INTRODUCTION TO LAW / UNIT1/KAVIYA R
UNIT 1 INTRODUCTION TO LAW, CLASSIFICATION AND LEGAL
STUDIES
INTRODUCTION
Without law our society would be chaotic, uncivilised mess and anarchy would reign supreme.
The role that law has in society is that it creates a norm of conduct in the society we live in
laws are made to protect its citizens from harm. It set in way that all citizens are given equal
opportunity, protection from harm no matter your race, Gender, religion and social standing.
Under the law all its citizens are guaranteed equal protections. In society laws are made to
promote the common good for everyone. That is to set up guidelines For everyone in society
to act in a way that brings the Greater Good. Everyone acted without thinking about the Greater
Good, society would revert to those days where survival of the fittest was the common sight.
We live in a world where we have a finite amount of resources that should be shared or used.
Laws are made on how to manage these and how we resolve if issues arise over these resources.
If know laws were in place these sources would be controlled by the string and the wealthy
ROLE OF LAW IN HUMAN LIFE AND WELFARE
The law plays a fundamental role in society. It is a set of rules and regulations that govern
human behaviour and interaction. Without law, society would descend into chaos and anarchy.
Laws provide a framework within which people can conduct their affairs safely and securely.
One of the primary roles of law is to maintain social order. Laws create a framework within
which individuals and groups can interact with one another in a safe and secure environment.
The law establishes standards of conduct that everyone must adhere to, regardless of their social
status or economic power. This ensures that everyone is treated fairly and equally under the
law, and that there is no arbitrary use of power.
Another crucial role of law is to promote justice. Laws provide a means for individuals to seek
redress when they have been wronged. They also establish a system of punishment for those
who break the law, which serves as a deterrent to others. By promoting justice, law ensures
INTRODUCTION TO LAW / UNIT1/KAVIYA R
that the vulnerable in society are protected from exploitation and abuse, and that everyone is
held accountable for their actions.
Law also plays a significant role in shaping social norms and values. Laws reflect the values
and beliefs of a society, and can promote or discourage certain behaviours. For example, laws
that criminalise discrimination on the basis of race, gender, or sexual orientation promote the
value of equality, and help to create a more inclusive society. Similarly, laws that prohibit
environmental pollution reflect a society's concern for the well-being of the planet and its
inhabitants.
In addition to promoting social order, justice, and values, law also serves an economic function.
Laws provide a framework within which businesses can operate, and establish rules for
contracts, property rights, and intellectual property. This creates a stable and predictable
environment for economic activity, which encourages investment and growth.
In conclusion, the law plays a vital role in society. It provides a framework within which
individuals and groups can interact safely and securely, promotes justice and equality, shapes
social norms and values, and supports economic activity. Without law, society would be
chaotic, and the vulnerable would be left unprotected. Therefore, it is essential that we uphold
the rule of law and ensure that it continues to serve the needs of society.
CHARACTERISTICS OF LAW
• Law is dynamic
• Law is evolving in nature
• Law is the reflection of societal norms and values.
• Law is the guardian of rights
• Law is the arbiter of disputes
• Law is the protector of the common good.
• Law is Layman's tool
CLASSIFICATION OF LAW
The classification of law refers to the systematic arrangement and categorisation of various
legal principles, rules and areas of law based on their nature, purpose and scope. It involves
INTRODUCTION TO LAW / UNIT1/KAVIYA R
grouping different types of laws together to facilitate better understanding, organisation and
study of the legal system.
TYPES
INTERNATIONAL LAW
International Law is a classification of law that deals with the rules for how countries interact
with each other. It’s like a set of guidelines that countries follow when they have dealings with
one another. These rules are based on traditions and agreements that countries agree to follow
when they interact.
To put it another way, International Law is a collection of traditional and agreed-upon rules
that are considered official by well-behaved countries when they deal with each other.
According to the Oxford Dictionary, International Law is defined as “a set of rules that are
created by tradition or agreements between countries and are seen as binding when countries
interact with each other.”
