Andhra Pradesh BIEAP AP Inter 1st Year Civics Study Material 4th Lesson Law Textbook Questions and Answers.
AP Inter 1st Year Civics Study Material 4th Lesson Law
Long Answer Questions
Question 1.
Define Law. Explain its various sources.
(or)
Question 2.
What is meant by law? Discuss the various sources of law.
Answer:
Introduction :
Law is an important concept in the study of political science. It is an important feature of modem state. Law regulates the external behaviour of individuals. It determines and regulates the nature of individual’s activities.
Individual’s life, social order, political system, economic transactions, cultural activities etc., remain paralysed in the absence of laws.
It is due to the deterioration of legal system that public life, governmental organisations, and state activities were affected to a great extent in some contemporary states. Afghanistan, Iraq, Nigeria, Somalia, Soviet Union, Ukraine, Yemen, Palestine etc., are some examples of such states.
Meaning :
The term “Law” is derived from the Teutonic (German) word “Lag” which means “To Lay”, “To Set” or something fixed.
The second dimension is that the word “Law” had its roots in the Latin words “Jus and Jungere” which means bond or Tie.
Definitions:
Political thinkers defined law in different ways which are listed below :
- “Law is the command of the sovereign”. – John Austin
- “Law is the system of rights and obligations which the State enforces”. – T.H. Green
- “Law is a general rule of external action enforced by the sovereign political authority”. – T.E. Holland
- “Law is a body of rules which the State recognises and applies in the administration of Justice”. – John Salmond
Sources of Law :
Law is a product of history. It has passed through various stages of development. Several elements have contributed to its evolution. In Legal sense, the state is the main source of law. Professor T.E. Holland mentioned six sources of Law. They are
- Customs
- Religion
- Judicial Decisions
- Scientific Commentaries
- Equity and
- Legislature.
1) Customs, Practices, and Traditions:
These are one of the important sources of law. In primitive societies, there were no laws in written form. All disputes were settled in accordance with social customs and traditions. Customs regulated the social life in the early societies. Customs and traditions cannot be laws in political sense. But, when the State recognises certain traditions, they in turn become laws. For example, the laws relating to marriage, divorce etc., found in our Country are based on traditions, the common law of England.
2) Religion :
In ancient times customary laws and religious laws were intermixed. The religious teachers enjoyed unlimited powers in those times. Their decisions were treated on par with laws. The primitive men believed that the judgements of the religious teachers had divine sanction. The ancient Roman laws were merely the religious laws. The Hindu and Muslim laws derived inspiration mainly from religion.
3) Judicial Decisions/Adjudication/Judgement of the Courts :
The judgements of the judges also serve as a source of law. Generally, judges interpret laws, apply them to particular cases and deliver judgements. Their judgements become precedents and are usually followed by other judges in similar cases. In course of time such judgements acquire the status of law. In this way, judges add to the law of the country. There are many instances that new laws have evolved by way of interpretation. Many of the laws in Britain, America, and India have originated from the judgements of the Judges of the respective countries.
4) Scientific Commentaries :
These are the works of great Jurists. The views of the Jurists expressed in their works also act as and important source of law. The Jurists collect and compare the past customs and laws with those of the present. While doing so, they point out the defects in the existing laws and suggest ways for their improvement. The views of the Jurists however, do not become laws. But, they become laws when they are recognised by the courts. For example, the writings of Coke and Black Stone in the U.K. are held in high esteem. The same is the position of Story and Kent in America and the Vignaneswara and Apararka in India.
5) Equity:
Equity means fairness or justice. It is also a kind of Judge – made law. It is an informal method Of making a new law or altering an old law to new conditions. Some-times, the courts may be confronted with the disputes about which the law is silent. Under such situation, the Judge will give relief to the aggrieved party by using principles of social justice and humanism common-sense. In course of time, they acquire the status of law. In equity, Judge is adding to the law what is missing therein and creating a new one.
