Q: Define law and what are the major sources of law?

Subject: Political SciencePaper-1-CSS-PMS

By: Mr. Imran Zahoor
PhD Scholar of IR
WhatsApp: 0321-4800309
Introduction

 The word "law" is derived from the Old English word "lagu," which means
"order"." It has historical roots in various Germanic and Old Norse languages,
and it refers to a system of rules and regulations that govern society and
establish order.
 On this basis Law can be defined as a definite rule of conduct that regulate the
human actions.
 It also means a uniform rule of conduct which is applicable equally to all the
people of the State.
 Law is a definite rule of behavior which is backed by the sovereign power of
the State. It is a general rule of human conduct in society which is made and
enforced by the government.
 Legally, Law is a command of the sovereign.
 In contemporary times laws are made by the representatives of the people
who constitute the legislature of the State.
 Laws are backed by on public opinion and public needs. The purpose of Law
is to provide peace, protection, and security to the people and to ensure
conditions for their all-round development.
 Each Law is a binding and authoritative rule and violation is punished by the
state. Law applies to all people of the state. All are equally subject to the
laws of their State. Foreigners living in the territory of the State are also
bound by the laws of the state.

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.”

By Holland,

“A Law is a general rule of external behavior enforced by a

sovereign political authority.”
 By John Erskine

“Law is the command of a sovereign, containing a common rule of

life for his subjects and obliging them to obedience.”

Origin and Development of Law: A Brief Overview

1-Ancient Civilizations:

Mesopotamia (c. 2100 BCE): The Code of Ur-Nammu is one of the earliest
known legal codes, addressing issues like property, family, and labor.
Hammurabi's Code (c. 1754 BCE): The Babylonian king's code featured laws
for various aspects of life, with the principle of "an eye for an eye."

2-Classical Greece and Rome:

Athenian Law (5th century BCE): In the 6th century BCE, Athenian statesman
Solon introduced significant legal reforms.
His changes (c. 594 BCE) emphasized equality before the law, offering
fairness and representation for citizens, shaping the foundation of
democratic governance in Athens.
Roman Law (c. 450 BCE): Dated to 450 BCE, the Twelve Tables were Rome's
earliest written laws were established by a committee of ten Roman officials
known as the Decemvirs, engraved to ensure transparency.
These tables profoundly influenced Roman legal practices, laying the
groundwork for modern legal systems worldwide.

3-Religious and Medieval Influence:

Judaism: The Torah's Ten Commandments, originating in Judaism, outline

fundamental ethical and moral principles that have profoundly impacted
Western legal and societal frameworks.
Canon Law: The Catholic Church's legal system, known as Canon Law derived
from religious sources, including the Bible, church councils, and traditions,
wielded substantial influence over legal progress in medieval Europe.
 It shaped religious, social, and political aspects, impacting governance
and societal norms.

4-Islamic Jurisprudence:

In the 7th century CE, Sharia emerged as Islamic law, drawing from the Quran
and Hadith. Schools of thought like Hanafi, Hanbli, Malaki and Shafi'i provided
interpretive frameworks. It's a dynamic legal system shaping laws of Muslim
societies worldwide.

5-Common Law and Civil Law Traditions:

England (12th century): Common law evolved as a legal system through

judicial decisions in English royal courts, starting around the 12th century.
These decisions established legal examples, guiding future cases.
Notable figures like King Henry II contributed to shaping this evolving
body of law.

Napoleonic Code (1804): The Napoleonic Code, introduced in 1804 under

Napoleon Bonaparte's rule, revolutionized continental Europe's legal
landscape.
This civil law code emphasized systematic legal codification, influencing
over 150 authorities worldwide with its structured approach to legal
principles.

6-Modern Legal Systems:

United States (18th century): The United States' constitution-based legal

system, established in 1787, features checks and balances among branches
of government, safeguarded by the Bill of Rights.
Evolving case law, shaped by figures like Chief Justice John Marshall,
interprets the constitution's principles to adapt to changing times.
Human Rights (20th century): Universal Declaration of Human Rights (1948)
influenced global legal standards.

