Punjab State Board PSEB 11th Class Political Science Book Solutions Chapter 5 Law-Meaning, Sources and Kinds Textbook Exercise Questions and Answers.
PSEB Solutions for Class 11 Political Science Chapter 5 Law-Meaning, Sources and Kinds
Long Answer Type Questions
Question 1.
Define Law and give its sources.
Answer:
The State maintains peace and order in Society and regulates the mutual relations among the people. This function is performed through laws. The will of the State is expressed through laws. The State determines the relationship of the individual with the State, relationship of the individual with other associations and the relationship of individuals among themselves through laws. This way the individual has a very close relationship with the laws of the State.
Definition Of Law:
Different writers have defined law differently. The scientists define ‘law’ as the relation of cause and effect. The meaning of law is altogether different in the science of morality. So when we talk of Law of Morality, it means that body of rules which governs the moral conduct of man, being based on the general conscience of the people.
The word ‘Law’ has been derived from the Teutonic word lag which means definite. Therefore, the word law’ is used for a fixed rule. Rules are definite and certain only when they are enforced-by the State. For the maintenance of peace and order in society it is essential that only those rules and regulations should be applied which are recognized by law. Disputes can be decided only by the application of definite rules and regulations.
The following are some of the most important definitions of law given by different writers:
1. According to Aristotle, “True law is right reason, comfortable to nature, universal and external.”
2. The famous British Jurist John Austin says, “Law is a command given by a superior to an inferior.” Austin has further said, “Law is the command of a Sovereign.” Sovereign is superior to all in the State, therefore he issues orders to all other people in the State.
3. According to Willoughby, “Laws are those rules of conduct that control courts of justice in the exercise of their jurisdiction. As distinguished from all other rules of conduct that obtain more or less general recognition in a community of men; they are such as have for their ultimate enforcement the entire power of the State.”
4. According to Woodrow Wilson, “Law is that portion of the established thought and habit, which has gained distinct and normal recognition in the shape of uniform rules backed by the authority and power of Government.”
5. According to T.E. Holland, “Law is a general rule of action, taking cognizance only of external acts, enforced by a determinate authority, which authority is human and among human authorities is that which is paramount in a political society, or, briefly a law is a general rule of external action enforced by a sovereign political authority.”
Of all the definitions of law given above, the definition given by Prof. Holland is the best. In simple words we can say that the rules and regulations framed by the State concerning the external actions of man are called laws.
The law has the following characteristics:
- A law is concerned with the external actions of the people.
- A law is enforced by the supreme authority of the State.
- A law is definite and is applicable to all.
- The violation of law is a crime and the culprits are punished.
- Laws are Universal and no discrimination is made by law. Everybody is equal before law.
- Aim of law is welfare of the whole society.
Sources of Law:
Laws are those rules and regulations which are concerned with the external actions of the people and are habitually obeyed by them. Now the question arises which the sources of law are. John Austin is of the option that a law is a command of the Sovereign. From this thing we can understand that the Sovereign is the source of law but the fact is that there are laws which are not framed by the Sovereign but are only recognized by him.
In the formal sense the State is the main source of all laws. But the modern law has passed through many stages of development and various factors have contributed to its growth. All such factors may be defined as the sources from which law is derived. The following are the sources of law:
1. Customs:
Custom is the earlier source of law. When the State had not come into existence in its present form, the people were guided in their social relations by custom. Even now the courts recognize the force of custom prevailing in a particular comipunity. Custom was the king in the past. A custom is a body of rules universally accepted and followed by the members of the society due to their social utility. In the ancient society when there was no definite law, all the disputes were settled according to the customs and traditions prevailing in the society.
Customs were based on the general usages and practices of the family, class or tribe. But it must be remembered that these rules of conduct based upon customs are not themselves laws but they become laws when recognized by the definite political authority of the State due to their social benefit.
The common law in England is a collection of the customs and traditions of that country. There is great utility of giving recognition to and making laws of customs and traditions. First, the people readily obey such laws and secondly, the state is not to ponder more on the subject of making laws.
2. Religion:
Great seers and prophets in their sayings and writings have prescribed certain rules of conduct for their followers. In most of the states in medieval times, these religious injunctions of prophets formed an important part of law. In the ancient society all rules of conduct had a religious sanction behind them.
