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Introduction to Law
The law simply means the body of rules. The law creates rights and duties for the people. It governs society and maintains the relationship between individual-individual and individual state.
Law is a rule of human action and conduct based on principles of justice, fairness, and fair play. Law is a rule made by the concerned authority for the systematic regulation of human conduct in society.
According to Savigny, “law is a rule of human action and conduct sanctioned by national usage.”
According to Black’s Law Dictionary, “law is defined as a body of rules of action or conduct made by the concerned authority and have a binding effect.”
According to John Austin, “Law is the command of sovereign imposed by the state backed by sanction.”
According to Holland, “law is a general rule of external human action enforced by sovereign political authority.”
According to Salmond, “law is the body of principles recognized and applied by the state in the administration of justice.”
History of Law
The term ‘Law’ is derived from the Latin word lag which means something that lies uniformly or evenly.
In Hindu Jurisprudence, Law is called Dharma. In Arabic term, it is called Kanoon. In Sanskrit term, it is called Vidhi.
In the past, the law was based on religion, religious books, customs, and moral beliefs. With the development of human society, law is based on the necessities of the present society including religious beliefs.
Characteristics and Nature of Law
As we know that law is not a pure science that is based on universal truth. It is a social science. Society changes with time. Due to this, the law needs to be changed accordingly. Law gradually grows with society. The law cannot solve all the problems or cannot tackle all the situations that occur in this ever-growing society. So, the law must adapt to the changing society and grow with the society.
In Nepal, there was a sati system in the past. There were many bad social traditions like child marriage, polygamy, untouchability, etc. Before the promulgation of Muluki Ain 2020 B.S., these traditions were legalized. But after the promulgation of this act, such traditions were considered a crime. These changes in the law are due to the developing and changing society and changes in the perception of societal values.
Similarly, a few decades ago there was no advancement in the field of technology. After the latest development in technology and increment in the use of social media, there is an increment in crime in these areas. So, with the demand of growing society, it becomes a necessity to make cyber law.
Law is compulsory and mandatory. Without law, society cannot function. Bad human conduct cannot be controlled. We cannot imagine a peaceful society in the absence of law. Fundamental rights are not protected without law.
Law is applied within a certain territory. Laws are made in schools, hospitals, offices, etc. A city can make laws to maintain peace and harmony within its territory. A state can make laws to protect the rights of its citizens. Law belonging to a fixed territory means that it applies to all persons, things, acts, and events within the territory and does not apply to the persons, things, acts, and events elsewhere.
Law has the characteristic of impartiality. Law is equal for all persons and classes, no matter whether they are rich or poor, black, or white. Most of the laws are enforced through sanctions in the form of fines and imprisonment. All persons are liable to equal punishment and fines.
All areas are interconnected with the law. For the regulation of any human conduct, the law is required. For this, there are different laws for different fields such as business law, criminal law, civil law, environmental law, cyber law, air, and space law, etc. so we can say that law has a broad concept as well.
Also, the law determines the rightful and wrongful behavior of humans. The law guides the people about how their conduct and act should be which we called as the normative propositions character of law.
We can point out the characteristics and nature of law as follows:
- Law is compulsory and mandatory in nature.
- Law is territorial in nature.
- Law is prohibitory.
- Law has an impartial character.
- Law has a character of normative propositions.
- Law is changing in nature.
- Law has a broad concept.
- Law is clear and precise.
- Law is based on social, moral, and customary values.
Classification and Kinds of Law
Municipal and International Law
Municipal law is an internal law. It is also called the domestic law of the state. Municipal law includes statutes, acts, codes, rules, regulations, etc. made by the supreme authority or state. Breaking municipal laws is backed by fines or imprisonment. Municipal law maintains the relations of individuals of states and states and individuals.
International law is a collection of rules and regulations recognized by civilized nations for regulating their conduct towards each other and each other’s citizens. The sources of this law are treaties, customs, general principles of law, equity and legal conscience, declarations of international organizations, opinions, and writings of judges and legal experts.
International law is further divided into public and private international law. Public international law maintains the relations between different nations. Private international law deals with the citizens of each other countries.
Private and Public Law
Private law deals with the relation between the individuals of the state. Examples of private law are family law, contract law, property law, etc.
Public law maintains the relationship between the state and individuals. Examples of public law are constitutional law, criminal law, administrative law, etc.
Substantive and Procedural Law
The law that deals with the rights and duties of the individual is called substantive law. It creates or defines the rights and duties of an individual.
Procedural law is the law that deals with the process of enforcing rights and duties. If the rights of any individuals are violated than with the help of procedural law, such violated rights can be brought back. So, procedural law is also called remedy law.
Civil Law and Criminal Law
Civil law can be defined as the aspect of Law that deals with the relationship between the individuals of the state and provides means for remedies if the right of a citizen is breached. Examples of civil law include the Law of Contract, the Law of Torts, Family Law, etc.
Criminal Law can be defined as the aspect of the law that deals with the relationship between the state and individuals. It punishes acts that are considered harmful to the society at large. An example of criminal law is the Muluki Criminal Code Act 2074.
Native and Foreign Law
Native law is the domestic law of the state. The law made governing the conduct of the specific nation is called native law. Foreign law is the law of a foreign country. The laws other than the native laws are called foreign laws. For example, the law of India is foreign law for Nepal.
