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Nature of Law and
Administration of Justice
By
Dr. Rajashree Jawale
Assistant Professor
Ismailsaheb Mulla Law College Satara
Contents of the topic:
Definition and kinds of Law
Various Sources of Law
Nature of Law- Natural LAW
Law and Morals - Law and Justice
Administration of Justice
Definition and kinds of Law
Definition of Law
kinds of Law
Concepts of Law
The Oxford English Dictionary defines the law as:
‘the body of rules, whether proceeding from formal enactment or from custom, which a
particular state or community recognizes as binding on its members or subjects.’
Definition of Law
Law
The system of rules which a particular country or community recognizes as
regulating the actions of its members and which it may enforce by the
imposition of penalties.
the principles and regulations established in a community by some authority and
applicable to its people, whether in the form of legislation or of custom and policies
recognized and enforced by judicial decision.
any written or positive rule or collection of rules prescribed under the authority of the
state or nation, as by the people in its constitution.Compare bylaw, statutory law.
the controlling influence of such rules; the condition of society brought about by their
observance:maintaining law and order.
cont...
Law follows certain practices and customs in order to deal with crime, business,
social relationships, property, finance, etc. The Law is controlled and enforced by
the controlling authority.
Various Definitions of Law
Natural School
In the natural school of thought, a court of justice decides all the laws. There are
two main parts of this definition. One, to actually understand a certain law, an
individual must be aware of its purpose. Two, to comprehend the true nature of
law, one must consult the courts and not the legislature.
cont...
Positivistic Definition of Law
John Austin’s law definition states “Law is the aggregate set of rules set by a
man as politically superior, or sovereign to men, as political subjects.” Thus, this
definition defines law as a set of rules to be followed by everyone, regardless of
their stature.
Hans Kelsen created the ‘pure theory of law’. Kelsen states that law is a
‘normative science’. In Kelson’s law definition, the law does not seek to describe
what must occur, but rather only defines certain rules to abide by.
Historical Law Definition
Friedrich Karl von Savigny gave the historical law definition. His law
definition states the following theories.
● Law is a matter of unconscious and organic growth.
● The nature of law is not universal. Just like language, it varies with
people and age.
● Custom not only precedes legislation but it is superior to it. Law should
always conform to the popular consciousness because of customs.
● Law has its source in the common consciousness (Volkgeist) of the
people.
● The legislation is the last stage of lawmaking, and, therefore, the lawyer
or the jurist is more important than the legislator.
Sociological Definition of Law
Leon Duguit states that law as “essentially and exclusively as a social fact.”
Rudolph Von Ihering’s law definition. – “The form of the guarantee of conditions of life of society,
assured by State’s power of constraint.”
This definition has three important parts. One, the law is a means of social control. Two, the law is
to serve the purposes of the society. Three, law due to its nature, is coercive.
Roscoe Pound studied the term law and thus came up with his own law definition. He considered
the law to be predominantly a tool of social engineering. Where conflicting pulls of political
philosophy, economic interests, and ethical values constantly struggled for recognition.
Realist Definition of Law
The realist law definition describes the law in terms of judicial processes. Oliver Wendell Holmes
stated – “Law is a statement of the circumstances in which public force will be brought to bear
upon through courts.”
According to Benjamin Nathan Cardozo who stated “A principle or rule of conduct so
established as to justify a prediction with reasonable certainty that it will be enforced by the courts
if its authority is challenged, is a principle or rule of law.”
As the above law definitions state, human behavior in the society is controlled with the help of law.
It aids in the cooperation between members of a society. Law also helps to avoid any potential
conflict of interest and also helps to resolve them.
cont….
1. “Law is the command of the sovereign.” “It is the command of the superior to
an inferior and force is the sanction behind Law.” —Austin
2. “A Law is a general rule of external behaviour enforced by a sovereign political
authority.” -Holland
In simple words, Law is a definite rule of behaviour which is backed by the
sovereign power of the State. It is a general rule of human conduct in society
which is made and enforced by the government’ Each Law is a binding and
authoritative rule or value or decision. Its every violation is punished by the state.
Nature/Features of Law
1. Law is a general rule of human behaviour in the state. It applies to all people of the state. All are
equally subject to the laws of their State. Aliens living in the territory of the State are also bound by
the laws of the state.
2. Law is definite and it is the formulated will of the State. It is a rule made and implemented by the
state.
3. State always acts through Law. Laws are made and enforced by the government of the State.
4. Law creates binding and authoritative values or decisions or rules for all the people of state.
5. Sovereignty of State is the basis of law and its binding character.
6. Law is backed by the coercive power of the State. Violations of laws are always punished.
7. Punishments are also prescribed by Law.
CONT...
8. The courts settle all disputes among the people on the basis of law.
9. In each State, there is only one body of Law.
10. Legally, Law is a command of the sovereign. In contemporary times laws are made by the
representatives of the people who constitute the legislature of the State. Laws are backed by on
public opinion and public needs.
11. The purpose of Law is to provide peace, protection, and security to the people and to ensure
conditions for their all round development. Law also provides protection to the rights and freedoms
of the people.
12. All disputes among the people are settled by the courts on the basis of an interpretation and
application of the laws of the State.
CONT...
13. Rule of law, equality before law and equal protection of law for all without any
discrimination, are recognised as the salient features of a modern legal system
and liberal democratic state.
kinds of Law
Law is a rule of conduct. Conduct is behaviour. Behaviour is on the
earth, between human beings for the sake of maintaining peace and
order. The growth, development and further progress of mankind
requires it every where. Law regulates almost all aspects of human life.
Terms like human rights and fundamental rights are of great use when
there are laws behind them to define, execute and implement them.
They are of no use if there is no such law in any society.
CONT...
Broadly speaking there are two main kinds of Law:
(i) National Law i.e. the body of rules which regulates the actions of the people in
society and it is backed by the coercive power of the State.
(ii) International Law i.e. the body of rules which guides and directs the
behaviour of the states in international relations. It is backed by their willingness
and consent that the states obey rules of International Law. It is a law among
nations and is not backed by any coercive power.
National Law is the law by which the people are governed by the state.
It stands classified into several kinds:
CONT...
1. Constitutional Law
2. Ordinary Law:
It is stands classified into two sub types:
2 (a) Private Law
2(b) Public Law:
It stands again sub-divided into two parts:
2(b) (i) General Public Law
2(b) (ii) Administrative Law
cont...
