Introduction To Law.docx

Introduction to Law Assignment# 1

Assignment Topic

“Law” Submitted by:

Bilal Israr Submitted to:

Khuwaja Ishfaq Sahab Class:

LLB 5 years (Hons) Evening Date: 24-NOV-2015

B.Z.U CAMPUS VEHARI

Law: Rules and regulations which we obey and live our life. In general law is a common sense of any person. There are many definitions about the law. Different person describe it in different words. There different laws which we obey in our daily life. There are some different definitions by different peoples of law which are followings: A set of rules impose and enforced by a society with regard to the distribution and exercise of power over persons and things.

Cicero: Law is highest implanted in nature.

Ulpian: According to Ulpian the art or science of what is equitable and good is known as law.

Austin:

According to Austin law is a aggregate of rule set by men as politically superior or sovereign, conmen as politically subject.

Blackstone: Law is its more general and most apprehensive significance and is applied in discriminately to all kind of action weather animate or animate, rational or irrational.

Roscopond: Expiration of law means the legal system operating in a country.

Difference b/w “A LAW” and “THE LAW”: According to JERMIBENTHUM the Law means neither more nor less than the total number of individual law taken together. Thus every act of parliament is called “a law” or “statured law”. Whereas the aggregate of acts comprising legal system are known as “the law” or “law of the country”

Law in Rem and Law in Personam: Law in Rem relates to inforcement of rights which a person has against the whole world or against the people in general. Whereas law in Personam deals with enforcement of right available against a definite person or persons.

Classification of Law Imperative Law: Law in this sense means a rule which prescribes a general course of action imposed

by some authority which enforces it by superior power, either by physical force or any other form of compulsion. The requirements of an imperative law thus are: (a) It must be a general rule; (b) There must be authority behind it; (c) It must be enforced by a superior power by physical force or compulsion.

Sub classes of imperative law 1. Divine Law is imperative because it is laid down by a superior authority, to wit, God, has to be followed compulsorily, and its breach constitutes a sin which is punishable with divine wrath.

2. Civil Law is also imperative because it is enforced by a superior power, viz., the sovereign,

has to be followed compulsorily, for its breach entails punishment and it is enforced by the physical force of the State.

3. Positive morality, i.e., the rules of society regarding moral and immoral courses, are also imperative laws in this sense because they are dictated by a superior authority, namely, the society, the compulsion is the fear of falling in the estimation of fellow human beings and are punished either by contempt, or ridicule, social censure or boycott. The rules of society, trade clubs etc., are examples of this aspects of imperative law.

4. International law also is a form of imperative law because the rules relating to international conduct and obligation a lay down by the civilized state body and group and controlled by united action.