It is a historical fact that under the administration of Priest Kings, there was a close relation between law and religion. Moreover, the sacred books (like Quran of Muslims and Vedas of Hindus) have laid down their particular rules for the guidance of their communities. The people follow the laws of religion because of their belief in Divine origin of laws and because of the Godly punishment in the next world.
It can further be proved by the fact that in India still the Hindu and the Mohamedan laws which are enforced by the courts, are based upon religious principles of both the communities. Moreover the laws of Hindus and Muslims in the matters of inheritance, marriage and succession are also based on religion.
3. Judicial Decisions:
Many laws are framed by the judges. Judges while interpreting and applying law in a particular case may modify the provisions of law considerably by their interpretations. Such judicial decisions of eminent judges become precedents and the other courts generally follow them as rigidly as the laws passed by the legislature.
A judge has to interpret laws and apply them to particular cases. Sometimes a law is not clear. The judge gives his own interpretation and in the light of that interpretation decides the case. In this way judges expand or modify laws. The rulings of the Supreme Court, High Courts, etc., are often quoted by lawyers with effect and authority.
In this process they sometimes extend the meaning of a legal provision or modify it according to the growing requirements of the community. It can be further emphasized by the fact that the American constitution is not what the fathers of constitution made it but what the judges of the Supreme Court make it by their own interpretations.
4. Equity:
When there is no definite law according to the provisions of which a particular case may be decided, the judges follow the doctrine of equity or good conscience, and thus create new law. Equity means justice. Judges often decide a case guided by their sense of justice.
They may point out that a certain provision of an existing law is inequitable in character. In this way they help to amend that law according to the principles of equity. This is also a kind of judge-made law. Accordingly the courts in India are directed to apply the doctrine of justice, equity and good conscience in deciding such cases where the existing fixed laws cannot be applied.
5. Scientific Commentaries:
The jurists discuss the different laws and customs, find out their proper interpretation and suggest suitable modifications. In every country the legal writers attain a great importance due to their knowledge on the subject of law. The opinions of these commentators are not at all final conclusions but are only arguments for the elucidation of vague laws.
Moreover, the legal writers by collecting, analysing, comparing and logically arranging the legal principles of law, lay down certain definite guiding conclusions for the particular cases of future. It means that the legal writers interpret the existing law, find out the omissions, remove the vagueness and draw general laws to govern particular cases.
6. Legislature:
This is the most important and prolific source of law. In modem times the legislature of a country composed of the representatives of the people, makes and passes laws for the general welfare of the community. Legislature is at present the most important and direct source of law. Every state has a legislature whose business is to make laws according to the needs of the citizens.
In a despotic state, it is the will of the ruler which makes the law. In a democratic stagte, however the law embodies the wishes of the people through the decision of a majority of the popularly elected legislature. Law so made can be regarded as the true expression of public opinion.
7. Executive:
Nowadays the function of making laws is generally performed by the legislature but under certain circumstances this function is to be performed by the executive also. If the legislature stands adjourned or dissolved then the President in the Union and the Governor in the State, in India, can issue ordinances which have the force of law. These ordinances do not continue to exist permananetly but so long as they do they continue to be force of law.
8. Public Opinion:
Some thinkers are of the opinion that public opinion should also be considered as a source of law. In the modem age of democracy public opinion greatly influences the making of laws in the State. In the modem age the people are considered as the source of sovereign power of the State and laws which are framed keeping in view public opinion are readily and easily obeyed by the people.
In Switzlerland where direct democracy exists in one form or the other, this source of law has a greater role to play. There we find the greater influence exerted by public greater role to play. There we find the greater influence exerted by public opinion in case of the system of Landsgeminde, Referendum and Initiative.
Conclusion: Thus there is not only one source of law but there are many sources of laws. Each source of law has its importance keeping in with the times.
Question 2.
Define the term ‘Law’. Discuss the various kinds of law.
Answer:
Definition of Law:
Different writers have defined law differently. The scientists define ‘law’ as the relation of cause and effect. The meaning of law is altogether different in the science of morality. So when we talk of Law of Morality, it means that body of rules which governs the moral conduct of man, being based on the general conscience of the people.
