what is law.pptx

introduction to law, nomenclature of law, purpose of law, law and justice, policy not part of law, basic of law, behaviours, control, human and government actions, justice, legal justice,

1. WHY STUDY LAW GOVERNMENT ORGAN (LEGISLATURE, EXECUTIVE AND JUDICIARY – NEW ONE IS ADMINISTRATIVE ORGAN) LEGISLATURE – ENACT LAW ( CREATE LAW) EXECUTIVE – ENFORCE LAW ( ENSURE THAT LAW IS FOLLOWED ) JUDICIARY – ADJUDICATE LAW (IN A DISPUTE, COURT INTERPRET LAW. LAW IS ABOVE ALL AND EVERYONE IS UNDER LAW (RULE OF LAW)

2. Three advices Use appropriate definition/MEANING Understand law Avoid sense, common sense and nonsense – use only legal sense first.

3. Appropriate meaning as defined and accepted by law As given in the Act As given in the related Act As given in the general clauses Act As given in any court decisions As defined by any legally recognised jurist Black law dictionary Normal dictionary Google

4. WHAT IS LAW Something that controls the behaviour of people and action of government

5. LAW STUDENT MUST KNOW - LAW predominantly a tool of social engineering (ROSCOE POUND) “Law is a statement of  the circumstances in which public force will be brought to bear upon through courts.” Oliver Wendell Holmes “ A principle or rule of conduct so established as to justify a prediction with reasonable certainty that it will be enforced by the courts if its authority is challenged, is a principle or rule of law.” Benjamin Nathan Cardozo

6. JOHN AUSTIN COMMAND OF THE SOVEREIGN (SIMPLEST BUT MOST COMPLICATED) WHO IS SOVEREIGN? “ If a determinate human superior, not in the habit of obedience to a like superior, receives habitual obedience, from the bulk of a given society, that determinate human superior is sovereign in that society, and that society (including the superior) is a society political and independent .” BHAHUBALLI FILM

7. Law is a jealous mistress Joseph story (US SC judge) Both law and women need frequent companionship If not , they will leave you. As a lawyer, you should be in frequent companionship with updated laws.

8. NOMENCLATURE

9. LAW INCLUDES THE FOLLOWING LEGISLATION, ENACTMENT, STATUTE, ACT CUSTOM/USUAGES/PRACTISES JUDICIAL DECISIONS, PRECEDENTS, COURT MADE LAWS (except ratio decedent and obiter dicta) JURISTIC OPINION RELIGIOUS PRINCIPLES OTHER THAN CUSTOMS AND PRACTISES COMMAND OF THE SOVEREIGN (IN KINGDOMS AND DICTATORSHIP) BY LAWS (PANCHAYATH DECISION) ARTICLE OF ASSOCIATION & MEMORANDUM OF ASSOCIATION CONTRATUAL CLAUSES (ADR CLAUSE OR GOVERNMENT TENDER) GOVERNMENT ORDERS ORDINANCES (ORDER, DECREE OR LAW BY GOVERNMENT WITH OUT THE CONSENT OF LEGISLATURE) REGULATIONS (CONTROL ON LIQUOR AND TOBACCO) RULES AND PROCEDURES

10. WHAT IS NOT INCLUDED IN LAW POLICY POLICY OF A GOVERNMENT IS NOT PART OF LAW – this is because many functions of government are not known to public. Eg :- India space program or military need funds that cannot be challenges based on the hunger, shelter and other human right violations COURT HAS LESS POWER OVER POLICIES

11. CAN A NON STATE ACTOR CREATE LAW YES - CONTRACTUAL CLAUSES (IN A CONTRACT IF ADR IS FIXED AS DISPUTE SETTLEMENT PROCESS. THEN THE COURTS DO NOT HAVE JURISDICTION NON STATE CREATE LAW IN India – ASCI (NON STATUTORY, NON GOVERNMENTAL, INDEPENDENT BODY) – THE CODE OF ASCI IS APPLICABLE IN INDIA AND APPROVED BY SC AS APPLICABLE LAW.

12. LAW AND JUSTICE LAW AND JUSTICE ARE TWO DIFFERENT TERMS LAW CANNOT GUARANTEE JUSTICE VIGILANTIBUS NON DORMEINTIBUS JURA SUBVENIENT – LAW CAN ONLY ASSIST THOSE WHO ARE VIGILANT. IT WILL NOT PROTECT THOSE WHO SLEEP OVER THEIR RIGHT

13. International law Law which regulate the action of a state Why to learn international law? Municipal law may have derived from international law (PUBLIC AND PRIVATE)

14. Indian constitution is an international law Indian constitution has a nature of internation law (treat are primary source of InternationaL law ) treat or text signed by many states 283 states has signed Indian constitution (Princely states ) Unilateral agreement to constitution the territory into a union of those 283 state which now forms part of 28 states and 9 union territories

15. Example – Indian constitution Structure of legal text Indian constitution Part 1 – territory of India Part 2 - citizenship at the time of independence Part 3 etc – sovereign or government Last part – capacity to enter into relationship with other state. ELEMENTS OF STATE – TERRITORY, POPULATION, SOVEREIGN OR GOVERNMENT AND CAPACITY TO ENTER INTO RELATION WITH OTHER STATES

16. FUNDAMENTAL RIGHT FROM UDHR 15 AUG 1947 – INDIA BECAME INDEPENDENT 29 AUG 1947 – DRAFT COMMITTEE FOR INDIAN CONSTITUTION WAS APPOINTED 10 DEC 1948 – UDHR CAME INTO FORCE 26 JAN 1950 – INDIA DECLARED REPUBLIC

17. THANKS BY KANNAN KUNNATHULLY ASSISTANT PROFESSOR