Law

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What is Law

What is Law

Law is the body of customs and rules governing human conduct of a community, which is formally recognized as binding among those persons who constitute that community and those rules are enforced by a controlling authority in that community.

Customs

Customs are one of the sources of law. Customs are habitual ways of doing things followed by people in a community. The customs are followed by many people for many years in that area until it becomes a requirement to follow those customs.

Laws are purposefully established while customs are naturally established with time.

Customs are like norms followed repeatedly naturally in the community until it is no longer only a norm but everyone is required to follow them.

Customary laws are customs which are considered as legally binding on people in a particular community or state. They are accepted as legal requirements and obligatory rules of conduct, and failure to follow them, certain punishment is definite.

An example is a customary marriage

Rules Governing Human Conduct

Laws govern the human conduct of citizens of the state. Citizens are told what to do and what not to do in various situation by the law. Therefore their actions will be accordance to the law.

Binding

All citizens are expected to follow all these rules while in that state. Failure to comply, stipulated punishment is given to all law breakers.

Enforced

This simply means, to ensure all the laws are followed by citizens. Obedience to the laws is required and forced. Failure to obey the laws, punishment is specified.

Controlling Authority

This refers to a person or a group of people who were given the power by the government to restrict, govern, monitor and control people to obey the law. The controlling authority is the one that enforces the laws, so law enforcement is done by the controlling authority.

Examples of controlling authorities include the police, local authority and the courts.

Characteristics of Law

  1. Set of rules
    1. These create binding, authoritative values and decisions in state
    2. These highlights what should be done and what should not be done 
  2. Govern human conduct
    1. Defines what we can do and what we must not do
    2. Examples of what we can do -
      1. Freedoms of association and religious beliefs
      2. Freedoms to peaceful demonstrations
      3. rights and obligations as defined in contracts as per commercial law
    3. Examples of what we cannot do - 
      1. Murder, robbery, assault
      2. Fraud, misrepresentation of facts
  3. Created and upheld by the state
    1. The state manages the creation and maintenance of the laws
    2. Laws are usually created through the legislation
    3. State write downs the laws and make sure that they are followed
  4. Backed by coercive authority
    1. Examples of those who help in enforcing the law are the police, local authority and the courts
  5. Violation of laws attracts punishment
    1. Violation of the laws leads to punishment
    2. Punishments are also prescribed by the law
    3. Punishment varies from fines, community service, imprisonment and sometimes death penalty

Sources

  1. Commercial Law Tutorials
  2. Political Science View
  3. www.toppr.com

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