List of Books Written by Different Scholars
- An Introduction to the Philosophy of Law- Roscoe Pound
- Natural Law and Natural Rights- John Finnis
- A Theory of Justice- John Rawls
- The Concept of Law- H.L.A Hart
- The Law of Peoples- John Rawls
- Political Liberalism- John Rawls
- The Spirit of Law- Montesquieu
- Pure Theory of Law- Kelsen
- The Morality of Law- Lon Fuller
- Anatomy of the Law- Lon Fuller
- Treatise on Law- Thomas Aquinas
- Leviathan- Thomas Hobbes
- Natural Law and Natural Rights- John Finnis
- Philosophy of Law- John Finnis
- The Classical Utilitarians- John Stuart Mill and Jeremy Bentham
- The Struggle for Law- Ihering
- The Nature and Sources of Law- Gray
- The Province of Jurisprudence Determined- Austin
List of Theories by Different Scholars
- The greatest happiness of the greatest number of people- Bentham
- Entitlement Theory of Justice- Robert Nozicks
- The secular notion of natural law- Hugo Grotius
- Grundnorm Theory- Kelsen
- Principle of respect and principle of community participation- Rudolf Stammler
- Utilitarianism Theory- Bentham
- Jural Postulate- Roscoe Pound
- Mechanical and Organic Solidarity- Emile Durkheim
- Principle of the greatest equal liberty- John Rawls
- Pain and pleasure theory- Bentham
Important Statements Relating to Law
- Law is the finding of reality- Plato
- Jurisprudence is the science of the first principles of civil law- Salmond
- An unjust law is not law- Cicero
- All real law is civil law- Thomas Hobbes
- Law is the expression of general will- Rousseau
- Law is the command of sovereign- Austin
- Law develops like a language- Savigny
- Law is a continuous and unbreakable process- Savigny
- Volkgiest(general will of the people)- Savigny
- The law comes into existence because of conflict between general and individual will- Puchta
- Status to contract- Henry Main
- State and law are temporary phenomena- Karl Marx
- Society changes faster than law- Karl Llewellyn
- American Realist- Karl Llewellyn
- Judges don’t make law rather they discover it- Jerome Frank
- Law is what judge decides- Gray
- Law is nothing but a set of social facts- Olivercrona
- Law is an instrument of suppression- Karl Marx
- Rights are legally protected interest- Ihering
- Law as dynamic and not as static- Karl Llewellyn
Head or Chairman of Different Areas
The areas where Prime Minister chaired or headed it:
|Council of Minister|
|Chancellor of TU|
Recommendation and Appointment of Judges
- Chief Justice of the Supreme Court – Recommended by Constitutional Council and appointed by President.
- Other Judges of the Supreme Court – Recommended by Judicial Council and appointed by President.
- Chief Judge and other judges of the high court – Recommended by the Judicial Council and appointed by the Chief Justice.
- Judges of the district court – Recommended by the Judicial Council and appointed by the Chief Justice.
- Law Day- Baisakh 26
- Democracy Day- Falgun 7
- Constitution Day- Asoj 3
- World Environment Day- June 5
- World Population Day- July 11
- International Woman’s Day- March 8
- World AIDS Day- December 1
- Children’s Day- Bhadra 29
- Martyr’s Day- Magh 16
- Loktantra Day- Baisakh 11
- Education Day- Falgun 12
- UN Day- October 24
- SAARC was Established in 1985 AD.
- TU Established in- 2016 B.S
- Shrestha Pathsala was Established in 1962 B.S
- UN was Established in 1945 AD.
- Membership of the UN by Nepal in 1955 AD.
Important Parts of the Constitution of Nepal
- Part 1- Preliminary
- Part 2- Citizenship
- Part 3- Fundamental Rights and Duties
- Part 4- Directives, principles, policies, and Obligations of the State
- Part 6- President and Vice President
- Part 7- Federal Executive
- Part 11- Judiciary
- Part 12- General Attorney
- Part 29- Political Parties
- Part 30- Emergency Power
- Part 31- Amendment of Constitution
Important Articles of the Constitution of Nepal
- Article 1- Constitution as the fundamental law
- Article 61- President
- Article 63- Term of office of president
- Article 76- Constitution of Council of Minister
- Article 84- Composition of House of Representative
- Article 86- Composition of National Assembly
- Article 101- Impeachment
- Article 127- Courts
- Article 128- Supreme Court
- Article 129- Appointment and Qualification of Chief Justice and Judges of SC
- Article 133- Jurisdiction of Supreme Court
- Article 139- High Court
- Article 140 Appointment and Qualification of Chief Judge and Judges of High Court
- Article 144- Jurisdiction of High Court
- Article 148- District Court
- Article 149- Appointment and Qualification of Judges of District Court
- Article 151- Jurisdiction of District Court
- Article 272- Emergency Power
- Article 274- Amendment to Constitution
- Article 275- Provision relating to Referendum.
- Article 284- Constitutional Council
Important Full Forms
- CRC- Convention on the Rights of Child
- FIR- First Information Report
- ILO- International Labor Organization
- UNICEF- United Nations International Children’s Emergency Fund
- IMF- International Monetary Fund
- UNDP- United Nations Development Program
- UNHCR- United Nations High Commission for Refugee
- WTO- World Trade Organization
- FAO- Food and Agricultural Organization
- UDHR- Universal Declaration of Human Rights