What is law and how it come into existence
What is law?
It is desirable to know why we need law before we learning the meaning
of the word "Law". We need law to preserve peace and orderliness of
every society. So law is required by the society for its peaceful
existence. Without law no one will care for the others which results
is not materializing dealings between people. It become necessary to
develop and maintain different types of laws to protect the property
and contractual rights of the citizens of the state during the course
of the growth of the society. This need of law resulted in developing
suitable law for as per its requirements.
We need to know the law of our society where we live. There is no
excuse for not aware of the law. If am an caught traveling in a train
without ticket, he cannot plead or excused due to his non awareness of
the law. So we all need to aware of the law of the country and
surroundings we live. For our own interest, it is necessary for us to
know the law of the place where we live.
The meaning of 'Law' is a 'set of rules'. We can define the law as:
"With a view to securing social security, justice and peaceful living,
society created rules of conduct which recognized and enforced by the
state to regulate the peoples behavior." Some of the famous
definitions of law's are giving below :
1. "Law is a rule of civil conduct, prescribed by the supreme power
of state, commanding what is right and prohibiting what is wrong." -
Blackstone.
2. "Law is the body of principles recognized and applied by the state in the administration of Justice." - Salmond.
You will notice from the above definitions that the law is is set of
rules and principles. It is created with a view to regulate the
actions of human beings in respect of one another and in relation to
the society. The value system of society is not stable. It changes
over the time. Marriage was permitted between different sex earlier.
Now same sex marriage is lawful in some countries. Therefore, law is
also changing according to the need of the society.
There are different branches of law. Example: Constitutional law,
Civil Law, International law, Criminal law etc. The branch of the law
is determined by its area of activity. Please note Mercantile law or
commercial law is not a separate branch of law. Mercantile law is a
part of civil law. It deals with the rights and obligations of persons
arising out of Mercantile transactions in respect of mercantile
property.
