Introduction Module
Legal Methods and Legal Reasoning
Shambhavi Sinha
What is Law? Why is it categorically difficult to
define Law?
Definition of Law- Layman Approach
• A body of rules of conduct of binding legal force and effect,
prescribed, recognized and enforced by controlling
authority to govern a society and maintain social order
• Principles and regulations established in a community by
some authority and applicable to its people ,whether in the
form of legislation or custom and policies or judicial
decisions
Shambhavi Sinha
Why is it categorically difficult to define Law?
• Societies exist from primitive to present; law exists in some
form or other difference in both stages of development and
characteristics
• Means and includes different things in different societies
eg. Hindu System-Dharma, Islamic-Hukum, Roman-Jus,
French –Droit ,German-Richt
• Same subject, different perspectives- Lawyer, Philosopher,
Theologian
• Law is a Social Science, dynamic,-grows and develops with
society.
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Nature and Functions of Law
Law is dynamic in nature
Key Functions
• Administration of Justice
• Dispute Settlement
• Conflict Resolution
• Social Harmonizing
• Law and Order
• Protection of Rights and Liberties
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Question of Fact and Question of Law
Law and Morality ,Ethics and Religion
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Law and Morality – Difference
Morality is concerned with both internal and external affairs
of man whereas law is concerned only with the external
affairs of man. Hence, law punishes only those persons who
violate laws by their external actions. For example, law
punishes a person only when he-commits a theft or murder
or any other physical crime. Law cannot punish a person for
telling a lie or for abusing some-one. Telling lies,
condemning someone, showing disgrace to others, being
ungrateful and many other internal actions of man are sins
but they are not crimes.
Shambhavi Sinha
Law and Morality – Difference
Laws are enforced by the state whereas canons of morality
are followed at the call of institution. If one disobeys the
commands of law or violates the laws, he is liable to be
punished by the state but if one fails to observe the scruples
of morality, he is not liable to be awarded punishment. The
severest punishment that can be awarded to a person for not
observing the scruples of morality is his social boycott.
Shambhavi Sinha
Law and Morality – Difference
There are many things which are not illegal according to law
but are unacceptable to morality. For example, telling lies,
showing disgrace to others, feeling greedy, being ungrateful and
not helping the poor, are not against the spirit of law. Similarly,
there are many things which are illegal in the eyes of the state but
are acceptable to morality. For example, it is not a sin not to keep
to the left or to drive the vehicle fast in the market.
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Law and Morality – Difference
Another point of distinction between law and morality is that laws are
certain and universal and they are universally applicable to all
citizens whereas the canons of morality are not universal in nature.
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Categorization of Law
National Laws : National law, which is often referred to as
domestic law, are those laws that exist “within” a particular nation
(State)
International Law : International Law is defined as “law
between nations (States) which stem from agreements, embodied
in a treaty, or customs that is recognized by all nations.
Shambhavi Sinha
Categorization of Law
Substantive and Procedural Laws
Substantive law refers to the body of rules that determine the
rights and obligations of individuals and collective bodies.
Procedural law is the body of legal rules that govern the process
for determining the rights of parties.
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Categorization of Law
Civil and Criminal
Civil law deals with behaviour that constitutes an injury to an
individual or other private party, such as a corporation.
Examples are defamation (including libel and slander),
breach of contract, negligence resulting in injury or death,
and property damage.
Criminal law deals with behaviour that is or can be
construed as an offense against the public, society, or the
state—even if the immediate victim is an individual.
Shambhavi Sinha
Shambhavi Sinha