Introduction to Law Overview
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What does the term 'law' denote?

The term 'Law' denotes different kinds of rules and Principles.

What does it mean to say law is an instrument of social control?

Law is an instrument which regulates human conduct/behavior.

What are the different meanings of law from the perspective of the legislature?

Law means Statutes, Acts, Rules, Regulations, Orders, and Ordinances from the point of view of legislature.

What are the different meanings of law from the perspective of the judiciary?

<p>Law means Rules of court, Decrees, Judgment, Orders of courts, and Injunctions from the point of view of Judges.</p> Signup and view all the answers

What are the different meanings of law from the perspective of society?

<p>Law means Justice, Morality, Reason, Order, and Righteous from the view point of the society.</p> Signup and view all the answers

What is the meaning of "Lagu" in old English?

<p>In old English &quot;Lagu&quot; i.e. law, ordinance, rule, regulation.</p> Signup and view all the answers

What does 'Literally' mean in the context of the word "Lag"?

<p>'Literally' something laid down of fixed.</p> Signup and view all the answers

The term "law" always has the same meaning across different societies and time periods.

<p>False (B)</p> Signup and view all the answers

What does the term 'law' imply in Hindu religion?

<p>The term 'law' implies &quot;Dharma&quot;.</p> Signup and view all the answers

What is the equivalent term for 'law' in the Islamic religion?

<p>In Muhammadean religion (Islam) it is “Hokum”.</p> Signup and view all the answers

What is the equivalent term for 'law' in the Roman legal tradition?

<p>In Roman its “Jus”.</p> Signup and view all the answers

What is the equivalent term for 'law' in French?

<p>In French, its “Droit”.</p> Signup and view all the answers

What are the equivalent terms used for 'law' in Persian and Turkish?

<p>In Persian and Turkish, its Kunoon.</p> Signup and view all the answers

What is the equivalent term for 'law' in Latin?

<p>The Latin term &quot;Legam&quot; refers to laws and legal pronouncements.</p> Signup and view all the answers

What is the equivalent term for 'law' in Philipino?

<p>In Philipino its “Batas”.</p> Signup and view all the answers

What is the equivalent term for 'law' in Lithuanian?

<p>In Lithuanian its “Teise”.</p> Signup and view all the answers

Adultery is considered a crime in both India and America.

<p>False (B)</p> Signup and view all the answers

Personal laws like Hindu law and Muslim law are identical.

<p>False (B)</p> Signup and view all the answers

How many wives can a Muslim man have at a time?

<p>A Muslim man can have four wives living at a time.</p> Signup and view all the answers

How many wives can a Hindu man have at a time?

<p>A Hindu man can have only one wife living at a time.</p> Signup and view all the answers

Marrying again while the first wife is still alive in Hindu law is considered an offense.

<p>True (A)</p> Signup and view all the answers

What are the two ways the law changes in society?

<p>The law is subject to change with the change in society and also change in the Government/legislative through the amendments/Acts.</p> Signup and view all the answers

What are the three things the term 'law' is used to mean?

<p>Generally the term law is used to mean three things: 1. &quot;legal order&quot;, 2. the whole body of legal Percepts which exists in a politically organized society., and 3. all official control in a politically organized society.</p> Signup and view all the answers

What is meant by "legal order" in the context of law?

<p>First it is used to mean “legal order”, It represents the regime of adjusting relations, and ordering conduct by the systematic application of the force of organized political society.</p> Signup and view all the answers

What is meant by the "whole body of legal Percepts" in the context of law?

<p>Secondly, law means the whole body of legal Percepts which exists in a politically organized society.</p> Signup and view all the answers

What is meant by "all official control" in the context of law?

<p>Thirdly, law is used to mean all official control in a politically organized society.</p> Signup and view all the answers

What is meant by the "civil law" or "law of the land" in the context of law?

<p>Law in its narrowest or strict sense is the civil law or the law of the land.</p> Signup and view all the answers

Defining the term "law" is a simple task.

<p>False (B)</p> Signup and view all the answers

What is the primary characteristic of idealistic definitions of law?

<p>Romans and other ancient Jurists defined law in its idealistic nature.</p> Signup and view all the answers

What is the specific focus of Roman Justinian's definition of law?

<p>Roman Justinian's defined law in the light of its idealistic nature.</p> Signup and view all the answers

According to Salmond, what is the definition of law?

<p>According to salmond “the law may be defined as the body of principles recognized and applied by the state in the administration of Justice.</p> Signup and view all the answers

What is the main criticism of Salmond's definition of law?

<p>Salmond did not define the expression Justice.</p> Signup and view all the answers

What did Keeton argue about what is considered just?

<p>What has been considered to be just at one time has frequently not been so considered at another.</p> Signup and view all the answers

What is Dean Roscoe Pound's main criticism of Salmond's definition of law?