6) Legislature :
This is the most important and direct source of law. Most of the laws now-a-days are made by the legislatures. Hence, legislatures are regarded as “Law-Making Factories”. They frame new laws, amend the existing laws and if necessary, abolish old laws. The other sources of Law have been replaced by the legislature. This, however, does not mean that they have no role to play in influencing laws. While framing laws, the legislators bear in mind the customs, religious practices, judicial decisions etc.
Question 3.
Explain Maclver’s classification of Laws.
Answer:
Meaning :
The English word Law’ originates from the ancient Teutonic word ‘Lag’ which means “something that lies fixed or uniform”.
Definitions :
- “Law is the command of the sovereign”. – John Austin
- “Law is a general rule of external action enforced by the sovereign political authority”. – T.E. Holland
Classification of Law:
Many political philosophers gave their classifications on laws in different ways, of them the classification given by Maclver is mention worthy.
Law is mainly classified into two types namely i) Natural Law ii) Positive Law.
Law is further divided into National Law and International Law.
National Law is further grouped into constitutional law and ordinary law.
Ordinary Law is again classified into public law and private law.
Public Law is further divided into Administrative Law and general law. General law is divided into statutory law, case Law and common law.
The above classification of Law can be explained in the following points.
1) Natural Law :
Natural Law is also known as divine law. It is abstract. It is not created by any human agency. It is considered as the gift of nature based on metaphysical power. It refers to the use of reason to analyse human nature. It is written in the heart of human beings by the finger of God.
2) Positive Law :
Positive Law is created by the human Agency. It is also known as political law. It is framed on the basis of the existing social and political conditions. It is sanctioned by the Sovereign Political Authority. Violation of positive law leads to punishment.
Positive Law is further classified into two categories – A) National Law and B) International Law.
A) National Law :
National Law is also known as law of the state. It confines to the territorial limits of the state. It is enforced by the sovereign, is applicable to all the people in a state. It is enforced by the sovereign, is applicable to all the people in a state.
B) International Law :
International Law is one which regulates the cordial relations among various states. National Law is further divided into two categories
i) Constitutional Law and
ii) Ordinary Law.
i) Constitutional Law:
It is a basic law of any state. It defines the political system. All the basic principles of administration are included in this type. All other laws in the state are subservient to constitutional law. It is framed by the constituent assembly.
ii) Ordinary Law :
It determines the relation between the state, administration and people. These laws are framed by a group of officials authorised by law. Ordinary law is further divided into
A) Public law and
B) Private law.
A) Public Law :
It regulates the relation between people and state. These laws are formulated by state for society.
B) Private Law :
It regulates the relation between citizens. It protects the rights of citizens. It is also called civil law.
Public Law is further divided into i) Administrative Law and ii) General Law.
C) Administrative Law:
It regulates the administrative relations between the authorities and people. Administrative law brings discipline among the personnel in the government. Now it is implementing in France and India.
D) General Law :
It deals with the private affairs of individual in relation to the state. It covers the laws relating to marriage, divorce, contract etc. General Law is further classified into
i) Statutory law
ii) Common law.
i) Statutory Law:
Statutory law is the greater part of modem law. It is enacted by the Legislature of a state for the day to day administration. Ex : The Parliament in India, the Congress in United States, and Parliament in Britain formulate this type of law.
ii) Common Law :
Common law is a customary law. It is a product of customs and traditions which are popular among the people. The courts accept common law as a part of the legal system.
Question 4.
Explain the relationship between Law and Liberty.
Answer:
Law and Liberty are the two fundamental concepts in political science. These two concepts are interdependent. There is no unanimity of opinion among political philosophers in regard to the relation between Law and Liberty.