1. Constitutional Law:
Constitutional Law is the supreme law of the country. It stands written in the
Constitution of the State. The Constitutional Law lays down the organisation,
powers, functions and inter-relationship of the three organs of government. It
also lays down the relationship between the people and the government as well as
the rights, freedoms (fundamental rights) and duties of the citizens. It can be
called the Law of the laws in the sense all law-making in the State is done on the
basis of powers granted by the Constitutional Law i.e. the Constitution.
cont….
2. Statute Law or Ordinary Law:
It is also called the national law or the municipal law. It is made by the
government (legislature) and it determines and regulates the conduct and
behaviour of the people. It lays down the relations among the people and their
associations, organisations, groups and institutions. The legislature makes laws,
the executive implements these and judiciary interprets and applies these to
specific cases.
CONT...
Ordinary Law is classified into two parts:
2 (a) Private Law and
2 (b) Public Law.
2 (a) Private Law:
Private Law regulates the relations among individuals. It lays down rules
regarding the conduct of the individual in society and his relations with other
persons. It guarantees the enjoyment of his rights. It is through this law that the
State acts as the arbiter of disputes between any two individuals or their groups.
CONT...
2 (b) Public Law:
The law which regulates the relations between the individual and the State is Public Law. It is made
and enforced by the State on behalf of the community.
Public Law stands sub divided into two categories:
2(b)(i) General Law, and 2(b)(ii) Administrative Law.
2(b) (i) General Law:
It lays down the relations between the private citizens (Non-officials or who are not members of the
civil service) and the State. General Public Law applies to all the citizens in their relations with the
State.
CONT...
2(b) (ii) Administrative Law:
It lays down the rules governing the exercise of the constitutional authority which
stands delegated by the Constitution of the State to all the organs of government.
It also governs the relations between the civil servants and the public and lays
down the relations between the civil servants and the State. In some States like
France, Administrative Law is administered by Administrative Courts and
General Law is administered by ordinary courts. However in countries like India,
Britain and the USA the same courts administer both the General Law and
Administrative Law.
cont...
Clarifying the distinction between Public law and Private law, Holland
writes: “In Private Law the parties concerned are private individuals
alone and between whom stands the State as an impartial arbiter. In
Public Law also the State is present as an arbiter although it is at the
same time one of the parties interested.”
Sources of Law
1. Custom:
Custom has been one of the oldest sources of law. In ancient times, social relations gave rise to
several usages, traditions and customs. These were used to settle and decide disputes among the
people. Customs were practiced habitually and violations of customs were disapproved and
punished by the society. Initially social institutions began working on the basis of several accepted
customs.
Gradually, the State emerged as the organised political institution of the people having the
responsibility to maintain peace, law and order; naturally, it also began acting by making and
enforcing rules based upon customs and traditions. In fact, most of the laws had their birth when
the State began converting the customs into authoritative and binding rules. Custom has been
indeed a rich source of Law.
2. Religion and Morality:
Religion and religious codes appeared naturally in every society when human beings began
observing, enjoying and fearing natural forces. These were accepted as superior heavenly forces
(Gods and Goddesses) and worshiped.
Religion then started regulating the behaviour of people and began invoking “Godly sanction”,
“fear of hell”, and “possible fruits of heaven”, for enforcing the religious codes. It compelled the
people to accept and obey religious codes. Several religions came forward to formulate and
prescribe definite codes of conduct. The rules of morality also appeared in society. These defined
what was good & what was bad, what was right and what was wrong.
The religious and moral codes of a society provided to the State the necessary material for
regulating the actions of the people. The State converted several moral and religious rules into its
laws. Hence Religion and Morality have also been important sources of Law.
3. Legislation:
Since the emergence of legislatures in 13th century, legislation has emerged as the chief source of
Law. Traditionally, the State depended upon customs and the decrees or orders of the King for
regulating the behaviour of the people. Later on, the legislature emerged as an organ of the
government. It began transforming the customary rules of behaviour into definite and enacted
rules of behaviour of the people.
The King, as the sovereign, started giving these his approval. Soon legislation emerged as the chief
source of law and the legislature got recognition as the Legal Sovereign i.e. law-making organ of the
State. In contemporary times, legislation has come to be the most potent, prolific and direct source
of law. It has come to be recognized as the chief means for the formulation of the will of the State
into binding rules.
cont...
4. Delegated Legislation:
Because of several pressing reasons like paucity of time, lack of expertise and
increased demand for law-making, the legislature of a State finds it essential to
delegate some of its law-making powers to the executive. The executive then
makes laws/rules under this system. It is known as Delegated Legislation.
Currently, Delegated Legislation has come to be a big source of Law. However,
Delegated Legislation always works under the superior law-making power of the
Legislature.
4. Judicial Decisions:
In contemporary times, Judicial Decision has come to be an important source of
Law. It is the responsibility of the courts to interpret and apply laws to specific
cases. The courts settle the disputes of the people in cases that come before them.
The decisions of the courts – the judicial decisions, are binding on the parties to
the case. These also get accepted as laws for future cases. But not all judicial
decisions are laws.
Only the judicial decisions given by the apex court or the courts which stand
recognized as the Courts of Record, (like the Supreme Court and High Courts of
India) are recognized and used as laws proper. Lower Courts can settle their cases
on the basis of such judicial decisions.
cont...
5. Equity:
Equity means fairness and sense of justice. It is also a source of Law. For deciding
cases, the judges interpret and apply laws to the specific cases. But laws cannot
fully fit in each case and these can be silent in some respects. In all such cases,
the judges depend on equity and act in accordance with their sense of fair play
and justice. Equity is used to provide relief to the aggrieved parties and such
decisions perform the function of laying down rules for the future. As such equity
acts as a source of law.
6. Scientific Commentaries:
The works of eminent jurists always include scientific commentaries on the Constitution and the
laws of each state. These are used by the courts for determining the meaning of law. It helps the
courts to interpret and apply laws.
The jurists not only discuss and explain the existing law but also suggest the future possible rules of
behaviour. They also highlight the weaknesses of the existing laws as well as the ways to overcome
these. Interpretations given by them help the judges to interpret and apply Laws to specific cases.
The works of jurists like, Blackstone, Dicey, Wade, Phillips, Seeravai, B.Pi. Rau, D.D. Basu and
others have been always held in high esteem by the judges in India. Scientific commentaries jurists
always help the development and evolution of law. Hence these also constitute a source of law.
Thus, Law has several sources. However, in contemporary times law-making by the legislature
constitutes the chief source of Law.