This type of law mostly comes from agreements (treaties) between well-behaved countries.
International Law can be divided into two main parts:
(a) Public International Law
This is the set of rules that controls how one country behaves toward other countries. For
instance, if two countries agree to send back criminals who have run away to the other country,
that’s an example of Public International Law.
(b) Private International Law
This means the rules that decide what happens when situations involve different countries. For
example, if an Indian person and a British person make a deal in India but it’s supposed to be
carried out in Nepal, the rules that decide what rights and duties the people have are called
Private International Law.
MUNICIPAL LAW OR NATIONAL LAW
Municipal Law refers to the laws of a specific nation, the laws that apply within a country’s
borders. It’s the internal law that governs the people who are part of that country. This is
different from International Law, which deals with how countries interact on a global level.
Municipal Law handles things like how individuals relate to each other within the country and
how the country’s government interacts with its citizens. The government approves these laws.
It’s usually limited to the country’s territory.
Municipal Law can be classified into two main parts:
• Public law
INTRODUCTION TO LAW / UNIT1/KAVIYA R
• Private law
CLASSIFICATION OF LAW AS PUBLIC AND PRIVATE LAW
The classification of Law can be done as Public and Private Law.
Public Law
Public law refers to the part of the law that handles relationships between legal entities, like
individuals and the government. It also deals with interactions among different parts of a
country’s institutions, including different branches of the government. Additionally, public law
covers relationships that directly affect society. It’s about how the government functions and
is accountable.
This type of law sets the rules for how a country is organised and how it operates. It also defines
how the government interacts with its citizens. When we say ‘public,’ we mean the state itself
or parts of it that have authority, as well as individuals or bodies that have been given power
by the state.
Public law can be divided into specific categories:
Constitutional Law: Constitutional Law determines the nature of the state and how the
government is structured. It’s the highest form of law, above all other laws. It outlines how the
three branches of government function. Regular laws get their importance from constitutional
law.
Administrative Law: Administrative Law allows the creation of public regulatory agencies.
It covers laws, court decisions and rules related to these agencies. These laws are made by
administrative agencies to define how they can use their powers and fulfil their duties through
rules, regulations, orders and decisions.
Criminal Law: Criminal Law defines what counts as a criminal offence, regulates how crimes
are recognised, establishes charges and trials for suspects and sets out the ways punishment
and treatment are applied to convicted offenders. Its main goal is to prevent crime and penalise
wrongdoers.
Private Law
Private Law is the branch of law that deals with legal relationships and disputes between
individuals, organisations or entities that are not of significant public concern. It governs the
INTRODUCTION TO LAW / UNIT1/KAVIYA R
interactions and obligations of private parties, such as individuals, businesses and
organisations, in their personal and business affairs.
Private law encompasses a wide range of legal matters, including contracts, property
ownership, torts (civil wrongs like negligence or defamation), family law (such as marriage,
divorce and child custody), inheritance and more. Its focus is on resolving conflicts and
ensuring fairness in private matters between individuals and entities.
CLASSIFICATION OF LAW AS CIVIL LAW AND CRIMINAL LAW
The classification of Law can be done as Civil Law and Criminal Law.
Civil Law
Civil law refers to the legal area that deals with actions that cause harm to an individual or a
private party, like a company. Examples of civil law cases include instances of defamation,
breaking contracts, negligence that results in harm or death and causing damage to property. In
civil law cases, individuals (called plaintiffs) start the legal process by filing suits.
Typically, a judge makes the decisions. Penalties in civil law cases usually involve monetary
compensation and never imprisonment. The plaintiff needs to prove the defendant’s
responsibility based on the “preponderance of evidence,” which means showing it’s more likely
than not. Defendants in civil cases don’t have the same legal protections as those accused of
crimes.
Criminal Law
Criminal law involves actions that are considered crimes against the public, society or the state,
even if an individual is the immediate victim. Examples include murder, assault, theft and
driving under the influence. In criminal law, the focus is on protecting public interests. This
includes punishing and rehabilitating offenders while safeguarding society.
