What Is Law , And Importance Of Law ?

What is Law?

The system of rules which a particular country or community recognizes the actions of its members and which it may enforce by the imposition of penalities.

Examples:-

·         When visiting other countries, it is always smart to know and respect the law of the locality that you are staying in.

·         You must be sure to follow every law and regulations when you are running your business so no fines are levied.

According to Austin:- “Law  is the command of the sovereign.”It is the command of the superior to an inferior and force is the sanction behind law.

According to Holland:- “A Law is general rule of external behavior enforced by a sovereign political authority.

Importance of Law

1.      We all know that law is very important in the society.

2.      It is a must in order for a society to be peaceful and problem free.

3.      Law is a man-made therefore it is in you if you will follow it or not.

4.      The law can give protection to the victims and will punish those who have done unlawful actions.

5.      The law acts as a guideline as to what is accepted in society. Without it there would be conflicts between social groups and communities.

6.      The laws of the land are there to protect not only us but our property too.

7.      Law in society lead to the progression of society.

8.      Law allows for the comfort of education to be taught.

9.      It enables technology to grow through the distribution of patents and regulations.

10.  The health service operates under strict laws which helps both the patients and nurse. It provides the nurses and doctors with safe knowledge over the use of certain medical equipment.

11.  Having laws within our community keeps society ordered.

12.  The importance of laws in our society are absolutely key to the safety of our lives.

There are many types of laws for example:- Admiralty(Maritime)Law, Bankruptcy Law, Business Law, Civil Rights Law, Criminal Law, Entertainment Law, Environment Law, Family Law, Health Law, Immigration Law, Intellectual Property Law, International Law, Labor Law, Military Law, Personal Injury Law, Real Estate Law, Tax Law.

Why the law is necessary?

It is important because it serves as a norms of conduct for citizens and residents. It acts as a guidelines for acceptable behavior, and ensures equality within communities and social groups by an outline for the consequences of law violations.

Why are laws made?

As citizens we respect the laws because they are clearly communicated and fairly enforced. Everyone is held accountable to the same laws, and those laws protect our fundamental rights. This is the foundation of the rule of law in the united states.

SOURCES OF LAW

There are 6 sources of law they are as following:-

      i.    CUSTOM

Custom has been oldest source of law. In ancient times, social relations gave rise to several usages, traditions, customs were used to settle and decide disputes among the peoples. Custom were practiced habitually and violation of customs were disapproved and punished by the society. Initially social institutions began working on the basis of several accepted customs. Ingredients of custom are:- Antiquity, Continuous in nature, Obligatory force, Peaceful enjoyment, Certainty, Consistency, Reasonableness.

  ii.   RELIGION AND MORALITY

Religion and religious codes appeared naturally in every society when human beings began observing, enjoying and fearing natural forces. These were accepted as superior heavenly forces and worshiped. The religious and moral codes of a society provided to the state necessary material for regulating the actions of the people.

iii.   LEGISLATION

Since the emergence of legislatures in 13^th century, legislation has emerged as the chief source of law. Legislators who have experience and knowledge in a particular field introduce bills that they think will improve or correct that field. They often copy existing legislation because an idea that works well in one jurisdiction can be useful in another.

·       DELEGATED LEGISLATION

Because of several pressing reasons like paucity of time, lack of expertise and increased demand for law-making, the legislature of a state finds it essential to delegate some of its law-making powers to the executive. The executive then makes laws/ rules under this system. This is known as Delegated legislation.

iv.  JUDICIAL DECISION

Judicial decisions and juristic writings. According to Article 38(1)(d) of its Statute, the ICJ is also to apply "judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law”

    v.  EQUITY

 The term equity refers to a particular set of remedies and associated procedures. These equitable doctrines and procedures are distinguished from "legal" ones. Equitable relief is generally available only when a legal remedy is insufficient or inadequate in some way.

vi.  SCIENTIFIC COMMENTARIES

The works of eminent jurists always include scientific commentaries on the Constitution and the laws of each state. These are used by the courts for determining the meaning of law. It helps the courts to interpret and apply laws. The jurists not only discuss and explain the existing law but also suggest the future possible rules of behavior. They also highlight the weaknesses of the existing laws as well as the ways to overcome these. Interpretations given by them help the judges to interpret and apply Laws to specific cases.

Types of Law:-

Broadly speaking there are two main kinds of Law:

(i) National Law i.e. the body of rules which regulates the actions of the people in society and it is backed by the coercive power of the State.

(ii) International Law i.e. the body of rules which guides and directs the behavior of the states in international relations. It is backed by their willingness and consent that the states obey rules of International Law. It is a law among nations and is not backed by any coercive power.

CONCLUSION:-

This  merely show how important it is to have a system of law in a society to regulate a good relationship with each other, even for those with conflicting interest. This is the only procedure that could ensure that the human rights are respected. If we won’t have laws, our society would not be able to function effectively. Crimes will become an everyday occurrences that children will grow up and will then find it normal, which is not desirable to happen in our future generations, that is why law is very important, it ensures the safety of our future generations.