The word ‘Law’ has been derived from the Teutonic word lag which means definite. Therefore, the word law’ is used for a fixed rule. Rules are definite and certain only when they are enforced-by the State. For the maintenance of peace and order in society it is essential that only those rules and regulations should be applied which are recognized by law. Disputes can be decided only by the application of definite rules and regulations.
The following are some of the most important definitions of law given by different writers:
1. According to Aristotle, “True law is right reason, comfortable to nature, universal and external.”
2. The famous British Jurist John Austin says, “Law is a command given by a superior to an inferior.” Austin has further said, “Law is the command of a Sovereign.” Sovereign is superior to all in the State, therefore he issues orders to all other people in the State.
3. According to Willoughby, “Laws are those rules of conduct that control courts of justice in the exercise of their jurisdiction. As distinguished from all other rules of conduct that obtain more or less general recognition in a community of men; they are such as have for their ultimate enforcement the entire power of the State.”
4. According to Woodrow Wilson, “Law is that portion of the established thought and habit, which has gained distinct and normal recognition in the shape of uniform rules backed by the authority and power of Government.”
5. According to T.E. Holland, “Law is a general rule of action, taking cognizance only of external acts, enforced by a determinate authority, which authority is human and among human authorities is that which is paramount in a political society, or, briefly a law is a general rule of external action enforced by a sovereign political authority.”
Of all the definitions of law given above, the definition given by Prof. Holland is the best. In simple words we can say that the rules and regulations framed by the State concerning the external actions of man are called laws.
The law has the following characteristics:
- A law is concerned with the external actions of the people.
- A law is enforced by the supreme authority of the State.
- A law is definite and is applicable to all.
- The violation of law is a crime and the culprits are punished.
- Laws are Universal and no discrimination is made by law. Everybody is equal before law.
- Aim of law is welfare of the whole society.
Sources of Law:
Laws are those rules and regulations which are concerned with the external actions of the people and are habitually obeyed by them. Now the question arises which the sources of law are. John Austin is of the option that a law is a command of the Sovereign. From this thing we can understand that the Sovereign is the source of law but the fact is that there are laws which are not framed by the Sovereign but are only recognized by him.
In the formal sense the State is the main source of all laws. But the modern law has passed through many stages of development and various factors have contributed to its growth. All such factors may be defined as the sources from which law is derived. The following are the sources of law:
1. Customs:
Custom is the earlier source of law. When the State had not come into existence in its present form, the people were guided in their social relations by custom. Even now the courts recognize the force of custom prevailing in a particular comipunity. Custom was the king in the past. A custom is a body of rules universally accepted and followed by the members of the society due to their social utility. In the ancient society when there was no definite law, all the disputes were settled according to the customs and traditions prevailing in the society.
Customs were based on the general usages and practices of the family, class or tribe. But it must be remembered that these rules of conduct based upon customs are not themselves laws but they become laws when recognized by the definite political authority of the State due to their social benefit.
The common law in England is a collection of the customs and traditions of that country. There is great utility of giving recognition to and making laws of customs and traditions. First, the people readily obey such laws and secondly, the state is not to ponder more on the subject of making laws.
2. Religion:
Great seers and prophets in their sayings and writings have prescribed certain rules of conduct for their followers. In most of the states in medieval times, these religious injunctions of prophets formed an important part of law. In the ancient society all rules of conduct had a religious sanction behind them.
It is a historical fact that under the administration of Priest Kings, there was a close relation between law and religion. Moreover, the sacred books (like Quran of Muslims and Vedas of Hindus) have laid down their particular rules for the guidance of their communities. The people follow the laws of religion because of their belief in Divine origin of laws and because of the Godly punishment in the next world.
It can further be proved by the fact that in India still the Hindu and the Mohamedan laws which are enforced by the courts, are based upon religious principles of both the communities. Moreover the laws of Hindus and Muslims in the matters of inheritance, marriage and succession are also based on religion.
3. Judicial Decisions:
Many laws are framed by the judges. Judges while interpreting and applying law in a particular case may modify the provisions of law considerably by their interpretations. Such judicial decisions of eminent judges become precedents and the other courts generally follow them as rigidly as the laws passed by the legislature.
A judge has to interpret laws and apply them to particular cases. Sometimes a law is not clear. The judge gives his own interpretation and in the light of that interpretation decides the case. In this way judges expand or modify laws. The rulings of the Supreme Court, High Courts, etc., are often quoted by lawyers with effect and authority.
