MODULE - I

LAW, JUSTICE AND PEACEFUL CHANGE

LAW
Meaning of LAW
In general, a rule of being or of conduct, established by an authority able to enforce its will; a
controlling regulation; the mode or order according to which an agent or a power acts.

Collectively, the whole body of rules relating to one subject, or emanating from one source; --
including usually the writings pertaining to them, and judicial proceedings under them; as, divine
law; English law; Roman law; the law of real property; insurance law.
To ascertain the true nature of Law one should go to the Courts & not to the Legislature

CHARACTERSTICS OF LAW
Law Presupposes State
State makes or Authorizes to make, Recognizes or sanctions rules which are called
Law.
Rules to be effective, sanctions are behind them.
Rules (Called Law) are made to serve some purpose i.e., a Social Purpose or some
Personal ends of a despot.
FUNCTIONS OF LAW- Justice, Stability and Peaceful Change
(a) Law as preservation of order-public order law, criminal law
(b) Law as platform for human co-operation-law of contract
(c) Law as medium of dispute resolution-law of tort
(d) Law as tool of domination-counter-revolutionary offences
(e) Law as mechanism for social engineering-land registration
(f) Law as bulwark of morality-decriminalizing homosexual acts between consenting
adults
(g) Law as regulation of governmental powers-constitutional law, administrative law
(h) Law as protection of individual freedom-bill of rights, anti-discrimination legislation
(i) Law as attainment of justice-rules of natural justice, bill of rights, social security law
(j) maintains social control
(k) protects public order
(l) to resolve disputes
(m) protects certainty & durability of systems
(n) facilitates orderly change
(o) brings out justice in society
(p) maintains social control
(q) protects public order
(r) to resolve disputes
(s) protect certainty & durability of systems
(t) facilitates orderly change
(u) brings out justice in society
(v) outlines what the government can do and what it can not do
Limits of Law
(a) What law could not achieve-e.g. love
(b) What law should not interfere with-private life
(c) Law may not be the best option
OTHER PURPOSE
Uniformity
Impartiality
Rule of Law
Stability and Securing Social Order


SCHOOLS OF LAW



CLASSIFICATION OF LAWS
Public and private law
Substantive and Procedural Law
Municipal and International Law
35
Classification
of Law
International
Law
Municipal
Law or
National
Law
Public
International
Law
Private
International
Law
Public Law Private Law
Constitutional
Law
Administrative
Law
Criminal
Law
Law of
Property
Law of
Obligations
Law of
Contract
Quasi -
Contract
Law of Tort
Substantive
Law
Procedural
Law


Public and private law
public law deals with issues that affect the general public or state - society as a whole. Some of
the laws that its wide scope covers are:
Administrative law - laws that govern government agencies, like the Department of
Education and the Equal Employment Opportunity Commission
Constitutional laws are laws that protect citizens' rights as afforded in the Constitution
Criminal laws are laws that relate to crime
Municipal laws are ordinances, regulations and by-laws that govern a city or town
International laws are laws that oversee relations between nations
Private law affects the rights and obligations of individuals, families, businesses and small
groups and exists to assist citizens in disputes that involve private matters. Its scope is more
specific than public law and covers:
Contract law - governs rights and obligations of those entering into contracts
Tort law - rights, obligations and remedies provided to someone who has been wronged
by another individual
Property law - governs forms of property ownership, transfer and tenant issues
Succession law - governs the transfer of an estate between parties
Family law - governs family-related and domestic-related issues
PRIVATE LAW

PUBLIC LAW

Governs Relationships between
individuals, such as the the Law of
Contracts and the Law of Torts.
Governs The relationship between
individuals and the state.
Private law includes, (i) Law of
contract (ii) Law of tort (iii) Law of
property (iv) Law of succession, (v)
family

Public law includes (i) constitutional
law, (ii) Administrative law (iii)
criminal law, (iv) municipal law (v)
international law; criminal law is
enforced on behalf of or in the name
of the state.

Other terms used for private law are
Common law (in Canada and much of
the US)
None
private law affects individuals,
families, business and small groups.
Public law affects society as a whole,
Private law is sometimes, referred to as
civil law
None
private law deals with a more specific
scope.