7-Contemporary Globalization:
International Law: Addresses relations between nations, treaties, and
institutions like the United Nations.

8-Digital Era and Beyond:

Cyber Law: Emerging field dealing with legal aspects of digital activities, e-
commerce, and data protection.
The development of law has been shaped by diverse cultures, religious beliefs,
and societal needs, resulting in a rich tapestry of legal traditions across history.

Meaning of Sources of Law

The term "Sources of law" means the origin from which rules of human conduct came
into existence. The term has been used in different senses by different writers and
different views have been expressed from time to time.

According to C. K. Allen
"Agencies through which the rules of conduct acquire the character of law by
becoming definite, uniform and compulsory".

According to Keeton
“Source means the material, out of which is eventually fashioned, through the
activity of judges".

Oppenheim defines source of law as

"The name for a historical fact out of which the rules of conduct came into
existence and acquire legal force".

Prime Sources of Law

 Customs: These are believed to be one of the most important sources of law.
 In earlier times people used to follow certain customs which were accepted by
all and which served as a fair, equal and just too all individuals.
o Different social institution borrowed these customs. Who went against
the will of custom would face punishment.
o Later these customs took a new turn and formulated as an organized
political institution having converted all the customs into law.
 People started to believe these customs are best for them, therefore, they are
believed to be the best source of law.
 o In India, traditional customs related to family and marriage influenced
the Hindu Marriage Act and other family laws.
o In the United Kingdom, common law principles evolved from historical
customs and judicial decisions.
o In Papua New Guinea, traditional dispute resolution mechanisms have
been incorporated into the formal legal system.
o In Pakistan, traditional jirgas (local councils) for dispute resolution have
been formalized into Alternative Dispute Resolution (ADR) mechanisms
recognized by the legal system.
By: Mr. Imran Zahoor
PhD Scholar of IR
Contact for More CSS-PMS Material
WhatsApp: 0321-4800309

 Religion and Morality: Each religion has its own set of rules and regulation
which helps people be a good human. In past when there was no organized
institution of law so the religion played its role.
o Religion was followed and whoever violated it suffered punishment
according to their religion.
o People had in mind that if they did anything wrong God will punish them
and put them in hellfire and if they did well they will enjoy in heaven.
 But with the improvement and human civilization people started to put aside
religion and began to go freely. Therefore some religious rules turned into
properly organized law.
o Sharia principles, such as prohibition of alcohol, influence laws in
countries like Saudi Arabia, Pakistan and Iran.
o In China, Confucian teachings emphasizing respect for elders have
influenced family-oriented laws.
o The concept of human dignity rooted in Christianity is enshrined in the
German Basic Law.
o Orthodox Christian traditions impact laws on marriage, family, and
religious holidays in Greece.

 Legislation: In older days customs or rulers acted as the main source of

lawmaking.
o But the later government took place and in government, we have a body
which is said to legislation which now acts as a main source of law.
o Legislation converts all customs to guide people’s behavior.
 Every state has its own legislative body which serves as a source and got the
identity of the Legal sovereign from ruler to the legislation.
o Civil Rights Act of 1964 (USA): Prohibits discrimination based on race,
color, religion, sex, or national origin in public spaces and employment.
o Human Rights Act 1998 (UK): Incorporates the European Convention on
Human Rights into UK law, safeguarding fundamental rights and
freedoms.
o Basic Law for the Federal Republic of Germany: Establishes principles
of democracy, human rights, and federal structure as the constitution of
Germany.
o One Child Policy (China, modified): Formerly restricted family size, now
modified to allow two children, influencing population dynamics.
o Loi Evin (France): Regulates alcohol advertising, sales, and consumption
to mitigate alcohol-related health issues.
o Australian Marriage Act 1961: Defines marriage as between a man and
a woman, though amended in 2017 to include same-sex marriages.
o