In this process they sometimes extend the meaning of a legal provision or modify it according to the growing requirements of the community. It can be further emphasized by the fact that the American constitution is not what the fathers of constitution made it but what the judges of the Supreme Court make it by their own interpretations.
4. Equity:
When there is no definite law according to the provisions of which a particular case may be decided, the judges follow the doctrine of equity or good conscience, and thus create new law. Equity means justice. Judges often decide a case guided by their sense of justice. They may point out that a certain provision of an existing law is inequitable in character.
In this way they help to amend that law according to the principles of equity. This is also a kind of judge-made law. Accordingly the courts in India are directed to apply the doctrine of justice, equity and good conscience in deciding such cases where the existing fixed laws cannot be applied.
5. Scientific Commentaries:
The jurists discuss the different laws and customs, find out their proper interpretation and suggest suitable modifications. In every country the legal writers attain a great importance due to their knowledge on the subject of law. The opinions of these commentators are not at all final conclusions but are only arguments for the elucidation of vague laws.
Moreover, the legal writers by collecting, analysing, comparing and logically arranging the legal principles of law, lay down certain definite guiding conclusions for the particular cases of future. It means that the legal writers interpret the existing law, find out the omissions, remove the vagueness and draw general laws to govern particular cases.
6. Legislature:
This is the most important and prolific source of law. In modem times the legislature of a country composed of the representatives of the people, makes and passes laws for the general welfare of the community. Legislature is at present the most important and direct source of law. Every state has a legislature whose business is to make laws according to the needs of the citizens. In a despotic state, it is the will of the ruler which makes the law.
In a democratic stagte, however the law embodies the wishes of the people through the decision of a majority of the popularly elected legislature. Law so made can be regarded as the true expression of public opinion.
7. Executive:
Nowadays the function of making laws is generally performed by the legislature but under certain circumstances this function is to be performed by the executive also. If the legislature stands adjourned or dissolved then the President in the Union and the Governor in the State, in India, can issue ordinances which have the force of law. These ordinances do not continue to exist permananetly but so long as they do they continue to be force of law.
8. Public Opinion:
Some thinkers are of the opinion that public opinion should also be considered as a source of law. In the modem age of democracy public opinion greatly influences the making of laws in the State. In the modem age the people are considered as the source of sovereign power of the State and laws which are framed keeping in view public opinion are readily and easily obeyed by the people.
In Switzlerland where direct democracy exists in one form or the other, this source of law has a greater role to play. There we find the greater influence exerted by public greater role to play. There we find the greater influence exerted by public opinion in case of the system of Landsgeminde, Referendum and Initiative.
Conclusion: Thus there is not only one source of law but there are many sources of laws. Each source of law has its importance keeping in with the times.
Kinds of Laws:
Laws are the outcome of the sovereign power of the State. The will of the State is formulated and expressed through the laws of the State. Many writers have given a classification of law. Prof. Gettell has classified law on the basis of the ruler and the ruled. According to Gettell, laws are of three types Private law, Public law and International law. Prof. Holland does not admit the existence of international law.
According to Holland, laws are of two types-Private Law and Public Law:
He further sub-divided the private law into
- Law of Property and Law of Contract,
- Law of Corporation,
- Law of Personal Relation, and
- Civil Procedure.
Holland sub-divided the public law into:
- Constitutional law,
- Administrative law, and
- Criminal law.
Prof. Maclver has classified law on the basis of its sphere. He first of all classifies law into two types International law and Municipal Law or National Law. Then he divides National Law into Constitutional Law and Ordinary Law. Ordinary law is also of two types Private Law and Public Law. Public law is also of two types General Law and Administrative Law. The following chart makes the classification quite clear.
Laws are also classified on the basis of the source of law, for example, Statutory Law, Common Law, Judge-made Law and Ordinances.
1. International Law: The rules which regulate the relations of civilised states with one another constitute international law.
2. National Law:
National law consists of all laws that govern relations within a State. It is the law enacted by the State and governs rights and duties of citizens towards one another and towards the State.
