Law Meaning Nature and its Type

Law Meaning Nature and its Type
Law Meaning Nature and its Type

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Law Meaning Nature and its Type

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Meaning and Definition

Law is defined as a rule which regulates the human actions. In fact, law is a rule or set of princiles developed in a society and recognized by the state in the administration of justice which is backed by some sort of punishment. Law is an instrument of society played a vital role to maintain justice its distinct.

Definition from different authors

John Austin

“Law is the aggregate set of rules set by a man as politically superior, or sovereign to men, as political subjects.”

Rudolph Von Ihering

“The form of the guarantee of conditions of life of society, assured by State’s power of constraint.”

Oliver Wendell Holmes

“Law is a statement of the circumstances in which public force will be brought to bear upon through courts.”

Nature or Characterstics of Law

Following are the nature or charatceristics of law

a. Law consists of rule.

b. It is a rule of the external rational human being.

c. It is developed, issued or enacted by state.

d. It is enforced by state in the administration of Justice.

e. It is backed by punishment.

f. It treats all the persons equal in same situation.

g. It is pervasive in Nature

h. The function of the law is to keep peace by maintaing law and order situation.

i. The aim of law is justice.

Types of Law

Following are the types of law on the basis of different headings.

1. On the basis of Territotial Limits of Operations.

a. National Law

This law is operates and regulates the various activities of people within the state territory. Example Civil law, Criminal Law, administrative Law, etc.

b. International Law

By contract with the national law, the International law operates and regulates the relations of the state themselves. It consists of bilatera, regional treates agreed by the states . Example, the charter of UNO, 1947 International Treaty of Diplomatic relations 1969, etc.

2. On the basis of Nature of Law

a. Substantive Law

The law which creates defines and enforces legal rights and duties that lwa is known as substantive law. Example, every person has the rights to make profit from business, notice to be given before making an arrest, etc.

b. Procedural Law

By contract to the substantive law, the procedural law creates and defines a mechanism or way by which the rights and duties are enforced by the legal institutions. It deals with the process of achieving the remedies when the rights and interests are put at danger.

3. On the basis of Subject Matter of Law

a. Public Law

The law which regulates the relation of the state organs i.e the citizens is known as public law. It defines the various immunities, powers and duties of government, and duties of individuals. Example, Constitutional Law, Administrative Law, etc.

b. Private Law

Private law by contrast with public law regulates the relationship among the individuals. Such rules try to balance the conflecting interest to make a society peaceful and justifiable. Example, Contract, Law of property, Partnership law, Agency Law, etc.

4. On the basis pf an Individual Duty Towards Society

a. Criminal Law

Criminal Law is a branch of public law and a types of national law. It treats undesirable acts aganist the society as a whole and fixes the punishment.

b. Civil Law

Civil Law creates, defines and regulates a individual rights and duties aganist another individual’s rights and duties. Individual’s rights and duties regarding property, respect, and diginity are the concern of civil law. Example, Contract, Law of property, Partnership law, Agency Law, Companies Act 2063, etc.

Hence, these are the Law Meaning Nature and its Type.

Other Important Links:

a. BBS 3rd Year Business Law Notes: CLICK HERE

b. BBS 3rd Year All subject Notes: CLICK HERE

c. Meaning of Business Law: CLICK HERE

d. Meaning of Contract Law: CLICK HERE

Frequently Asked Questions

a. What is Law?

= In simple words, “Law is the rule which regulates the human actions”.

b. Types of Law.

= There are various Tyes of law on the basis of different headings. They are

On the Basis of Tyes of Law
Territotial Limits of Operationsa. National Law
b. International Law
Narure of Lawa. Substantive Law
b. Procedural Law
Subjec Matter of Lawa. Public Law
b. Private Law
Individual Duty Towards Societya. Criminal Law
b. Civil Law