There are two different schools which gave contradictory opinions. One school of thought believed that Law and Liberty are antithetical to each other. The other school of thought believed that Law and Liberty are inter-related to each other. Let us explain the two versions.
i) Law and Liberty are Antithetical :
Individualists like J.S.Mill, Herbert Spencer, David Ricardo, Adam Smith believed that law always restricts the activities of human beings. The State is the principal agency which destroys individual’s liberties. It will not “allow the citizens to take active part in the affairs of State and Government. Similarly, it becomes a hurdle in performing the economic activities of the Nation. The recent liberalised economic policies in many countries changed the pace of their economies. These policies enabled the people to freely participate in economic activities. Therefore, individualists believed that state is a necessary evil institution. They stated that the Government is the best which governs the least. Therefore Law and Liberty are antithetical to each other.
ii) Law and Liberty are complementary :
The socialists and communists believed that Law and Liberty are complementary to each other. They regarded the State as a welfare agency. Law imposes restrictions essential for the social welfare. It is a fact that the capitalist class exploited the working class. The State shall eradicate the evils of exploitation by making necessary laws.
The idealists believed that State is a Moral Agency The State represents the general will of the community. Individuals will be free when they obey the laws of the State. Moussolini gave a slogan “Nothing against the State”. Law always protects the interests of the people. Therefore both the concepts of Law and Liberty are complementary to each other.
Short Answer Questions
Question 1.
Define Law and mention the features of law.
Answer:
Law is an important concept in the study of political science. It is an important feature of Modern State. Law regulates the external behaviour of individuals.
Meaning:
The term “Law” is derived from the Teutonic word “Lag” which means something fixed.
Features of Law :
The following are some important features of law.
- Law comprises some rules and regulations which are approved by the Sovereign.
- It is enforced by the State. It is valid because it is sanctioned by the State.
- It is definite, precise and universal.
- It reflects the will of the people.
- Any violation of law leads to punishment.
- Laws are compulsory and cohesive in nature.
- Law aims at securing and promoting the individual and general welfare.
- Law is dynamic as it goes on changing according to the needs of the people.
Question 2.
Discuss different kinds of law.
Answer:
Many political philosophers gave their classifications on laws in different ways. Of them the classification given by Maclver is mentioned worthy which can be explained in the following points.
1. Natural Law :
Natural law is also known as divine law. It is abstract. It is not created by any human agency. It is considered as the gift of nature, based on metaphysical power. It refers to the use of reason to analyse human nature. It is written in the heart of human beings by the finger of God.
2. Positive Law :
Positive law is created by the human agency. It is also known as political law. It is framed on the basis of the existing social and political conditions. It is sanctioned by the Sovereign Political Authority. Violation of positive law leads to punishment.
3. Constitutional Law:
It is a basic law of any state. It defines the political system. All the basic principles of administration are included in this type. All other laws in the State are subservient to constitutional law. It is framed by the constituent assembly.
4. Ordinary Law :
It determines the relation between the State, Administration and people. These laws are framed by a group of officials authorised by law.
5. Public Law :
It regulates the relation between people and state. These laws are formulated by State for Society.
6. Private Law :
It regulates the relation between citizens. It protects the rights of citizens. It also called civil law.
7. Administrative Law:
It regulates the administrative relations between the authorities and people. Administrative law brings discipline among the personnel in the government. Now it is implementing in France and India.
8. General Law:
It deals with the private affairs of individual in relation to the State. It covers the laws relating to Marriage, Divorce, Contract etc.
9. Statutory Law:
Statutory law is the greater part of modem law. It is enacted by the Legislature of a State for the day to day Administration.
10. Common Law :
Common law is o customary law. It is a product of customs and traditions which are popular among the people. The courts accept common law as a part of the legal system.
Question 3.
Write about any three sources of Law.
Answer:
Definitions:
The English word ‘Law’ originates from the ancient Teutonic word ‘Lag’ which means “something that lies fixed or uniform”. Political thinkers defined law in different ways which are listed below :
- “Law is the command of the sovereign”. – John Austin
- “Law is the system of rights and obligations which the State enforces”.- T.H. Green
Sources of Law:
1) Customs, Practices, and Traditions:
These are one of the important sources of law. In primitive societies, there were no laws in written form. All disputes were settled in accordance with social customs and traditions. Customs regulated the social life in the early societies. Customs and traditions cannot be laws in political sense. But, when the State recognises certain traditions, they in turn become laws. Ex: The laws relating to marriage, divorce etc., found in our Country are based on traditions, the common law of England.