3. Constitutional Law:
It is the type of law which is embodied in the constitution of a country and as such is supreme law of the land. It gives us the basic structure of the government and leaves details to be worked out by various organs of government and leaves details to be worked out by various organs of government, it is through constitutional law that various organs of government are regulated and relations between State and citizens are established.
4. Ordinary Law:
It is that part of the National Law by which the mutual relations of the individuals are determined. This law is enacted by the legislature in an ordinary way.
5. Private Law: Private law is that law which explains the relationship between the individuals themselves.
6. Public Law: It is that law which is applicable to the individuals and it determines the relations between, the State and the individuals.
7. General Law: It is a law which is equally applicable to the citizens as well as the government officials. It determines and regulates
activities of all individuals.
8. Administrative Law:
According to Dicey, Administrative law means rules which determine:
- the position and liabilities of all State officials,
- the civil rights and liabilities of private individuals in their dealing with officials or representatives of the States.
- the procedure by which these rights and liabilities are enforced. These laws prevail in France and they are quite different from the common law of England.
9. Statutory Law: A law passed by the legislature of a State is known as statutory law.
10. Common Law:
Common law is not framed by the legislature and, therefore, it is not written. The rules which are enforced by the Courts in England and U.S.A. but are based upon customs and not on legislative enactments, are collectively called common laws.
11. Judge-made Law: While interpreting the laws, the judges also expand and develop the laws and this way they make laws.
12. Ordinances:
These are temporary laws issued by the executive for dealing with some extraordinary and emergent situation. It is in fact command of the head of the State issued at intervals when legislature is not in session and the nation is in immediate need of a particular law.
Short Answer Type Questions
Question 1.
What do you understand by Law?
Answer:
The word ‘Law’ has been derived from the Teutonic word “lag’ which means definite. Therefore, the word law is used for a fixed rule. Rules are definite and certian only when they are enforced by the State. For the maintenance of peace and order in society it is -essential that only those rules and regulations should be applied which are recognized by law. Disputes can be decided only by the application of definite rules and regulations.
- According to Holland, “A law is a general rule of external human action enforced by a sovereign political authority.”
- According to Green, “Law is that condition of rights and duties which is introduced by the state.” ‘
- The famous British Jurist John Austin says,” Law is a command given by a superior to an inferior.” Austin further said, “ Law is the command of a soverign.”
- According to Aristotle. “True law is right reason, comfortable to nature, universal and external.”
Question 2.
Mention four sources of Law.
Answer:
- Customs: Custom is the earliest source of law. Even in modem time custom is a important source of law.
- Religion: In the ancient society religon was the most important source of law. The laws of Hindus and Muslims in the matter of inheritance, marriage and succession are based on religion.
- Judicial decisions: In modern times many laws are enacted by the judges.
- Legislature: In modern times ligislature is the most important source of law. Every democratic state has a legislature whose main function is law-making.
Question 3.
Distinguish between Municipal Law and International Law.
Answer:
Municipal Law consists of all laws that govern relations within a state. It is the law enacted by the state and governs rights and duties of citizens towards one another and towards the state. Municipal law is applied by the court of the state.
On the other hand, International law is that body of common rules and principles which determines and regulates the rights and mutual obligations of states and their conduct in their dealings with one another. International law applies to the international organisations such as the United Nations, I.L.O., U.N.E.S.C.O. etc. International law is applied by the International Court of Justice.
Question 4.
What do you understand by Constitutional law?
Answer:
It is the type of law which is embodied in the constitution of a country and as such is supreme law of the land. It gives us the basic structure of the government and leaves details to be worked out by various organs of the government. It is through constitutional law that various organs of government are regulated and relations between State and citizens are established. Constitutional law can be amended by the parliament by following certain procedure.
Question 5.
Describe the four elements of Law.
Answer:
- In the first place, a law is concerned with the external action of the people.
- In the second place law prescribes a set of rights and obligations as between one individual and another and between the individual and the state.
- In the third place, law is a general principle or rule of action. A law is definite and is applicable to all.
- Fourthly, a law is recognised and enforced by the State. The violation of law is a crime and the culprits are punished.
Question 6.
Mention four points of importance of Law.
Answer:
- The will of the state is expressed through law.
- Law maintains peace in the state. Without law there will be complete anarchy in the state.
- Law establishes equality. Everbody is equal before law.
- Law protects the life and property of the citizens.