Natural law
Natural law, in philosophy, a system of right or justice held to be common to all humans
and derived from nature rather than from the rules of society, or positive law.
Early Formulations Of The
Concept Of Natural Law
Aristotle (384–322 BCE) held that what was “just by nature” was not always the same as what was
“just by law,” that there was a natural justice valid everywhere with the same force and “not existing
by people’s thinking this or that,” and that appeal could be made to it from positive law. However, he
drew his examples of natural law primarily from his observation of the Greeks in their city-states,
who subordinated women to men, slaves to citizens, and “barbarians” to Hellenes. In contrast, the
Stoics conceived of an entirely egalitarian law of nature in conformity with the logos (reason)
inherent in the human mind. Roman jurists paid lip service to this notion, which was reflected in the
writings of St. Paul (c. 10–67 CE), who described a law “written in the hearts” of the Gentiles (Romans
2:14–15).
CONT...
St. Augustine of Hippo (354–430) embraced Paul’s notion and developed
the idea of man’s having lived freely under natural law before his fall and
subsequent bondage under sin and positive law. In the 12th century,
Gratian, an Italian monk and father of the study of canon law, equated
natural law with divine law—that is, with the revealed law of the Old and
the New Testament, in particular the Christian version of the Golden
Rule.
St. Thomas Aquinas (c. 1224/25–1274) propounded an influential systematization,
maintaining that, though the eternal law of divine reason is unknowable to us in its
perfection as it exists in God’s mind, it is known to us in part not only by revelation
but also by the operations of our reason. The law of nature, which is “nothing else
than the participation of the eternal law in the rational creature,” thus comprises
those precepts that humankind is able to formulate—namely, the preservation of
one’s own good, the fulfillment of “those inclinations which nature has taught to all
animals,” and the pursuit of the knowledge of God. Human law must be the
particular application of natural law.
Natural law
THE traditional view of natural law is that it is a body of immutable rules superior to positive
law. It is ideal law since it consists of the highest principles of morality towards which
humanity is striving. It is also absolute law since it is not the result of any convention, but is
discoverable by the exercise of reason. “The law of nature,” wrote Grotius, “ is a dictate of
right reason, which points out that an act, according as it is or is not in conformity with
rational nature, has in it a quality of moral baseness or moral necessity; and that in
consequence such an act is either forbidden or enjoined by the author of nature, God.” It
should be noted that the rational nature of man is not necessarily subordinate to the will of
God, and Grotius himself stated as a hypothesis that natural law is so immutable that “even
God . . . cannot cause that two times two should not make four.” It was thus possible to be a
rationalist and a natural lawyer and, although the religious interpretation has survived to this
day through scholastic theology, there is another side to the classical natural law doctrine
which it rationalistic
LAW
Law is an enactment made by the state. It is backed by physical coercion. Its breach is
punishable by the courts. It represents the will of the state and realizes its purpose.
Laws reflect the political, social and economic relationships in the society. It determines
rights and duties of the citizens towards one another and towards the state.
It is through law that the government fulfils its promises to the people. It reflects the
sociological need of society.
Law and morality are intimately related to each other. Laws are generally based on the
moral principles of society. Both regulate the conduct of the individual in society.
LAW AND JUSTICE
Law cannot attempt to regulate the purely interior sphere of personal conduct;
morality can. Human or civil law is connected with external actions, precisely
insofar and because they impinge on the rights or lawful actions of others.
Hence the necessary connection of law with justice. For the regulation of
interpersonal relations must work from the basic principle of justice: "to each
his due". Hence arises the fundamental question of what is due to each one,
and from this the further question of human rights.
Law and Morality
Law and justice
Law cannot attempt to regulate the purely interior sphere of personal
conduct; morality can. Human or civil law is connected with external
actions, precisely insofar and because they impinge on the rights or
lawful actions of others. Hence the necessary connection of law with
justice.
LAW AND MORALS
Law and Morals act and react upon and mould each other. In the name of ‘justice’, ‘equity’, ‘good
faith’, and ‘conscience’ morals have in-filtered into the fabrics of law. In judicial law making, in the
interpretation of legal precepts, in exercising judicial discretion (as in awarding punishment) moral
considerations play a very important role. Morals work as a restraint upon the power of the legislature
because the legislature cannot venture to make a law which is completely against the morals of the
society. Secondly, all human conduct and social relations cannot be regulated and governed by law
alone. A considerable number of them are regulated by morals. A number of action and relations in
the life of the community go on very smoothly without any intervention by law. Their observance is
secured by morals. So far as the legal rules are concerned, it is not the legal sanction alone that
ensure their obedience but morals also help in it. Thus, morals perfect the law. ‘In marriage, so long
as love persist, there is little need of law to rule the relations of the husband and wife – but the
solicitor comes in through the door, as love flies out of the window.’
Moral as a part of law
H.L.A Hart.
Law regulates and controls
the external human conduct.
It is not concerned with inner
motives. A person may be
having an evil intention in his
or her mind but law does not
care for it.
Morality regulates
and controls both the
inner motives and
the external actions.
It is concerned with
the whole life of
man.
CONT...
We may conclude the discussion in the words of Gilchrist, "The individual moral life
manifests itself in manifold ways. The state is the supreme condition of the
individual moral life, for without the state no moral life is possible.
The state, therefore, regulates other organizations in the common interest. The
state, however, has a direct function in relation to morality."
Laws may be defined as external rules of human conduct backed by the sovereign
political authority. Law and morality are intimately related to each other.
Laws are generally based on the moral principles of a particular society.
Some points of distinction may be brought out as follows:
(a) Laws regulate external human conduct whereas morality mainly regulates internal
conduct.
(b) Laws are universal; morality is variable.
(c) Laws are definite and precise while morality is variable.
(d) Laws are upheld by the coercive power of the state; morality simply enjoys the support of
public opinion or individual conscience.
(e) Laws are studied under Jurisprudence but morality is studied under Ethics.
CONT...