CLASSIFICATION OF LAW AS SUBSTANTIVE LAW AND PROCEDURAL LAW
The classification of Law can be done as Substantive Law and Procedural Law.
Substantive Law
Substantive law is the set of laws that outlines the original rights and responsibilities of
individuals. It can come from common law, statutes or a constitution. For instance, a legal
claim related to breach of contract, negligence or fraud is considered a substantive right under
common law. This law essentially defines the rules that determine the rights and duties of both
individuals and groups.
Procedural Law
INTRODUCTION TO LAW / UNIT1/KAVIYA R
Procedural law is the set of legal rules that establish how substantive law is developed, upheld
and used, especially within a courtroom. Procedural law deals with the specific processes that
guide the progression of a case. It outlines the methods through which substantive laws are
enforced and applied. In essence, procedural laws lay down the guidelines for ensuring that
substantive laws are followed correctly.
COMMON LAW AND CONTINENTAL LAW
Common law and continental law are two major legal systems that have influenced legal
traditions around the world. Common law relies heavily on case law and precedents, providing
flexibility and adaptability, while continental law is based on codified legal principles and a
deductive approach to legal reasoning, offering structure and uniformity. Understanding the
differences between these two legal systems is crucial for comprehending the complexities of
global legal diversity and facilitating cross-jurisdictional legal analysis and cooperation.
COMMON LAW
Origins: Common law originated in England and spread to various countries that were once
part of the British Empire. It is primarily found in English-speaking countries such as the
United States, Canada, Australia, and the United Kingdom.
Precedent: Common law relies heavily on the doctrine of precedent, also known as stare
decisis. Courts are bound by previous decisions, and these judicial precedents form the basis
for future rulings. Judges interpret statutes and apply legal principles based on prior court
decisions.
Flexibility: Common law is known for its flexibility and adaptability. Judges have the authority
to interpret and apply the law in a manner that suits the specific circumstances of each case.
This allows the law to evolve gradually through judicial decisions.
Role of judges: Judges play a crucial role in the development of common law. They interpret
statutes, fill in gaps in the law, and create legal principles through their judgments. Precedents
set by higher courts serve as binding authority on lower courts.
CONTINENTAL LAW
INTRODUCTION TO LAW / UNIT1/KAVIYA R
Origins: Continental law, also known as civil law, has its roots in Roman law and the legal
systems of continental Europe. It is prevalent in many countries, including France, Germany,
Spain, Italy, and most of Latin America.
Codification: Continental law emphasises the importance of written legal codes. Legal
principles and rules are codified in comprehensive statutes or codes, providing a systematic
and organised framework for legal proceedings. These codes serve as the primary source of
law.
Legal categories: Continental law typically classifies legal matters into distinct categories,
such as contract law, property law, and tort law. This classification allows for a structured
approach to legal analysis and provides a comprehensive legal framework.
Role of judges: In continental law systems, judges have a more limited role compared to
common law. Their primary responsibility is to apply the law as provided by statutes and codes.
They focus on interpreting and enforcing existing legal provisions, rather than creating new
legal principles through their judgments.
Legal doctrine: Continental law places a significant emphasis on legal doctrine and scholarly
commentary. Legal scholars and jurists play a crucial role in interpreting and developing the
law, and their writings often influence judicial decision-making.
While common law relies on precedent and judicial interpretation, continental law emphasises
comprehensive legal codes and statutory provisions. Common law allows for flexibility and
evolution through judicial decisions, while continental law provides a structured framework
with a greater reliance on legislation. These two legal systems have influenced legal traditions
worldwide, and many countries have adopted a hybrid approach that incorporates elements of
both systems.
LEGAL TERMS
1. Acquittal-A jury verdict that a criminal defendant is not guilty, or the finding of a judge
that the evidence is insufficient to support a conviction.
2. Admissible-A term used to describe evidence that may be considered by a jury or judge
in civil and criminal cases.
3. Amicus curiae-Latin for "friend of the court." It is advice formally offered to the court
in a brief filed by an entity interested in, but not a party to, the case.
