B.A. LL.B. (Five Years) Sem 1 Legal Methods 2015 Dec Question Paper with Solutions

Holland. Law is "a general rule of external human action enforced by a sovereign political authority". The word "external" shows that law governs conduct, not thoughts.

Salmond. Law is "the body of principles recognised and applied by the state in the administration of justice". This explains why custom and precedent count as law.

Pound. Law is "a social institution to satisfy social wants". Pound explains what law is for.

The Indian working definition. Article 13(3)(a) says "law" includes "any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law".

Why the definitions differ. Each definition reflects a school of thought. Austin and Holland, of the analytical school, look at the source of law in the sovereign. Salmond looks at the courts that apply it, and Pound, of the sociological school, looks at the purpose it serves. Read together, they give a fuller picture than any one alone.

The common elements. Law in the legal sense is a body of general rules of conduct. It is made or recognised by the State and enforced by courts with sanctions, and it aims at order with justice.

5. Customary law. "Any rule of action which is actually observed by men." Illustration: a community's custom of succession. The Hindu Marriage Act 1955 recognises custom that, "having been continuously and uniformly observed for a long time, has obtained the force of law".

6. Practical law. "Rules for the attainment of some practical end." Illustration: the laws of health or the laws of good writing style.

7. International law. The rules "which govern sovereign states in their relations and conduct towards each other". Illustration: a treaty between India and another State. In Jolly George Verghese v. Bank of Cochin, (1980) 2 SCC 360, the Supreme Court read the Code of Civil Procedure in harmony with Article 11 of the International Covenant on Civil and Political Rights.

8. Civil law. The law of the land, applied by the State's courts. Illustration: the Constitution, the Bharatiya Nyaya Sanhita 2023 and the Indian Contract Act 1872.

Part C: Types of the law of the land

The law of the land itself is divided in several ways.

4. General, special and local law. The BNS defines a "local law" as "a law applicable only to a particular part of India" (section 2(18)). A "special law" is "a law applicable to a particular subject" (section 2(30)). Illustration: the BNS is general; the Information Technology Act 2000 is special.

5. Enacted and unenacted law. Enacted law is made by a legislature; unenacted law comes from custom and judicial decisions. Illustration: the Contract Act is enacted; the rules of precedent are judge-made.

6. Central and State law. Article 246 divides law-making power between Parliament and the State Legislatures. Illustration: the Code of Civil Procedure is a Central Act; the Karnataka Civil Courts Act 1964 is a State Act.

Overlaps

The types overlap. A contract is conventional law between the parties and civil law when a court enforces it. A proved custom is customary law and civil law. A treaty, once Parliament enacts it, is international, conventional and civil law. Criminal law is public, imperative and mostly general.

Conclusion. Law in the legal sense is the body of general rules made or recognised by the State and enforced by its courts. Austin, Holland, Salmond and Article 13(3)(a) explain it in their own ways. In the wide sense, Salmond listed eight kinds of law, from physical to civil law. The law of the land is further divided into public and private, civil and criminal, and substantive and procedural law. It is also general, special or local, enacted or unenacted, and Central or State. Kraipak, Binny, NEPC and Shamlal Murari show that knowing the type of a rule tells a lawyer which court, procedure and remedy apply.