NATURE OF LAW

NATURE OF LAW

NATURE OF LAW

Law is a rule of action, which is indiscriminately applied to all kinds of action, whether it is animate or inanimate, rational or irrational. Law is prescribed by the superior one and obeyed by the inferior one. Law is a set of rules which is created and maintained by the state to regulate the human behavior and conduct of society. It is a written order which is a set of instructions that provides directions for human behavior. The entire written content of a law is the fixed arrangement of its words and punctuation and it conveys the spirit of the law. The spirit of law is the hope for change or they may be the tools that are wished-for to be useful.  The violation of law leads to the punishment. States make the laws by making laws they conduct the behavior of society. We need laws because if there is no law in the society there would be crimes and other unethical and unlawful activities done by the people of the society.  It serves as a norm of conduct for citizens who provide proper guideline to the behavior of citizens to sustain equity in the society and keep the society running. It acts a guideline which is accepted in society. If there is no law there would be conflicts between different social groups and communities. Laws can be amended with the time when needed and people have to obey them because that is just the way societies work. The laws are based on common sense i.e. do not drink while driving or don’t drive drunk, and everyone has to respect others and their belongings. To maintain peace and remain problem free society, societies have to maintain law and order. It gives protection to the victims and punishes those who have done unlawful actions. If anyone disobeys the law it has to face the consequences. NATURE OF LAW!!

Like all other human creations law may or may not be useful, but they always produce unplanned side effects.  The parameters used to measure the side effects of laws are the human rights, living standards, and quality of life standards of the people if any or all of which may be by chance ruined when a law is enforced.

The natural order of things can be changed by the enforcement of law and, since every law imposes restrictions, incurs costs, and produces unwanted side effects, the performance, or usefulness of each law, in terms of its overall effect upon the well being of the public, can be derived.

 It is a valid observation that a legal order may continue even when subject to continuous change, but the analysis denies this. Since all rules in a legal order are essential, any change means a new legal order is created. It would seem that what we have called a “legal order” is actually a sequence of aggregates of legal rules. Law does not become valid for a concrete case until a court has so ruled. Once this occurs, the aggregate of rules incorporating the decision already belongs to the past. The law seems to have no existence at all, belonging either to a past which is no longer valid or to a future which is not yet valid.

NATURE OF LAW

Types of Nature of Law

  • Normative
  • Coercive
  • Institutionalized
  • Universal application

Normative:  Normative of law is a reductionist thesis which is the ability of a person to evaluate the chances of punishment in case of intending breach of a law. It includes the making and issuing the rules in a society according to the needs in the society. Life adjusted with the true order is possible only within a social order; therefore a society’s reason for being is to allow its members to order their lives in truth, it includes the idea based on what is considered to be normal way of something doing. Normative theory of law came in to existence early in to twentieth century. There purpose is to purify traditional science of law by removing from it many elements foreign which have found their way into it. Theory of normative set out to build system of generally valid nations presuppose the normative contains of the many legal order. The theoretical equations refers to these generally valid nation are not change to subject.

Coercive

Nature of law is also coercive; in coercion we can use force. It is the practice of forcing another party to act in an involuntary manner by use of threats or some other form of pressure or force. The legal order must be imposed by force because some citizens will contend that a rule conflicts with the ought. If they were allowed to disobey, society could not be maintained. Force is not used to protect the society but it is used to restore or construct the personal order of the offender.

Institutionalized

The lawmaking process is the self organization of society for its existence through representatives, it is an essential factor for law making process and it is through the authority of representatives but not as a person that can make legal rules. Those representatives are organized bodies called institutions that deliver certain services and enforce laws and maintain that laws. Institutions are set of individuals that are responsible for the law making and maintaining law and order in the society so that the people live with peace and maintain law and order by following the law.

Universal application

It is nature of law that it is applied on all the people equally it refers the concept of legal legitimacy action where as these rules and principles for governing human beings. Everyone is equal according to the law and the one who disobey the law will be punished and to maintain law and order and peace in society every one must follow and obey the law and try to maintain the law and order in the society and law maintain the human behavior so it is equally implemented to everyone in the society.

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