Generally, legal rules are composite and are derived from heterogeneous source. In India, if we
examine all the legal perspective, we shall find that some of them have come from personal laws
and local custom, a good number of them are based on foreign rules and principles (mainly
English), some are based on the logic or political ideology and so on. Secondly, ‘public opinion’
which greatly influences law is made up of a number of things – political ideas, economic theory,
ethical philosophy etc. These directly and indirectly influence law. Therefore, when so many
elements work in shaping the legal precepts, the matter cannot be put in such a simple way as the
‘relation between law and morals’, because a number of factors join hands in influencing law, and
morals is only one of them. However, some observations can be made about the relationship
between law and morals.
sociological approach has got its impact upon the modern age. This approach is more
concerned with the ends that law has to pursue. Thus, recognized values, or, in other
words, morals (of course the morals of the modern age) have become a very important
subject of study for good law making. On international law also morals are exercising a
great influence. The brutalities and inhuman acts in World Wars made the people to turn
back to morals and efforts are being made to establish standards and values which the
nations must follow. Perhaps there is no other so forceful ground to justify the Nuremberg
Trials as morals. If the law is to remain closer to the life of the people and effective, it must
not ignore morals.
Administration of Justice
Salmond said that the Administration of Justice implies maintenance of rights
within a political community by means of the physical force of the state. However
orderly society may be, the element of force is always present and operative. ... It
is the social nature of men that inspires him to live in a community.
‘Importance of Justice’-
a. Salmond- Salmond said that the ‘Definition of law itself reflects that Administration of
Justice has to be done by the state on the basis of rules and principles recognized’.
b. Roscoe Pound- He believed that it is the court who has to administer justice in a state.
Both, Roscoe Pound and Salmond emphasized upon the Courts in propounding law.
However, Roscoe Pound stressed more on the role of courts whereas Salmond stressed
more on the role of the State.
Administration of Justice
Administration of Justice- There are two essential functions of every State:
a. War
b. Administration of Justice
Theorists have said that that if a state is not capable of performing the above mentioned functions, it is
not a state.
Salmond said that the Administration of Justice implies maintenance of rights within a political
community by means of the physical force of the state. However orderly society may be, the element
of force is always present and operative. It becomes latent but it still exists.
Also, in a society, social sanction is an effective instrument only if it is associated with and supplemented
by concentrated and irresistible force of the community. Social Sanction cannot be a substitute for the
physical force of the state.
Origin and Growth of the concept of Administration of Justice
It is the social nature of men that inspires him to live in a community. This social nature of men demands that
he must reside in a society. However, living in a society leads to conflict of interests and gives rise to the need
for Administration of Justice. This is considered to be the historical basis for the growth of administration of
justice.
Once the need for Administration of Justice was recognized, the State came into being. Initially, the so called
State was not strong enough to regulate crime and impart punishment to the criminals. During that point of
time, the law was one of Private Vengeance and Self-Help.
In the next phase of the development of Administration of Justice, the State came into full-fledged existence.
With the growth in the power of the state, the state began to act like a judge to assess liability and impose
penalty on the individuals. The concept of Public Enquiry and Punishment became a reality.
Thus, the modern Administration of Justice is a natural corollary to the growth in the power of the political
state.
Classification of Justice
Classification of Justice- It can be divided into two parts
a. Private Justice- This is considered to be the justice between individuals. Private
Justice is a relationship between individuals. It is an end for which the court exists.
Private persons are not allowed to take the law in their own hands. It reflects the
ethical justice that ought to exist between the individuals.
b. Public Justice- Public Justice administered by the state through its own tribunals
and courts. It regulates the relationship between the courts and individuals. Public
Justice is the means by which courts fulfil that ends of Private Justice.
Concept of Justice According to Law
Justice is rendered to the people by the courts. Justice rendered must always be
in accordance with the law. However, it is not always justice that is rendered by
the courts. This is because the judges are not legislators, they are merely the
interpreters of law. It is not the duty of the court to correct the defects in law. The
only function of the judges is to administer the law as made by the legislature.
Hence, in the modern state, the administration of justice according to law is
commonly considered as ‘implying recognition of fixed rules’.
Civil and Criminal Justice
Civil Justice and Criminal follow from Public Justice and Private Justice. Looking from a
practical standpoint, important distinctions lie in the legal consequences of the two. Civil
Justice and Criminal Justice are administered by a different set of courts.
A Civil Proceeding usually results in a judgment for damages or injunction or restitution or
specific decree or other such civil reliefs. However, a Criminal Proceeding usually results
in punishment. There are myriad number of punishments ranging from hanging to fine to
probation. Therefore, Salmond said that ‘the basic objective of a criminal proceeding is
punishment and the usual goal of a civil proceeding is not punitive’.
Theories of Punishment
a. Deterrent Theory
b. Preventive Theory
c. Reformative Theory
d. Retributive Theory
e. Theory of Compensation
Deterrent Theory- Salmond said that the deterrent aspect of punishment is extremely important.
The object of punishment is not only to prevent the wrongdoer from committing the crime again but
also to make him an example in front of the other such persons who have similar criminal
tendencies.
The aim of this theory is not to seek revenge but terrorize people. As per this theory, an exemplary
punishment should be given to the criminal so that others may take a lesson from his experience.
cont...
b. Preventive Theory- This theory believes that the object of punishment is to prevent or disable the
wrongdoer from committing the crime again. Deterrent theory aims at giving a warning to the society at
large whereas under Preventive Theory, the main aim is to disable the wrongdoer from repeating the
criminal activity by disabling his physical power to commit crime.
c. Reformative Theory- This theory believes that Punishment should exist to reform the criminal. Even if
an offender commits a crime, he does not cease to be a human being. He might have committed the
crime under circumstances which might never occur again. Thus, the main object of Punishment under
Reformative theory is to bring about a moral reform in the offender. Certain guidelines have been
prescribed under this theory.
cont...
Retributive Theory- In primitive societies, the punishment was mostly retributive in
nature and the person wronged was allowed to have his revenge against the wrongdoer.
The principle was “an eye for an eye”. This principle was recognized and followed for a
long time. Retributive theory believes that it is an end in itself, apart from a gain to the
society and the victim, the criminal should meet his reward in equivalent suffering.