INTRODUCTION TO LAW / UNIT1/KAVIYA R
4. Adjournment– The postponement of a case hearing to a later date.
5. Adjudication: A decision or sentence imposed by a judge
6. Appeal: Asking a higher court to review the decision or sentence of a trial court because
the lower court made an error.
7. Bail: Also called Bond. Money or property given to the court for the temporary release
of a defendant, to ensure that the defendant will return to court.
8. Burden of proof-The duty to prove disputed facts. In civil cases, a plaintiff generally
has the burden of proving his or her case. In criminal cases, the government has the
burden of proving the defendant's guilt.
9. De facto-Latin, meaning "in fact" or "actually." Something that exists in fact but not as
a matter of law.
10. De jure-Latin, meaning "in law." Something that exists by operation of law.
11. Evidence-Information presented in testimony or in documents that is used to persuade
the fact finder (judge or jury) to decide the case in favour of one side or the other.
12. Ex parte-A proceeding brought before a court by one party only, without notice to or
challenged by the other side.
13. Res Judicata-Lat.: A thing decided. The doctrine stating that a matter that has already
been judicially determined is conclusive and is not subject to re-litigation.
14. Verdict-the decision in a criminal trial, where the verdict may be guilty, or not guilty
(also called an “Acquittal”). A verdict can also be a “stay of proceedings”, which puts
the matter on hold.
15. Jury - Persons selected according to law and sworn to inquire into and declare a verdict
on matters of fact. A petit jury is a trial jury, composed of 6 to 12 persons, which hears
either civil or criminal cases.
16. Writ - A judicial order directing a person to do something.
LEGAL MAXIMS
1. Ab Initio – From the beginning.
2. Actus non facit reum nisi mens sit rea – An act does not make one guilty unless it is
accompanied by a guilty mind
3. Actus reus – Guilty act.
INTRODUCTION TO LAW / UNIT1/KAVIYA R
4. Ad hoc – For the particular end or case at hand.
5. Audi alteram partem – No man shall be condemned unheard.
6. Bona fide – In good faith
7. Caveat emptor – Let the buyer beware.
8. Caveat venditor -Let the seller beware.
9. De facto – In fact
10. De jure – By law.
11. Ratio decidendi -The reason for the decision-It is a legal phrase which refers to the
legal, moral, political and social principles used by a court to compose the rationale of
a particular judgment.
12. ex post facto- from a thing done afterward'
13. falsus in uno, falsus in omnibus-false in one thing, false in everything
14. Ignorantia facti doth excusat, Ignorance juris non-excusat – Ignorance of fact is an
excuse, but ignorance of the law is no excuse. Read with sections 76 and 79 of IPC.
15. Nemo debet bis vexari pro una et eadem causa – It means no man shall be punished
twice for the same offence.
16. Nemo debet esse judex in propria causa or Nemo judex in causa sua or Nemo judex
in sua causa – Nobody can be the judge in his own case.
17. Qui facit per alium, facit per se – He who acts through another acts [Link] simple
words, It is a fundamental legal maxim of the law of agency. It is a maxim often stated
in discussing the liability of the employer for the act of employee in terms of vicarious
(indirect, secondhand) liability.
18. Ubi jus ibi remedium – Where there is a right, there is a remedy.
19. Volenti non fit injuria – Damage suffered by consent gives no cause of action. Or
harm caused with consent cannot be considered an injury. Read with section 87 of
[Link] other words, If someone willingly places himself in a position where he knows
that harm might result, then he is not able (allowed) to bring a claim against the other
party in tort or delict (a violation of the law).
20. Vigilantibus non dormientibus jura subveniunt - The laws serve the vigilant, not
those who sleep.
21. Delegatus non potest delegare -A delegate himself cannot delegate. A delegated
power cannot be further delegated.