 Delegated Legislation: Refer to the process where the authority to create

specific laws or regulations is granted to bodies or individuals by the main
legislature.
o These delegated authorities can make detailed rules under the parent law.
o The main legislature passes law that delegate’s authority to create
detailed rules.
 Due to less time, fewer people with professional skills and quick need of laws
to exercise the state gave rise to the delegation of legislation.
 To make laws as quickly as possible as it cannot rely on one specific
legislation. So the power to make law was divided into different executives for
fast and smooth lawmaking process. Now it serves as a giant source of law.
o Drug Regulatory Authority of Pakistan (DRAP) Rules: These rules
provide guidelines for the registration, pricing, and quality control of
pharmaceutical products in Pakistan.
o Income Tax Rules, 2002: Delegated legislation is used to detail the
procedures for filing income tax returns, determining tax liability, and
availing exemptions.
o In U.K, the Smoke-Free Regulations 2006, which set out the rules for
smoke-free areas and exemptions, were passed through delegated
legislation.
 Judicial Decisions: The judicial decision means the decision made by the court
in accordance to looking after the cases and interprets which law should be
applied where.
 There are certain situations when judicial decisions also become laws for
future and that is why have to be considered as a source of law. Decisions
made my main courts which are recognized as apex court can only be used
as proper law.
 Brown v. Board of Education (1954): Overturned Plessy v. Ferguson,
declaring segregation unconstitutional, catalyzing the civil rights movement
for racial equality.
o Roe v. Wade (1973): U.S. Supreme Court case legalized abortion,
shaping reproductive rights and privacy debates globally.
o Maneka Gandhi v. Union of India (1978): This case expanded the scope
of personal liberty under Article 21 of the Indian Constitution,
emphasizing due process and fundamental rights.
o Vishaka v. State of Rajasthan (1997): The Supreme Court's guidelines
addressed sexual harassment in workplaces, creating a framework for
protection of women's rights at work.

 Equity: Refer to the principles of fairness and justice that guide legal
decisions in cases where law doesn’t exist in a real sense.
o It's a supplementary source of law where judges, using their choice and
moral sense, ensure that the outcome is just and equitable.
o When standard laws don't fit unique situations, equity steps in to find
fair solutions.
o Parental Custody Disputes: In a custody case, the court decides what's
in the best interest of the child, even if it means going beyond strict legal
provisions.
o Brown v. Board of Education (1954): The landmark case declared racial
segregation in public schools unconstitutional, overturning the "separate
but equal" doctrine established in Plessy v. Ferguson.

 Scientific Commentaries:
 Jurists use scientific commentaries to get expert understandings on
laws, making them more effective and relevant.
o Commentaries help laws evolve by addressing their weaknesses
and enhancing their strengths over time.
o Jurists highlight problems in laws and suggest improvements,
making laws more robust and practical.
 o Jurists' opinions in commentaries serve as references when
deciding cases, adding credibility and depth to legal decisions.
o Scientific commentaries provide background and context, helping
jurists make informed decisions based on legal scholarship.
o Traffic Signal Rules: Jurists' comments can help improve traffic
signal rules by suggesting safer ways for pedestrians to cross roads.
o Rent Laws: Jurists' thoughts can help improve laws about renting
homes, ensuring both landlords and tenants are treated fairly.
o Environmental Regulations: Jurists' insights can help make laws
about pollution stronger, so companies can't harm the environment.

Conclusion

Law is an indispensable instrument that governs human behavior and serves as

the ultimate authority in a country. Enshrined in the State's Constitution, it is a
vital element for the smooth functioning of every nation. By defining the
relationship between citizens and the government, as well as safeguarding their
rights, freedoms, and responsibilities, law ensures a just society. Its universal
applicability ensures equality, leaving no one exempt from its reach. Serving as a
shield for all individuals, it fosters harmonious coexistence and shields them from
injustice and wrongdoing. The law's paramount role in society lies in providing a
framework for order, justice, and progress, ensuring a balanced and secure
environment for the development and welfare of all its citizens.

By: Mr. Imran Zahoor

PhD Scholar of IR
Contact for More CSS-PMS Material
WhatsApp: 0321-4800309