References:
https://www.toppr.com/guides/business-law-cs/introduction-to-law/various-definitions-of-law/
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2498084
https://www.yourarticlelibrary.com/essay/law-essay/law-meaning-features-sources-and-types-of-law/40363
http://www.legalservicesindia.com/article/1931/Theory-of-Relationship-between-Law-and-Morality.html#:~:text=
Law%20and%20justice,connection%20of%20law%20with%20justice.
http://www.desikanoon.co.in/2012/08/jurisprudence-notes-administration-of.html#:~:text=Salmond%20said%20t
hat%20the%20Administration,is%20always%20present%20and%20operative.&text=It%20is%20the%20social%
20nature,to%20live%20in%20a%20community.
https://onlinelibrary.wiley.com/doi/pdf/10.1111/j.1468-2230.1958.tb00498.x
https://www.britannica.com/topic/royalty-law
V.D. Mahajan JURISPRUDENCE
Rohinton Mehata Jurisprudence
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Nature of law and administration of justice by Dr. Rajashree J. Jawale

  • 1. Nature of Law and Administration of Justice By Dr. Rajashree Jawale Assistant Professor Ismailsaheb Mulla Law College Satara
  • 2. Contents of the topic: Definition and kinds of Law Various Sources of Law Nature of Law- Natural LAW Law and Morals - Law and Justice Administration of Justice
  • 3. Definition and kinds of Law Definition of Law kinds of Law Concepts of Law The Oxford English Dictionary defines the law as: ‘the body of rules, whether proceeding from formal enactment or from custom, which a particular state or community recognizes as binding on its members or subjects.’
  • 4. Definition of Law Law The system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties. the principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision. any written or positive rule or collection of rules prescribed under the authority of the state or nation, as by the people in its constitution.Compare bylaw, statutory law. the controlling influence of such rules; the condition of society brought about by their observance:maintaining law and order.
  • 5. cont... Law follows certain practices and customs in order to deal with crime, business, social relationships, property, finance, etc. The Law is controlled and enforced by the controlling authority.
  • 6. Various Definitions of Law Natural School In the natural school of thought, a court of justice decides all the laws. There are two main parts of this definition. One, to actually understand a certain law, an individual must be aware of its purpose. Two, to comprehend the true nature of law, one must consult the courts and not the legislature.
  • 7. cont... Positivistic Definition of Law John Austin’s law definition states “Law is the aggregate set of rules set by a man as politically superior, or sovereign to men, as political subjects.” Thus, this definition defines law as a set of rules to be followed by everyone, regardless of their stature. Hans Kelsen created the ‘pure theory of law’. Kelsen states that law is a ‘normative science’. In Kelson’s law definition, the law does not seek to describe what must occur, but rather only defines certain rules to abide by.
  • 8. Historical Law Definition Friedrich Karl von Savigny gave the historical law definition. His law definition states the following theories. ● Law is a matter of unconscious and organic growth. ● The nature of law is not universal. Just like language, it varies with people and age. ● Custom not only precedes legislation but it is superior to it. Law should always conform to the popular consciousness because of customs. ● Law has its source in the common consciousness (Volkgeist) of the people. ● The legislation is the last stage of lawmaking, and, therefore, the lawyer or the jurist is more important than the legislator.
  • 9. Sociological Definition of Law Leon Duguit states that law as “essentially and exclusively as a social fact.” Rudolph Von Ihering’s law definition. – “The form of the guarantee of conditions of life of society, assured by State’s power of constraint.” This definition has three important parts. One, the law is a means of social control. Two, the law is to serve the purposes of the society. Three, law due to its nature, is coercive. Roscoe Pound studied the term law and thus came up with his own law definition. He considered the law to be predominantly a tool of social engineering. Where conflicting pulls of political philosophy, economic interests, and ethical values constantly struggled for recognition.
  • 10. Realist Definition of Law The realist law definition describes the law in terms of judicial processes. Oliver Wendell Holmes stated – “Law is a statement of the circumstances in which public force will be brought to bear upon through courts.” According to Benjamin Nathan Cardozo who stated “A principle or rule of conduct so established as to justify a prediction with reasonable certainty that it will be enforced by the courts if its authority is challenged, is a principle or rule of law.” As the above law definitions state, human behavior in the society is controlled with the help of law. It aids in the cooperation between members of a society. Law also helps to avoid any potential conflict of interest and also helps to resolve them.
  • 11. cont…. 1. “Law is the command of the sovereign.” “It is the command of the superior to an inferior and force is the sanction behind Law.” —Austin 2. “A Law is a general rule of external behaviour enforced by a sovereign political authority.” -Holland In simple words, Law is a definite rule of behaviour which is backed by the sovereign power of the State. It is a general rule of human conduct in society which is made and enforced by the government’ Each Law is a binding and authoritative rule or value or decision. Its every violation is punished by the state.
  • 12. Nature/Features of Law 1. Law is a general rule of human behaviour in the state. It applies to all people of the state. All are equally subject to the laws of their State. Aliens living in the territory of the State are also bound by the laws of the state. 2. Law is definite and it is the formulated will of the State. It is a rule made and implemented by the state. 3. State always acts through Law. Laws are made and enforced by the government of the State. 4. Law creates binding and authoritative values or decisions or rules for all the people of state. 5. Sovereignty of State is the basis of law and its binding character. 6. Law is backed by the coercive power of the State. Violations of laws are always punished. 7. Punishments are also prescribed by Law.
  • 13. CONT... 8. The courts settle all disputes among the people on the basis of law. 9. In each State, there is only one body of Law. 10. Legally, Law is a command of the sovereign. In contemporary times laws are made by the representatives of the people who constitute the legislature of the State. Laws are backed by on public opinion and public needs. 11. The purpose of Law is to provide peace, protection, and security to the people and to ensure conditions for their all round development. Law also provides protection to the rights and freedoms of the people. 12. All disputes among the people are settled by the courts on the basis of an interpretation and application of the laws of the State.
  • 14. CONT... 13. Rule of law, equality before law and equal protection of law for all without any discrimination, are recognised as the salient features of a modern legal system and liberal democratic state.
  • 15. kinds of Law Law is a rule of conduct. Conduct is behaviour. Behaviour is on the earth, between human beings for the sake of maintaining peace and order. The growth, development and further progress of mankind requires it every where. Law regulates almost all aspects of human life. Terms like human rights and fundamental rights are of great use when there are laws behind them to define, execute and implement them. They are of no use if there is no such law in any society.
  • 16. CONT... Broadly speaking there are two main kinds of Law: (i) National Law i.e. the body of rules which regulates the actions of the people in society and it is backed by the coercive power of the State. (ii) International Law i.e. the body of rules which guides and directs the behaviour of the states in international relations. It is backed by their willingness and consent that the states obey rules of International Law. It is a law among nations and is not backed by any coercive power. National Law is the law by which the people are governed by the state. It stands classified into several kinds:
  • 17. CONT... 1. Constitutional Law 2. Ordinary Law: It is stands classified into two sub types: 2 (a) Private Law 2(b) Public Law: It stands again sub-divided into two parts: 2(b) (i) General Public Law 2(b) (ii) Administrative Law
  • 18. cont... 1. Constitutional Law: Constitutional Law is the supreme law of the country. It stands written in the Constitution of the State. The Constitutional Law lays down the organisation, powers, functions and inter-relationship of the three organs of government. It also lays down the relationship between the people and the government as well as the rights, freedoms (fundamental rights) and duties of the citizens. It can be called the Law of the laws in the sense all law-making in the State is done on the basis of powers granted by the Constitutional Law i.e. the Constitution.