INTRODUCTION TO LAW / UNIT1/KAVIYA R
BASIC LEGAL CONCEPTS IN LEGAL PHILOSOPHY
RIGHTS
A legal right is an interest which is recognized and protected by a rule of legal justice and the
violation of which would be a legal wrong. It, therefore, follows that in all civilized societies
law consists of those rules which control and standardise the model conduct and behaviour of
people.
Also, it is the state which enforces the rights and duties created by such rules. The conception
of right accordingly is of fundamental significance in the modern legal system because rights
are indispensable for all civil societies.
SALMOND defines a right as interest and protected by a rule of right. It is any interest, respect
for which is a duty, and this disregard of which is wrong.
DUTIES
A duty is an obligatory act. It is an act the opposite of which would be the wrong behavior. It
is something to do or denied doing in favor of another person. A man has a duty towards any
matter for which he has a legal obligation. Thus, duties and wrongs are generally co-related.
According to KEETON, a duty is an act of forbearance which is enforced by the state in respect
of a right vested in another and breach of which is a wrong act. Every right implies a co-relative
duty and vice-versa. Duties are of two kinds, namely Legal and Moral.
PERSONALITY
The word 'person' is derived from the Latin word 'persona' which meant a mask worn by actors
playing different roles in a drama. A person is generally defined as being a subject or bearer of
a right. But this is rather a too narrow interpretation of the term as a person is subject to duties
as well. There are two types of person which the law recognizes, namely, natural and artificial.
The former refers to human beings while latter to other than human beings whom the law
recognised as having duties and rights. One of the most recognised artificial people is
corporations.
POSSESSION: A DE FACTO RELATIONSHIP
Possession refers to the physical control and occupation of an object. In jurisprudence, it is
defined as the continuous exercise of a claim to possess and use a particular thing exclusively.
INTRODUCTION TO LAW / UNIT1/KAVIYA R
Possession is a de facto relationship, meaning it is based on actual control rather than legal
recognition. If a person has apparent control over an object and the power to exclude others
from using it, they are considered to be in possession.
One crucial aspect of possession is that it does not necessarily imply ownership. A person can
possess an object without being its legal owner. For example, someone leasing a property has
possession of it during the lease term, but the legal owner is the one who holds the title.
Possession is, therefore, a tangible and immediate connection to an object but does not
necessarily confer the broader rights associated with ownership.
OWNERSHIP: A DE JURE RECOGNITION
Ownership, on the other hand, involves the absolute rights and legitimate claim to an object. It
is a legal relationship between a person and the property recognised and protected by the law.
The property owner holds the highest level of interest in it, entailing a bundle of rights that
include the right to possess, use, dispose of and even destroy the object.
Unlike possession, ownership is a de jure recognition, meaning it is a legal acknowledgement
of the rights held by the owner. The legal system grants protection to the owner’s claims against
the world, allowing them to exercise control over the property in various ways. This recognition
is crucial because it provides the owner with a robust legal foundation to defend their rights
and interests in the property.
LEGAL PHILOSOPHIES
POSITIVE LAW SCHOOL
Positive law is the belief that law is established by the state, for the benefit of the state as a
whole. Positive law has no moral purpose other than to ensure the survival of the state and its
citizens. Obedience to the law is no longer a matter of conscience, as it was in natural law. To
disobey the law was a crime and anyone who broke the law was subject to punishment. In
positive law there is no distinction between law and justice – justice means conformity to the
law. Law and justice are one in the same. The condition that human laws conform to certain
standards of morality and justice in order to be valid is abandoned. The only real morality is in
human obedience to state law.
INTRODUCTION TO LAW / UNIT1/KAVIYA R
Case Study: A.K. Gopalan v. State Of Madras Jurisprudentially speaking Gopalan reflected
the sway of positivism the superior authority of law - as per the thoughts of Austin. The question
of interpretation of this paltry worded provision Art 21 which says "No person shall be deprived
of his life or personal liberty except according to procedure established by law" possessing
immense importance came before the Supreme Court as early as in 1953 in the case of A.K.