2) Religion :
In ancient times customary laws and religious laws were intermixed. The religious teachers enjoyed unlimited powers in those times. Their decisions were treated on par with laws. The primitive men believed that the judgements of the religious teachers had divine sanction. The ancient Roman laws were merely the religious laws. The Hindu and Muslim laws derived inspiration mainly from religion.
3) Judicial Decisions / Adjudication / Judgement of the Courts :
The judgements of the judges also serve as a source of law. Generally, judges interpret laws, apply them to particular cases and deliver judgements. Their judgements become precedents and are usually followed by other judges in similar cases. In course of time such judgements ac- quire the status of law. In this way judges add to the law of the country. There are many instances that new laws have evolved by way of interpretation. Many of the laws in Britain, America and India have originated from the judgements of the Judges of the respective countries.
Question 4.
Distinguish between Law and Morality.
Answer:
| Law | Morality |
| 1) Law is concerned with the external behaviour of individuals. | 1) Morality is concerned with the whole life of individuals. |
| 2) Law is a concern of the State. | 2) Morality is concerned with individual conscience. |
| 3) Law is backed by the coercive power. | 3) Public opinion and individual conscience lie behind morality. |
| 4) Law is definite and precise. | 4) Morality is vague and uncertain. |
| 5) Law acts within the Territory of a State. | 5) Moral principles are universal in Nature. |
| 6) Law is enacted with a specific objective. | 6) Moral principles are inherent in Society. |
| 7) Laws are sanctioned by the Sovereign. | 7) Moral principles are sanctioned by the society. |
| 8) Law is the subject matter of political science. | 8) Moral principles are the subject matter of ethics. |
| 9) Violation of law leads to punishment. | 9) Violation of moral principles does not leads to punishment. |
| 10) There is a definite agency to make and implement the law. | 10) There is no such agency in the case of moral principles. |
Question 5.
“Law and Liberty are Antithetical” – Analyse this statement
Answer:
Individualists like J.S.Mill, Herbert spencer, David Ricardo, Adam Smith believed that law always restricts the activities of human beings. The state is the Principal Agency which destroys individual liberties. It will not allow the citizens to take active part in the affairs of State and Government. Similarly, it becomes a hurdle in performing the economic activities of the nation.
The recent liberalised economic policies in many countries changed the pace of their economies. These policies enabled the people to freely participate in economic activities. Therefore, individualists believed that state is a necessary evil institution. They stated that the Government is the best which governs the least. Therefore law and liberty are antithetical to each other.
Question 6.
How Law and Liberty are complementary?
Answer:
Law and Liberty are the two fundamental concepts in political science. These two concepts are interdependent. The socialists and communists believed that Law and Liberty are complementary to each other. They regarded the State a Welfare Agency. Law imposes restrictions essential for the social welfare. It is a fact that the capitalist class exploited the working class. The state shall eradicate the evils of exploitation by making necessary laws.
The idealists believed that state is a moral agency. The state represents the general will of the community. Individuals will be free when they obey the laws of the state. Mussolini gave a slogan “Nothing against the State”. Law always protects the interests of the people. Therefore both the concepts of law and liberty are complementary to each other.
Question 7.
In what way are law and morality related to each other?
Answer:
Law and morality are considered as the basic pillars of social institutions. The two elements play a vital role in the maintenance of peace, security and prosperity in society. They have different versions with common objective. They are interrelated and interdependent. Some political philosophers believed that law and morality are one and the same. In this context R. G. Gettle stated thus “Law and Morality were both identical. Both arise as a result of habits and experience in primitive social life when moral and social lives were not separate. Inspite of certain differences, Law and Morality are meant for common welfare. Both deal with individual as a moral agent of society. Ex : In ancient India the term “Dharma” denotes both law and morality. The Greek political philosophers identified the two as same.
Very Short Answer Questions
Question 1.
Explain the origin of the term “Law”. [A.P. 2019]
Answer:
The term “LAW’ is derived from the Teutonic route (German) “Lag” which means “To Lay”, “To Set” or something fixed. The second dimension is that the word “Law” had its roots in the Latin Words “Jus and Jungere” which mean bond or tie.