  • 19. cont…. 2. Statute Law or Ordinary Law: It is also called the national law or the municipal law. It is made by the government (legislature) and it determines and regulates the conduct and behaviour of the people. It lays down the relations among the people and their associations, organisations, groups and institutions. The legislature makes laws, the executive implements these and judiciary interprets and applies these to specific cases.
  • 20. CONT... Ordinary Law is classified into two parts: 2 (a) Private Law and 2 (b) Public Law. 2 (a) Private Law: Private Law regulates the relations among individuals. It lays down rules regarding the conduct of the individual in society and his relations with other persons. It guarantees the enjoyment of his rights. It is through this law that the State acts as the arbiter of disputes between any two individuals or their groups.
  • 21. CONT... 2 (b) Public Law: The law which regulates the relations between the individual and the State is Public Law. It is made and enforced by the State on behalf of the community. Public Law stands sub divided into two categories: 2(b)(i) General Law, and 2(b)(ii) Administrative Law. 2(b) (i) General Law: It lays down the relations between the private citizens (Non-officials or who are not members of the civil service) and the State. General Public Law applies to all the citizens in their relations with the State.
  • 22. CONT... 2(b) (ii) Administrative Law: It lays down the rules governing the exercise of the constitutional authority which stands delegated by the Constitution of the State to all the organs of government. It also governs the relations between the civil servants and the public and lays down the relations between the civil servants and the State. In some States like France, Administrative Law is administered by Administrative Courts and General Law is administered by ordinary courts. However in countries like India, Britain and the USA the same courts administer both the General Law and Administrative Law.
  • 23. cont... Clarifying the distinction between Public law and Private law, Holland writes: “In Private Law the parties concerned are private individuals alone and between whom stands the State as an impartial arbiter. In Public Law also the State is present as an arbiter although it is at the same time one of the parties interested.”
  • 24. Sources of Law 1. Custom: Custom has been one of the oldest sources of law. In ancient times, social relations gave rise to several usages, traditions and customs. These were used to settle and decide disputes among the people. Customs were practiced habitually and violations of customs were disapproved and punished by the society. Initially social institutions began working on the basis of several accepted customs. Gradually, the State emerged as the organised political institution of the people having the responsibility to maintain peace, law and order; naturally, it also began acting by making and enforcing rules based upon customs and traditions. In fact, most of the laws had their birth when the State began converting the customs into authoritative and binding rules. Custom has been indeed a rich source of Law.
  • 25. 2. Religion and Morality: Religion and religious codes appeared naturally in every society when human beings began observing, enjoying and fearing natural forces. These were accepted as superior heavenly forces (Gods and Goddesses) and worshiped. Religion then started regulating the behaviour of people and began invoking “Godly sanction”, “fear of hell”, and “possible fruits of heaven”, for enforcing the religious codes. It compelled the people to accept and obey religious codes. Several religions came forward to formulate and prescribe definite codes of conduct. The rules of morality also appeared in society. These defined what was good & what was bad, what was right and what was wrong. The religious and moral codes of a society provided to the State the necessary material for regulating the actions of the people. The State converted several moral and religious rules into its laws. Hence Religion and Morality have also been important sources of Law.
  • 26. 3. Legislation: Since the emergence of legislatures in 13th century, legislation has emerged as the chief source of Law. Traditionally, the State depended upon customs and the decrees or orders of the King for regulating the behaviour of the people. Later on, the legislature emerged as an organ of the government. It began transforming the customary rules of behaviour into definite and enacted rules of behaviour of the people. The King, as the sovereign, started giving these his approval. Soon legislation emerged as the chief source of law and the legislature got recognition as the Legal Sovereign i.e. law-making organ of the State. In contemporary times, legislation has come to be the most potent, prolific and direct source of law. It has come to be recognized as the chief means for the formulation of the will of the State into binding rules.
  • 27. cont... 4. Delegated Legislation: Because of several pressing reasons like paucity of time, lack of expertise and increased demand for law-making, the legislature of a State finds it essential to delegate some of its law-making powers to the executive. The executive then makes laws/rules under this system. It is known as Delegated Legislation. Currently, Delegated Legislation has come to be a big source of Law. However, Delegated Legislation always works under the superior law-making power of the Legislature.
  • 28. 4. Judicial Decisions: In contemporary times, Judicial Decision has come to be an important source of Law. It is the responsibility of the courts to interpret and apply laws to specific cases. The courts settle the disputes of the people in cases that come before them. The decisions of the courts – the judicial decisions, are binding on the parties to the case. These also get accepted as laws for future cases. But not all judicial decisions are laws. Only the judicial decisions given by the apex court or the courts which stand recognized as the Courts of Record, (like the Supreme Court and High Courts of India) are recognized and used as laws proper. Lower Courts can settle their cases on the basis of such judicial decisions.
  • 29. cont... 5. Equity: Equity means fairness and sense of justice. It is also a source of Law. For deciding cases, the judges interpret and apply laws to the specific cases. But laws cannot fully fit in each case and these can be silent in some respects. In all such cases, the judges depend on equity and act in accordance with their sense of fair play and justice. Equity is used to provide relief to the aggrieved parties and such decisions perform the function of laying down rules for the future. As such equity acts as a source of law.
  • 30. 6. Scientific Commentaries: The works of eminent jurists always include scientific commentaries on the Constitution and the laws of each state. These are used by the courts for determining the meaning of law. It helps the courts to interpret and apply laws. The jurists not only discuss and explain the existing law but also suggest the future possible rules of behaviour. They also highlight the weaknesses of the existing laws as well as the ways to overcome these. Interpretations given by them help the judges to interpret and apply Laws to specific cases. The works of jurists like, Blackstone, Dicey, Wade, Phillips, Seeravai, B.Pi. Rau, D.D. Basu and others have been always held in high esteem by the judges in India. Scientific commentaries jurists always help the development and evolution of law. Hence these also constitute a source of law. Thus, Law has several sources. However, in contemporary times law-making by the legislature constitutes the chief source of Law.