Gopalan v. State of Madras. The court restricted itself to the literal interpretation of the article
and exhibited judicial positivism. The connotation of life was restricted to the existence of the
individual and liberty meant freedom from physical restraints. The procedure established by
law was interpreted to mean law as enacted by the legislature or through ordinance and does
not include the concept of due process. Also, a joint reading of Art.14, 19 and 21 was not called
for and thus the law that abridges the right under Art.21 need not be reasonable. It however,
put restraints on unguided executive discretion.
The case held the field for almost three decades. It gave legislature a carte blanche to enact a
law to provide for arrest of a person without much procedural safeguards. It gave the ultimate
power to the legislature to decide what was going to be the procedure to curb the liberty of a
person under article 21. This was an absolute right given to the legislature. It held that the term
"law" in article 21 could not be understood as principles of natural justice. In its normal
connotation it should means procedure established by law means law enacted or State made
law and not the American concept of due process which simple means vague and uncertain
principles of natural justice. It was held by the majority that procedure established is in the
nature of "Lex" and not "Jus". And in this way it displayed the positivist approach taken in
deciding this case.
NATURAL LAW SCHOOL
Natural law is known as higher law or the law of nature which has been continually dominating
the entire basis of politics, law, religion and social philosophy. Natural law is said to be those
sets of unwritten laws which contains the principles of ought as revealed by the nature of man
or reason or derived from god. It is the understanding of a moral law that is either given with
nature and known through reason or given with moral reason independently of nature. Natural
law is universal and common to all humanity. It goes beyond the differences in culture, religion,
and various formulations of moral law. It is often understood as the fundamental source of
norms from which positively formulated moral norms must be derived if morally justifiable.
Case Study: Maneka Gandhi v. Union Of India In order to surmount the uncertainty, which
INTRODUCTION TO LAW / UNIT1/KAVIYA R
would arise because of broadening of scope of rights like in America, Indian constitution
makers restricted it to procedure established by law. The phrase "procedure established by law"
seems to be borrowed from article 31 of the Japanese Constitution, which gives the legislature
the final word. In the case of Maneka Gandhi v. Union of India the meaning and content life
and personal liberty under article 21 of Indian constitution came up for consideration and the
supreme court held that the law established by the state should be just fair and reasonable .
If one analyses the judgment one would find reference of Locke's theory whereby the natural
rights of man such as right to life, liberty and property remained with him and there should not
be any law contravening the above rights. So in Maneka Gandhi case also the natural law theory
principles could be evolved.
PRINCIPLE BASED APPROACHES
It is important to note that the principles of law are not a creation of law but they existed before
law was formed, or rather they formed basis for formulation of law. In fact, law is integrally
related to certain ideas like democracy, justice, constitutionalism, equality, liberty, fraternity,
etc. Law that prevails in a particular society is not only based on these ideas but, in turn, it also
contributes through its rules in reinforcing and strengthening the particular notion of these ideas
which it has adopted.
TYPES
Principle of Democracy
The term democracy is derived from the word 'demos', which means people. Abraham Lincoln
referred to the democratic form of government as govel-nment of the people, by the people and
for the people. This statement imbibes some of System the fundamental features of democracy,
i.e. equality recognizing "equal distribution of political power and influence", and "popular
participation" in the process of governance, which ensures autonomy of individual, i.e. his
control over his "own person, decision and life choices" and "rule in public interest". Values
like equality, autonomy and freedom provide justification for democratic form of government
Model of Democracy in India: Democracy as an organizing legal principle of the union of India
stands explicitly embodied in the Constitution of India - Preamble of our Constitution,
provisions relating to universal adult franchise (Articles 325,326), representative character of
INTRODUCTION TO LAW / UNIT1/KAVIYA R
legislature (Articles 80, 81, 170, 17 1) as well as the executive (President, Council of
Ministers), qualifications for membership of Parliament (Article 84), of state legislature
(Article 173), qualifications for election as President (Article 58). Vice-President (Article 66).
qualifications for appointment as Governor (Article 157).