Very Short Answer Type Questions
Question 1.
What do you understand hy Law?
Answer:
The word ‘Law’ has been derived from the Teutonic word ‘lag’ which means definite. Therefore, the word law is used for a fixed rule. Rules are definite and certian only when they are enforced by the State. .
Question 2.
Define the term laws.
Answer:
- According to Holland, “A law is a general rule of external human action enforced by a sovereign political authority.”
- According to Green, “Law is that condition of rights and duties which is introduced by the state.”
Question 3.
Mention two sources of Law.
Answer:
- Customs: Custom is the earliest source of law. Even in modem time custom is a important source of law.
- Religion: In the ancient society religon was the most important source of law. The laws of Hindus and Muslims in the matter of inheritance, marriage and succession are based on religion.
Question 4.
Describe the two elements of Law.
Answer:
- In the first place, a law is concerned with the external action of the people.
- In the second place law prescribes a set of rights and obligations as between one individual and another and between the individual and the state.
One Word to One Sentence Answer Type Questions
Question 1.
From which language has the word ‘Law’ been derived?
Answer:
The English word ‘Law’ has been derived from the Teutonic language word ‘Lag’.
Question 2.
What is the meaning of Law?
Answer:
Law means the fixed rules. Those rules are given the name of Law which are fixed and enforced by the state. If anyone violates these laws, he is punished.
Question 3.
Write any one definition of Law.
Answer:
According to Austin, “Law is a command given by a superior to an inferior.”
Question 4.
Explain Statute Law.
Answer:
Statute Law is that law which is framed by Legislature of the state. This law is made to regulate the mutual behaviour and conduct of the citizens.
Question 5.
Give the most accepted definition of law.
Answer:
According to Holland,“A law is a general rule of external human action enforced by a sovereign political authority.”
Question 6.
What are the main kinds of law?
Answer:
Law is mainly of four kinds
- International Law
- National Law
- Public Law
- Private Law.
Question 7.
What is the main objective of Law?
Answer:
The main objective of law is to maintain peace in the state.
Question 8.
Describe any one source of law.
Answer:
One of the important sources of law is custom. Most of the laws of the state are based on customs. In India, the Hindu Law and Muslim Law are based on customs of the people.
Question 9.
What is an Administrative Law?
Answer:
An Administrative Law is a part of public law. It regulates relation between state and governmental employees.
Question 10.
What do you mean by an Ordinance?
Answer:
An Ordinance is that law which is enforced by executive, when legislature is not in session, to control a particular situation.
Question 11.
Distinguish between Public and Private Law.
Answer:
A Public Law applies to all those people who live in a country whereas a Private Law is concerned with a particular institution, class or area.
Fill the blanks
1. Rule and regulations framed by the are …………. called law.
Answer:
State
2. Legislature, is a main source of …………. .
Answer:
Law
3. The will of the state is …………. through law.
Answer:
Expressed
4. The word ‘Law has been derived from the …………. word “Lag’ which means definite.
Answer:
Teutonic
5. Rules are definite and certain only when they are enforced by the …………. .
Answer:
State.
True or False statement
1. Law is a not a general rule of action.
Answer:
False
2. A law is’definite and is applicable to all.
Answer:
True
3. The violation of law is not a crime.
Answer:
False
4. Custom is the earliest source of law.
Answer:
True
5. Executive has no role in framing the law.
Answer:
False
Choose The Correct Answer
Question 1.
Laws are made by:
(A) The people
(B) The legislature
(C) The minister
(D) The officers.
Answer:
(B) The legislature
Question 2.
Who said this, “Law is a command given by a superior to an inferior”?
(A) Willoughby
(B) Wilson
(C) Austin
(D) Holland.
Answer:
(C) Austin
Question 3.
Which one of the following is not a source of law?
(A) Political Parties
(B) Customs
(C) Religion
(D) Legislature.
Answer:
(A) Political Parties
Question 4.
The book “The Spirit of Laws” is written by:
(A) Adam Smith
(B) Mountesquieu
(C) Hobbes
(D) Bentham.
Answer:
(B) Mountesquieu
Question 5.
“Where there is no law, there is no liberity,” who said it?
(A) Hobbes
(B) Locke
(C) Rousseau
(D) J.S. Mill
Answer:
(B) Locke