<p>Dean Roscoe Pound has criticized the definition of Salmond as reducing law to a mass of isolated decisions and the law in that sense to be an organic whole.</p> Signup and view all the answers

What is another criticism Dean Roscoe Pound makes of Salmond's definition of law?

<p>Further, it is criticized on the ground that Salmond's definition applies only to lax law not to Statute.</p> Signup and view all the answers

What is the practical significance of Salmond's definition of law?

<p>Despite criticism, Salmond's definition is considered as the workable definition.</p> Signup and view all the answers

According to John Chipman Gray, what is the definition of law?

<p>According to Gray, “the Law of the State or of any organized body of men is composed of the rules which the courts, that is the judicial organ of the body lays down for the determination of legal rights and duties.</p> Signup and view all the answers

What is the main criticism of John Chipman Gray's definition of law?

<p>Gray's definition is criticized on the Ground that he is not concerned with the nature of law rather than its Purposes and Ends.</p> Signup and view all the answers

What is another criticism of John Chipman Gray's definition of law?

<p>Further it does not take into account the statute law.</p> Signup and view all the answers

What is the main premise of legal positivism?

<p>John Austin (1790-1859) An English Jurists expounded the concept of analytical positivism, making law as a command of sovereign backed by sanction.</p> Signup and view all the answers

What is the central theme of John Austin's definition of law?

<p>He developed logically, a structure of legal system in which he gave no Place to values, morality, idealism and Justice.</p> Signup and view all the answers

According to John Austin, what is the strict sense of law?

<p>According to Austin, a law, in the strict sense is a general command of the sovereign individual or the sovereign body. Issued to those in subjectivity and enforced by the physical power of the state.</p> Signup and view all the answers

According to John Austin, what is the meaning of "law" in the aggregate?

<p>According to Austin “law is aggregate of rules set by men politically superior or sovereign to men as politically subject.”</p> Signup and view all the answers

What is John Austin's definition of a command?

<p>Austin says, “A law is command which obliges a person or persons to a course of conduct.</p> Signup and view all the answers

What is the main criticism of John Austin's definition of law?

<p>Austin's definition of law is subjected to criticism on the ground that it ignores completely the moral and ethical aspects of law and unduly Emphasized the imperative character of law.</p> Signup and view all the answers

Study Notes

Introduction to Law

  • Law encompasses various rules and principles. It governs conduct and behavior within a society.
  • It encompasses various perspectives; justice, morality, reason, and righteousness, from a societal view.
  • From a legislative perspective, it involves statutes, acts, rules, and regulations.
  • From a judicial standpoint, it includes court rulings, decrees, judgments, orders, and injunctions.
  • Wider concepts such as jurisprudence, legal theory, tort law, etc. are also included in the broader definition of law.

Meaning of Law

  • The term "law" has multiple interpretations depending on the society and time.
  • Different societies and religions have different interpretations (Hindu- Dharma, Islam-Hokum, Roman-Jus) of law.
  • Law has been subject to change through modifications and legislative amendments.
  • Law differs depending on the location and religious context.
  • Personal laws, like Hindu and Muslim law, differ in their applications (e.g., monogamy).
  • Legal principles are adaptable and can shift based on societal changes.

Definitions of Law

  • Defining law is challenging; many jurists have attempted definitions.
  • Some definitions emphasize the idealistic nature of law, like Roman Justinian's perspective.
  • Salmond's definition focuses on the principles the state applies in dispensing justice.
  • Critiques on Salmond's definition note its incompleteness regarding the concept of justice.
  • Other jurists like Gray, Austin, and Holland offer alternative definitions and each has been criticized in specific ways.
  • These diverse definitions are important in understanding the varied approaches to understanding law

Kinds of Law

  • Law can be categorized. Salmond describes eight kinds of law.
  • Imperative law refers to enforced rules of action from an authoritative body using power.
  • Physical or scientific laws describe natural phenomena.
  • Natural law involves moral and ethical principles.
  • Conventional law is agreement-based.
  • Customary laws are recognized practices within a society.
  • Practical/technical rules are for achieving specific objectives.
  • International law governs relationships between nations.
  • Civil law pertains to daily affairs and governance within a state.

Role of Law in Society

  • Law provides standards for conduct and resolves disputes.
  • It aims to maintain order and protect citizens.
  • Laws exist to protect individuals' rights in a fair and equitable way.

Role of Law in Business

  • Law defines business operations.
  • It creates predictability for business dealings.
  • Businesses operate within rules that protect business, its customers, and employees.
  • Guidelines for resolving disagreements arise within or among businesses.

Classification of Law

  • Classifying law involves organizing laws into categories.
  • An essential way to understand how law operates within societies.
  • Law is broadly divided into public and private categories, then further divided into specific branches.
  • Examples include Constitutional, Administrative, Criminal, Contract, Property and Tort law.

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Description

This quiz explores key concepts in law, including its various definitions, perspectives, and principles. It examines how law governs behavior in society and its interpretations across different cultures and religions. Test your understanding of the foundational aspects of law and its role within the judicial system.

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