging to different nations fall within its domain.
  • 12.  ii. Municipal Law  Municipal laws are basically domestic or national laws.  They regulate the relationship between the State and its citizen and determines the relationship among its citizens.  Municipal law can be further classified into two segments:
  • 13.  Municipal Law – Law of the land  Public Law – determines and regulates the organisation and functioning of the State and determines the relation of the State.  Law from parliament and will be applicable to citizens.  Private Law – regulates and governs the relation of citizens with one another.  This branch of law defines, regulates, governs and enforces relationships between individuals and associations and corporations.  In other words, this branch of law deals with the definition, regulation and enforcement of mutual rights and duties of individuals.
  • 14.  Public Law  Important Branches  Constitutional Law – includes all rules which directly or indirectly affect the exercise of Sovereign (Supreme law)power of the State  Administrative Law – determines the organisation, powers and duties of administrative authorities  Criminal Law – defines offences and prescribes punishments for them
  • 15.  Local Law – Law of a particular locality  Foreign Law – Law of a foreign country  Martial Law – Law applicable to soldiers as well as civilians in times of war.  Military Law – applicable to soldiers alone
  • 16.  State is a people organised for law within a definite territory  Population – No State without people  Territory – People settling down on some definite territory constitute a State  Government – It is the machinery through which the administration of a country is carried on. It is outward manifestation of the State  Sovereignty – It is that which is absolute and uncontrolled within its own sphere
  • 17.  Private Law  Personal Laws  Law of Property
  • 18.  Legislation – Making of law by the formal and express declaration of new rules by some authority in the body politic which is recognised as adequate for that purpose  Precedent - Making of law by the recognition and application of new rules by courts themselves in the administration of justice  Customary Law – Constituted by customs which fulfil the requirements laid down by law as the condition for their recognition as obligatory rules of conduct  Conventional Law - It is that which is constituted by agreement having the force of special law inter partes
  • 19.  Primary  War and administration of justice (Defence against external enemy and maintenance of law and order within the country)  Secondary  Legislation and Taxation (necessary for the welfare of the citizens)  The relation between State and Law is very close and intimate  The State manifests itself through law and law has its importance because it has the sanction of the State
  • 20.  Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
  • 21.
  • 22.
  • 23.