  • 31. Natural law Natural law, in philosophy, a system of right or justice held to be common to all humans and derived from nature rather than from the rules of society, or positive law.
  • 32. Early Formulations Of The Concept Of Natural Law Aristotle (384–322 BCE) held that what was “just by nature” was not always the same as what was “just by law,” that there was a natural justice valid everywhere with the same force and “not existing by people’s thinking this or that,” and that appeal could be made to it from positive law. However, he drew his examples of natural law primarily from his observation of the Greeks in their city-states, who subordinated women to men, slaves to citizens, and “barbarians” to Hellenes. In contrast, the Stoics conceived of an entirely egalitarian law of nature in conformity with the logos (reason) inherent in the human mind. Roman jurists paid lip service to this notion, which was reflected in the writings of St. Paul (c. 10–67 CE), who described a law “written in the hearts” of the Gentiles (Romans 2:14–15).
  • 33. CONT... St. Augustine of Hippo (354–430) embraced Paul’s notion and developed the idea of man’s having lived freely under natural law before his fall and subsequent bondage under sin and positive law. In the 12th century, Gratian, an Italian monk and father of the study of canon law, equated natural law with divine law—that is, with the revealed law of the Old and the New Testament, in particular the Christian version of the Golden Rule.
  • 34. St. Thomas Aquinas (c. 1224/25–1274) propounded an influential systematization, maintaining that, though the eternal law of divine reason is unknowable to us in its perfection as it exists in God’s mind, it is known to us in part not only by revelation but also by the operations of our reason. The law of nature, which is “nothing else than the participation of the eternal law in the rational creature,” thus comprises those precepts that humankind is able to formulate—namely, the preservation of one’s own good, the fulfillment of “those inclinations which nature has taught to all animals,” and the pursuit of the knowledge of God. Human law must be the particular application of natural law.
  • 35. Natural law THE traditional view of natural law is that it is a body of immutable rules superior to positive law. It is ideal law since it consists of the highest principles of morality towards which humanity is striving. It is also absolute law since it is not the result of any convention, but is discoverable by the exercise of reason. “The law of nature,” wrote Grotius, “ is a dictate of right reason, which points out that an act, according as it is or is not in conformity with rational nature, has in it a quality of moral baseness or moral necessity; and that in consequence such an act is either forbidden or enjoined by the author of nature, God.” It should be noted that the rational nature of man is not necessarily subordinate to the will of God, and Grotius himself stated as a hypothesis that natural law is so immutable that “even God . . . cannot cause that two times two should not make four.” It was thus possible to be a rationalist and a natural lawyer and, although the religious interpretation has survived to this day through scholastic theology, there is another side to the classical natural law doctrine which it rationalistic
  • 36. LAW Law is an enactment made by the state. It is backed by physical coercion. Its breach is punishable by the courts. It represents the will of the state and realizes its purpose. Laws reflect the political, social and economic relationships in the society. It determines rights and duties of the citizens towards one another and towards the state. It is through law that the government fulfils its promises to the people. It reflects the sociological need of society. Law and morality are intimately related to each other. Laws are generally based on the moral principles of society. Both regulate the conduct of the individual in society.
  • 37. LAW AND JUSTICE Law cannot attempt to regulate the purely interior sphere of personal conduct; morality can. Human or civil law is connected with external actions, precisely insofar and because they impinge on the rights or lawful actions of others. Hence the necessary connection of law with justice. For the regulation of interpersonal relations must work from the basic principle of justice: "to each his due". Hence arises the fundamental question of what is due to each one, and from this the further question of human rights.
  • 38. Law and Morality Law and justice Law cannot attempt to regulate the purely interior sphere of personal conduct; morality can. Human or civil law is connected with external actions, precisely insofar and because they impinge on the rights or lawful actions of others. Hence the necessary connection of law with justice.
  • 39. LAW AND MORALS Law and Morals act and react upon and mould each other. In the name of ‘justice’, ‘equity’, ‘good faith’, and ‘conscience’ morals have in-filtered into the fabrics of law. In judicial law making, in the interpretation of legal precepts, in exercising judicial discretion (as in awarding punishment) moral considerations play a very important role. Morals work as a restraint upon the power of the legislature because the legislature cannot venture to make a law which is completely against the morals of the society. Secondly, all human conduct and social relations cannot be regulated and governed by law alone. A considerable number of them are regulated by morals. A number of action and relations in the life of the community go on very smoothly without any intervention by law. Their observance is secured by morals. So far as the legal rules are concerned, it is not the legal sanction alone that ensure their obedience but morals also help in it. Thus, morals perfect the law. ‘In marriage, so long as love persist, there is little need of law to rule the relations of the husband and wife – but the solicitor comes in through the door, as love flies out of the window.’
  • 40. Moral as a part of law H.L.A Hart. Law regulates and controls the external human conduct. It is not concerned with inner motives. A person may be having an evil intention in his or her mind but law does not care for it. Morality regulates and controls both the inner motives and the external actions. It is concerned with the whole life of man.
  • 41. CONT... We may conclude the discussion in the words of Gilchrist, "The individual moral life manifests itself in manifold ways. The state is the supreme condition of the individual moral life, for without the state no moral life is possible. The state, therefore, regulates other organizations in the common interest. The state, however, has a direct function in relation to morality." Laws may be defined as external rules of human conduct backed by the sovereign political authority. Law and morality are intimately related to each other.
  • 42. Laws are generally based on the moral principles of a particular society. Some points of distinction may be brought out as follows: (a) Laws regulate external human conduct whereas morality mainly regulates internal conduct. (b) Laws are universal; morality is variable. (c) Laws are definite and precise while morality is variable. (d) Laws are upheld by the coercive power of the state; morality simply enjoys the support of public opinion or individual conscience. (e) Laws are studied under Jurisprudence but morality is studied under Ethics.
  • 43. CONT... Generally, legal rules are composite and are derived from heterogeneous source. In India, if we examine all the legal perspective, we shall find that some of them have come from personal laws and local custom, a good number of them are based on foreign rules and principles (mainly English), some are based on the logic or political ideology and so on. Secondly, ‘public opinion’ which greatly influences law is made up of a number of things – political ideas, economic theory, ethical philosophy etc. These directly and indirectly influence law. Therefore, when so many elements work in shaping the legal precepts, the matter cannot be put in such a simple way as the ‘relation between law and morals’, because a number of factors join hands in influencing law, and morals is only one of them. However, some observations can be made about the relationship between law and morals.