Question 2.
Write any two definitions of Law.
Answer:
Political thinkers defined law in different ways which are listed below.
- “Law is the command of the Sovereign”. – John Austin
- “Law is the system of Rights and obligations which the state enforces”. – T.H. Green
Question 3.
What are the features of Law?
Answer:
The following are some important features of law
- It is enforced by the State.
- It is definite, precise and universal.
- It reflects the will of the people.
- Laws are compulsory and cohesive in nature.
- Any violation of law leads to punishment.
Question 4.
Define the term “Rule of Law”. [A.P. 19, 15; T.S. 17, 15]
Answer:
Rule of Law is an important type of administration of justice. It originated in England. It implies :
- Legal Equality : All are equal before law.
- No Arbitrary Action : Punishment is given only when an existing law is violated.
- No Special Rights : No individual is above law and law does not recognise any special privileges.
Question 5.
What is Natural Law?
Answer:
Natural Law is also known as Divine Law. It is abstract. It is not created by any human agency. It is considered as the gift of nature, based on metaphysical power. It refers to the use of reason to analyse human nature. It is written in the heart of human beings by the finger of God.
Question 6.
What do you mean by Administrative Law?
Answer:
Administrative law plays an important role in the smooth functioning of administration. It regulates the administrative relations between the authorities and people. It helps the Government to bring reforms in the sphere of development and welfare programmes. Administrative law brings discipline among the personnel in the Government. Now it is implementing in France and India.
Question 7.
Write any three sources of Law. [T.S. 2017]
Answer:
Professor T.E. Holland mentioned six sources of law. They are
- Customs
- Religion
- Judicial decisions
- Scientific commentaries
- Equity and
- Legislature.
Question 8.
What is Constitutional Law? [A.P. Mar. 18]
Answer:
The basic law according to which the Government in a State is conducted is called constitutional law. It defines the political system. It is usually prepared by a body known as Constituent Assembly, formed only for that purpose. All other laws in the State are subordinate to this law. It also contains fundamental rights and fundamental duties.
Question 9.
Define Public Law.
Answer:
Public law regulates the relations between state and individuals. It explains the basic structure and functions of the State. It covers the basic rights of the individuals against the interference of the State. It must be followed by the citizens. Its violation leads to punishment.
Question 10.
Define the term Equity.
Answer:
Equity means fairness or justice. It is also a kind of Jude – Made law. It is an informal method of making a new law or altering an old law to new conditions. Sometimes, the courts may be confronted with the disputes about which the law is silent. Under such situation, the Judge will give relief to the aggrieved party by using principles of social justice and humanism common-sense. In course of time, they acquire the status of law. In equity Judge is adding to the law what is missing therein and creating a new one.
Question 11.
What do you mean by Scientific Commentaries?
Answer:
These are the works of great Jurists. The views of the Jurists expressed in their works also act as an important source of law. The Jurists collect and compare the past customs and laws with those of the present. While doing so, they point out the defects in the existing laws and suggest ways for thier improvement. The views of the Jurists however, do not become laws. But, they become laws when they are recognised by the courts. Ex : The writings of Coke and Black Stone in the U.K. are held in high esteem. The same is the position of Story and Kent in America and the Vignaneswara and Apararka in India.
Question 12.
What is the role of Legislature in law making Laws?
Answer:
This is the most important and direct soruce of law. Most of the laws now-a-days are made by the legislatures. Hence, legislatures are regarded as “Law-making Factories”. They frame new laws, amend the existing laws and if necessary, abolish old laws. The other sources of law have been replaced by the legislature. This, however, does not mean that they have no role to play influencing laws. While framing laws, the legislators bear in mind the customs, religious practices, judicial decisions etc.
Question 13.
What is meant by Statutory Law?
Answer:
Statutory law is an important part of modem law. it is enacted by the legislature of a state for the day to day administration. For instance, the Parliament in India, the Congress in United States and Parliament in Britain formulate this type of law.