Brief notes on the Important Elements of Law

(i) Law is a body of rules:

These rules prescribe the conduct, standard or pattern to which actions of the persons in the state are required to conform.

However, all rules of conduct do not become law in the strict sense. We resort to various kinds of rules to guide our lives. For example, our conduct may be guided by a rule such as “do not be arrogant” or “do not be disrespectful to elders or women”.

These are ethical or moral rules by which our daily lives are guided. If we do not follow them, we may lose our friends and their respect, but no legal action can be taken against us. On the other hand, if a person does not observe the law of the land, then legal actions, such as imprisonment or fine, etc., are imposed upon him.

However, law and morals are closely related, though they do not, by any means, coincide. Thus, the state makes or authorizes to make or recognises or sanctions rules which are called the law. The law, embodying various rules, has a number of sources, such as custom, legislation and precedents.

(ii) Law is for the guidance or conduct of persons – both human and artificial:

The law is not made just for the sake of making it. The rules embodied in the law are made, so as to ensure that actions of the persons in the society conform to some predetermined standard or pattern. This is necessary so as to ensure continuance of the society.

No doubt, if citizens are ‘self-enlightened’ or ‘self-controlled’, disputes may be minimized, but will not be eliminated. Rules are, therefore, drawn up to ensure that members of the society may live and work together in an orderly manner. Therefore, if the rules embodied in the law are broken, compulsion is used to enforce obedience, and certain consequences ensure.

(iii) Law is imposed:

Law is imposed on the members to bring about an order in the group, enabling it to continue and prosper. It is not something which may or may not be obeyed at the sweet will of the members of society. If you cannot impose a rule it is better not to have it. Thus, law is made obligatory on the members of the society.

(iv) Law is enforced by the executive:

Obviously, unless a law is enforced it ceases to be a law and those persons subject to it will regard it as dead. For example, if A steals B’s bicycle, he may be prosecuted by a court and may be punished. Also, the court may order the restitution of the bicycle to its rightful owner i.e., B.

If the government passes many laws but does not attempt to enforce them, the citizens lose their respect for government and law, and society is greatly weakened. The force used is known as sanction which the state administers to secure obedience to its law. Fear of consequences, such as punishment, ensures observance of law.

(v) The state:

A state is a territorial division, with people therein subject to a uniform system of law administered by some authority of the state. Thus, law presupposes a state.

(vi) Content of law:

The law is a living thing and changes throughout the course of history. Law responds to public opinion and changes accordingly. Law can never be static. Therefore, amendments are made in different laws from time to time. For example, the monopolistic and Restrictive Trade Practices Act, 1969, has been subjected to many amendments since its inception in 1969.

(vii) Two basic ideas involved in law:

The tow basic ideas involved in any law are: (i) to maintain some from of social order in a group and (ii) to compel members of the group to be within that order. These basic ideas underlie formulation of any rules for the members of a group.

A group is created because first, there is a social instinct in the people to live together and secondly, it helps them in self-preservation. Rules are made by members of the group, so that the group doesn’t wither away. As the members are interested in continuing the group, penalty is provided for the non-observance of the rules.

(viii) Law is made to serve some purpose which may be social, economic or political:

Some examples of ‘law’ in the widest sense of the term. ‘Law’ in its widest sense may include: (i) Moral rules or etiquettes, the non-observance of which may lead to public ridicule, (ii) Law of the Land -the non­­-observance of which may lead to arrest, imprisonment, fines, etc., (iii) Rules of international law, the non- observance of which may lead to social boycott, trade-sanctions, cold war, hot war, proxy war, etc,

Law and Morality:

It was stated earlier that one the characteristics of law is that it is for the guidance or conduct of persons. This is so in the case of morality also as there is a close relationship between the two. In fact law not only has its origin in morality, but also is easier to enforce when people yield to government for moral reasons.

However, a person does not show respect for an elderly person on the street, the law will take no action, although he stands condemned by the moral judgment of people on the street. On the other hand, the law occasionally has to decide on a person who is not morally at fault. For instance X appoints Y as his agent. Y enters into contact with Z on behalf of X. Y commits fraud in the transaction and thereby injures Z. X is bound to compensate Z. Further, there are some actions in which both morality and legality are involved.