  • 44. sociological approach has got its impact upon the modern age. This approach is more concerned with the ends that law has to pursue. Thus, recognized values, or, in other words, morals (of course the morals of the modern age) have become a very important subject of study for good law making. On international law also morals are exercising a great influence. The brutalities and inhuman acts in World Wars made the people to turn back to morals and efforts are being made to establish standards and values which the nations must follow. Perhaps there is no other so forceful ground to justify the Nuremberg Trials as morals. If the law is to remain closer to the life of the people and effective, it must not ignore morals.
  • 45. Administration of Justice Salmond said that the Administration of Justice implies maintenance of rights within a political community by means of the physical force of the state. However orderly society may be, the element of force is always present and operative. ... It is the social nature of men that inspires him to live in a community.
  • 46. ‘Importance of Justice’- a. Salmond- Salmond said that the ‘Definition of law itself reflects that Administration of Justice has to be done by the state on the basis of rules and principles recognized’. b. Roscoe Pound- He believed that it is the court who has to administer justice in a state. Both, Roscoe Pound and Salmond emphasized upon the Courts in propounding law. However, Roscoe Pound stressed more on the role of courts whereas Salmond stressed more on the role of the State.
  • 47. Administration of Justice Administration of Justice- There are two essential functions of every State: a. War b. Administration of Justice Theorists have said that that if a state is not capable of performing the above mentioned functions, it is not a state. Salmond said that the Administration of Justice implies maintenance of rights within a political community by means of the physical force of the state. However orderly society may be, the element of force is always present and operative. It becomes latent but it still exists. Also, in a society, social sanction is an effective instrument only if it is associated with and supplemented by concentrated and irresistible force of the community. Social Sanction cannot be a substitute for the physical force of the state.
  • 48. Origin and Growth of the concept of Administration of Justice It is the social nature of men that inspires him to live in a community. This social nature of men demands that he must reside in a society. However, living in a society leads to conflict of interests and gives rise to the need for Administration of Justice. This is considered to be the historical basis for the growth of administration of justice. Once the need for Administration of Justice was recognized, the State came into being. Initially, the so called State was not strong enough to regulate crime and impart punishment to the criminals. During that point of time, the law was one of Private Vengeance and Self-Help. In the next phase of the development of Administration of Justice, the State came into full-fledged existence. With the growth in the power of the state, the state began to act like a judge to assess liability and impose penalty on the individuals. The concept of Public Enquiry and Punishment became a reality. Thus, the modern Administration of Justice is a natural corollary to the growth in the power of the political state.
  • 49. Classification of Justice Classification of Justice- It can be divided into two parts a. Private Justice- This is considered to be the justice between individuals. Private Justice is a relationship between individuals. It is an end for which the court exists. Private persons are not allowed to take the law in their own hands. It reflects the ethical justice that ought to exist between the individuals. b. Public Justice- Public Justice administered by the state through its own tribunals and courts. It regulates the relationship between the courts and individuals. Public Justice is the means by which courts fulfil that ends of Private Justice.
  • 50. Concept of Justice According to Law Justice is rendered to the people by the courts. Justice rendered must always be in accordance with the law. However, it is not always justice that is rendered by the courts. This is because the judges are not legislators, they are merely the interpreters of law. It is not the duty of the court to correct the defects in law. The only function of the judges is to administer the law as made by the legislature. Hence, in the modern state, the administration of justice according to law is commonly considered as ‘implying recognition of fixed rules’.
  • 51. Civil and Criminal Justice Civil Justice and Criminal follow from Public Justice and Private Justice. Looking from a practical standpoint, important distinctions lie in the legal consequences of the two. Civil Justice and Criminal Justice are administered by a different set of courts. A Civil Proceeding usually results in a judgment for damages or injunction or restitution or specific decree or other such civil reliefs. However, a Criminal Proceeding usually results in punishment. There are myriad number of punishments ranging from hanging to fine to probation. Therefore, Salmond said that ‘the basic objective of a criminal proceeding is punishment and the usual goal of a civil proceeding is not punitive’.
  • 52. Theories of Punishment a. Deterrent Theory b. Preventive Theory c. Reformative Theory d. Retributive Theory e. Theory of Compensation Deterrent Theory- Salmond said that the deterrent aspect of punishment is extremely important. The object of punishment is not only to prevent the wrongdoer from committing the crime again but also to make him an example in front of the other such persons who have similar criminal tendencies. The aim of this theory is not to seek revenge but terrorize people. As per this theory, an exemplary punishment should be given to the criminal so that others may take a lesson from his experience.
  • 53. cont... b. Preventive Theory- This theory believes that the object of punishment is to prevent or disable the wrongdoer from committing the crime again. Deterrent theory aims at giving a warning to the society at large whereas under Preventive Theory, the main aim is to disable the wrongdoer from repeating the criminal activity by disabling his physical power to commit crime. c. Reformative Theory- This theory believes that Punishment should exist to reform the criminal. Even if an offender commits a crime, he does not cease to be a human being. He might have committed the crime under circumstances which might never occur again. Thus, the main object of Punishment under Reformative theory is to bring about a moral reform in the offender. Certain guidelines have been prescribed under this theory.
  • 54. cont... Retributive Theory- In primitive societies, the punishment was mostly retributive in nature and the person wronged was allowed to have his revenge against the wrongdoer. The principle was “an eye for an eye”. This principle was recognized and followed for a long time. Retributive theory believes that it is an end in itself, apart from a gain to the society and the victim, the criminal should meet his reward in equivalent suffering.
  • 55. References: https://www.toppr.com/guides/business-law-cs/introduction-to-law/various-definitions-of-law/ https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2498084 https://www.yourarticlelibrary.com/essay/law-essay/law-meaning-features-sources-and-types-of-law/40363 http://www.legalservicesindia.com/article/1931/Theory-of-Relationship-between-Law-and-Morality.html#:~:text= Law%20and%20justice,connection%20of%20law%20with%20justice. http://www.desikanoon.co.in/2012/08/jurisprudence-notes-administration-of.html#:~:text=Salmond%20said%20t hat%20the%20Administration,is%20always%20present%20and%20operative.&text=It%20is%20the%20social% 20nature,to%20live%20in%20a%20community. https://onlinelibrary.wiley.com/doi/pdf/10.1111/j.1468-2230.1958.tb00498.x https://www.britannica.com/topic/royalty-law V.D. Mahajan JURISPRUDENCE Rohinton Mehata Jurisprudence