Public law deals with a greater scope



Substantive and Procedural Law
Substantive law is a statutory law that deals with the legal relationship between people or the
people and the state. Therefore, substantive law defines the rights and duties of the people, but
procedural law lays down the rules with the help of which they are enforced.
Substantive law consists of written statutory rules passed by legislature that govern how people
behave. These rules, or laws, define crimes and set forth punishment. They also define our rights
and responsibilities as citizens. There are elements of substantive law in both criminal and civil
law.
Civil law differs from criminal law in that it applies to interactions between citizens. Rather than
dealing with crime, civil law deals with tort, or actions that aren't necessarily illegal but can be
proven to be damaging in some way. For example, if you sue a neighbor for cutting down a tree
and letting it land on your house, that would be a civil case dealing with tort rather than a
criminal case dealing with crime.
Substantive law is used to determine whether a crime or tort has been committed, define what
charges may apply and decide whether the evidence supports the charges. Let's say a person is
caught drunk driving. Substantive law says that it is a crime punishable by a term in prison.
The substance of charges, or elements of a crime or tort, must be carefully evaluated to
determine whether a crime or tort really exists. In other words, specific facts need to be proven
true in order to convict somebody of a crime or a tort.
In the case of a person caught driving while intoxicated, a few things would have to be proven:
The person was driving the vehicle
The person acted in ways that gave the police a reason to believe he or she was
intoxicated
The person was over the legal limit per a field sobriety and/or Breathalyzer test
Once these things are proven, the person can be taken into custody. Next, procedural law will
determine the steps the case must take.
Procedural law comprises the set of rules that govern the proceedings of the court in criminal
lawsuits as well as civil and administrative proceedings. The court needs to conform to the
standards setup by procedural law, while during the proceedings. These rules ensure fair practice
and consistency in the "due process".
Procedural law governs the mechanics of how a legal case flows, including steps to process a
case.
For example, in our drunk driving case, substantive law proved that the person was drunk while
driving a vehicle. The police were within their rights to make the arrest, but due process requires
that the person must be produced before the magistrate within 24 hours of his or her arrest.
SUBSTANTIVE LAW

PROCEDURAL LAW

Substantive law refers to the body of
rules that determine the rights and
obligations of individuals and
Procedural law is the body of legal
rules that govern the process for
determining the rights of parties.
collective bodies.
Substantive law refers to all categories
of public and private law, including the
law of contracts, real property, torts,
and Criminal Law. For example,
criminal law defines certain behavior as
illegal and lists the elements the
government must prove to convict a
person of a crime.
the rights of an accused person that are
guaranteed by the Constitution of
India are part of a body of criminal
procedural law.
contract, tort, family, and criminal law
are substantive legal areas
the laws defining who may sue whom
and where, and what does and does
not constitute proper arrest,
interrogation, and search of criminal
suspects, are procedural laws

Municipal and International Law
International Law is the law which governs the Relations of sovereign independent States
inter se .
Municipal law or State law or national law is the law of a State or a country and in that
respect is opposed to International Law which consists of rules which civilized States
consider as binding upon them in their mutual relations. Kelsen observes that national
law regulates the behavior of individuals International law the behavior of States or as it
is put whereas national law is concerned with the international relations the so called
domestic affairs of the State. International Law is concerned with the external relations
of the State its foreign affairs.



MUNICIPAL LAW

INTERNATIONAL LAW

Municipal law regulates relations
within a country (intra-state).

International law regulates relations
between countries (inter-state).

Municipal law is hierarchical or vertical
- the legislature is in a position of
supremacy and enacts binding
legislation
International law is horizontal - all
states are sovereign and equal
Municipal law is hierarchical or vertical
- the legislature is in a position of
supremacy and enacts binding
legislation
International law is horizontal - all
states are sovereign and equal

the municipal level uses a legislature to help
enforce and test the laws
the international court system relies on a series
of treaties without a legislature which, in
essence, makes all countries equal.

The municipal courts have a law enforcement
arm which helps require those it determines to
follow the rules, and if they do not they are
required to attend court
The international court system has no
enforcement and must rely on the cooperation
of other countries for enforcement