Principle of Constitutionalism
In narrow sense, constitutionalism implies "limited government brought about through the
existence of a Constitution '' It is achieved by the rules laid down in the Constitution putting
constrains on the government institutions and political processes. In the broad sense,
constitutionalism "refers to a set of political values and aspirations that reflect the desire to
protect freedom through the establishment of internal and external checks upon government
power" .
The Constitution of India embodies the principle of Constitutionalism. The powers of the
government are sought to be restricted by imposing the requirement that the executive actions
should be in accordance with law and law made by the legislature should be in accordance with
the Constitution. For this purpose the power of the state stands divided among the three
different organs, i.e. executive, legislature and judiciary. The principle of separation of powers
is sought to be achieved through the provisions in the Constitution embodying broad separation
of functions and personnel in the three organs as well as a system of checks and balances which
the Constitution provides in order to limit the powers of the government (Articles
53,73,154,163,245,246,13 1-138). The power of judicial review of executive action (Articles
20, 21, 22, 32 and 226 as well as judicial review of legislation (Articles 245, 246, 13, 21, 32
and 226; also see Maneka Gandhi v Union of India, 1978) further ensure that the power of the
different organs is limited. Even the federal structure of the state embodied in the Constitution
seeks to divide power. Furthermore, fundamental rights guaranteed by the Constitution seek to
secure certain values like equality, liberty and dignity of individuals against an onslaught by
the state.
Principle of Justice
"Justice is a moral value, i.e. one of the aims or purposes that man sets himself in order to attain
the good life" Aristotle, for the first time, distinguished between "corrective justice" and
"distributive justice". Broadly speaking, corrective justice pertains to restoration of equality
after it has been disturbed on account of wrongdoing. It seeks to achieve justice between parties
.Remedy for tort is an example of corrective justice. Corrective justice imposes an obligation
on the person committing a wrong to compensate the other person against whom the wrong is
INTRODUCTION TO LAW / UNIT1/KAVIYA R
committed. "The victim has a correlative right to recover for his losses".On the other hand,
distributive justice is concerned with the larger distributive issues in society as a whole.
According to Aristotle, distributive justice deals with the distribution of honours and rewards
by the state to persons according to their deserts . Distributive justice has been the primary
concern of scholarly enquiries into the idea of justice.
Principle of Liberty
Liberty or freedom, in its broadest sense, refers to "the ability to think and act as one wishes" .
It is essential to enable a person to exercise his autonomy with respect to the kind of life an
individual wants to lead, ability of a person to determine for himself and be actually able to
lead the kind of life he wants depends not only on conditions which ensure non-interference
with his actions but also conditions that enable him to achieve what he desires.
Principle of Equality
When we refer to people as equal, what does it mean? Does it mean that they are the same, and
therefore should be treated as the same under law or does it recognize the different social,
economic or other status and, thus, legitimise differential treatment under law without really
questioning the basis, origin or results of these differences. In fact, both the ideas get reflected
in the notion of formal equality. It is based on the idea that like should be treated alike and
unlike should be treated differently. It is embodied in Article 14 of our Constitution, which
provides for equality before law and equal protection of laws. It implies that everyone
irrespective of his status, etc., is subject to the same law and jurisdiction of the same courts.
Provisions pertaining to political equality like universal adult suffrage also reflect the notion
of formal equality as it provides for one person one vote as well as same eligibility criteria for
contesting elections, etc.
Principle of Fraternity
Fraternity, in common parlance, refers to brotherhood. It is defined as "brotherhood among
disparate body of people united in their interests, aims, beliefs and so on" . Legal principles
like equality and notions like statehood can be viewed as contrivances for promoting fraternity.
Fraternity also suggests "a sense of belonging to a unit with which one can readily, if not
naturally, identify". One of the primary functions of law is to secure peaceful co-existence of
people, which necessitates recognition and promotion of fraternal feelings among people. The
state by subjecting people to the same law seeks to secure fraternity among people. In order to
INTRODUCTION TO LAW / UNIT1/KAVIYA R
secure fraternity the law should renounce and also seek to provide protection against exclusion,
discrimination, subordination and oppression.