INDORE INSTITUTE

OF LAW
(Affiliated to D.A.V.V and BCI , New Delhi)
SUBJECT – POLITICAL SCIENCE
W W W. I N D O R E I N S T I T U T E O F L AW. O R G
P R E S E N T E D BY D R . S H E FA L I V E R M A
B.A.L.L.B SEMESTER – I
UNIT - III
 INTRODUCTION OF LAW
Law is the most important feature of the modern state.
Laws, which are commonly known as sets of uniform
principles, operate in all fields of human activity from
science to society.
In political science we are concerned with the laws of the
state. The concept of law is one of the basic concepts in
political theory because the state is human and a legal
association and enjoys monopoly of power.
 INTRODUCTION OF LAW
Human community faces two major organizational
problems. One is regulation of human behavior and to
maintain law and order. Second is to find a common method
of deciding claims and disputes.
The ultimate objective of laws is to secure freedom and
justice for the people. when law limits and regulates human
action in society, it is in fact, safeguarding individual
freedom against encroachment from others. laws must be
obeyed and that are necessary because their absence will
lead to anarchy.
 DEFINITION OF LAW
The Term Law is derived from the word „Lag‟ which means
fixed or Uniform”. It means rules of behavior which will be
uniform for all.
John Austin Says: - “Command of the sovereign is called a
law”. It may be Monarch or Parliament. In that sense state is
sovereign and rules of the state are called a law.
T.E. Holland: - “Law is a general rule of external human
action enforced by a sovereign political authority”.
 FEATURES OF LAW
A Law expresses the will of the state:
Made by the Government: - Government is the authority
which works on behalf of the state. Government has three
organs, Legislature, Executive and judiciary. Legislative organ
of the Government make the laws. Executive organ of the
Government implement and enforce the laws. Judicial organ
of the Government interprets the law and grants
punishment to those who violate the law. Thus a law is
made by the Government and reflects the will of the State
 FEATURES
Law regulates the external conduct and actions of the
people: - Internal thoughts, feeling sentiments can not be
regulated by the laws e.g. gender equality laws can only lay
down how men should behave with women, it con not
regulate what men think about women.
Thus a law can only regulate what members of a society do.
It can not regulate what they think and feel
 FEATURES
Laws are universal: - It means laws are universally applicable to
all. It means the „rules of law‟. A law must apply to all citizens
equally and treat them similarly e.g. equality before the laws
and equal protection of law to all. e.g. the penalty for
committing a narcotic offence - such as carrying prohibited
drugs on one person is the same for all Indians from Bollywood
actor to common man.
Thus laws are universally applicable without any discrimination.
 FEATURES
A law must be constitutionally valid: -
Government makes the laws within the framework of
constitution. Laws are precisely written down.
6. There is a coercive authority behind law: - Violation of law
invites punishment by the state e.g. Police force identify a
violation of the act and judiciary punish the accused. Thus
laws are backed up by a system of coercion and
punishment.
 FEATURES
The supreme purpose of law is welfare of the people.
People give obedience to the law as it has the validity and
sanction of the state.
Laws are compulsory - All individuals and associations are
bound by the law of the state. It is not optional. No one can
be excused for breaking a law on the grounds of ignorance.
Individuals and associations are supposed to know the law
of the state.
 SOURCES OF LAW
Sources of law mean various factors that contribute to
determine the content of law.
A law is made by the Government and expresses the will of
the State. However, a Government does not take decisions
in isolation. There exist various Non-Governmental factors
that influence the creation of law. These factors or sources
are as follows:-
 SOURCES OF LAW
Customs: - It is the first source of law. It came into existence
before the state came into being. Customs are earliest form
of regulation of human society. They were obeyed during
earlier times because of their social utility and later on due
to habit. After the emergence of the state, customs slowly
gave way to laws. The state understood the utilitarian value
of customs. The State initially enforced only the customary
law.
 CUSTOMS
Customs is not a law unless it is recognized by the state. In
England customs form an integral part of the common law.
However the state does not ratify all customs.
Some customs are evil which have to be abolished by law.
E.g. the customs of sati, child marriage, unsociability are
abolished by law.
 RELIGION
Religion: - In the primitive society customs had religious
sanction. Every aspect of life was regulated by religion.
People had faith in religion and therefore followed religious
practices meticulously.
Eventually, religious rules were translated into legal rules
for controlling and regulating human behavior e.g. Hindu
laws are based on the code of manu and the Muslim law on
the Koran
 JUDICIAL DECISIONS
Judicial Decisions: - The primary function of the judges is to
interpret and apply law. While doing so, the judges may
come across the gap in the law. Under such circumstances,
he uses his knowledge and experience and applies the law
to specific cases.
Such judgments can be used as precedents in future. It may
create a new laws. The power of judicial review in the U.S.
and India can become the law making power of the judiciary
 SCIENTIFIC COMMENTARIES
Scientific Commentaries: - There are the writings of eminent
jurists which contain important legal principles. Jurists
collect and compare lot of information.
They study the existing legal systems, find out the
drawbacks in it and suggest measures to reform it.
Lawyers and judges both use the writings of these experts.
When they are accepted by the judge, they become part of
a law.
 EQUITY
Equity:- Use the common sense by the judges. It means
the principle of fairness and justice. When the civil law
becomes rigid and unrealistic, it gives rise to equity.
When the judge finds that justice cannot be achieved with
the help of existing law, he decides the case on the basis of
fairness. By doing this, precedent is set and it becomes the
basis of new law. It is an informal method for making a new
law or improving an old law.
 LEGISLATION
Legislation: - Legislature is the law making body of the
government. Today most of the laws are product of
legislature.
Law making is the primary responsibility of the legislature
e.g. Indian parliament works as a law making body
 ORDINANCE
Ordinance: - To meet an, emergency, the government issue
ordinance. It is issued when the legislature is not in session.
It is as effective as law. Very often, the legislature converts
an ordinance into a law.
 ANALYTICAL VIEW
Austin, Hobbes and Bentham are the chief exponents of this
view. According to them sovereign authority is the only source
of law i.e. the state.
This view is criticized on several grounds It emphasis on a
formal source of law. A part from sovereign authority, there
are other sources of law like custom, religion. Secondly they
neglect the evolutionary character of law. Laws are not made
overnight, several historical forces enter into making of laws.
 HISTORICAL VIEW
This school of thought is opposed to the Analytical view,
According to them customs; religion, traditions are main
sources of law. Useful traditions automatically take the form
of law.
Hence the law is the result of the process of historical
evolution, social development and influences of the past
 SOCIOLOGICAL VIEW
According to them there is a close relationship between law
and society. Law is the product of social forces. The state
does not create law but only imparts legal value to the
existing social rules.
Laws serve the social needs and interest of the society.
People obey law because it promotes social welfare.
 PHILOSOPHICAL AND
COMMUNIST VIEW
The Philosophical View: -
According to them law is a result of culture and is also a
means of enhancing it, their interest lies in securing an ideal
basis for law.
Communist or Marxian View: -
According to them state and its laws protect the interest of
the privileged class. They dominate the state. So people
should change the entire political system.