Functions and Purpose of Law, Questions of Law, Fact, and Discretion | Jurisprudence - CLAT PG PDF Download

Meaning and Nature of Law

Law is the main topic of study in jurisprudence, which focuses on the analysis and understanding of law. In a broad sense, law refers to any rule of action or standard to which actions are expected to conform.

• Blackstone viewed law as a universal rule of action applicable to all kinds of actions, while Bentham saw it as a discourse expressing the will of a person or group in relation to others.
• Salmond defined law as the principles recognized and applied by the sovereign in administering justice, while Austin viewed it as a command of the sovereign enforced by sanctions.
• The definitions of law can be categorized into three main perspectives:
• Natural Theory of Law: Law is seen as a dictate of reason.
• Analytical School of Law: Law is viewed as a command of the sovereign.
• Legal Realism: Law is considered the practice of the court.
• In its concrete form, law includes statutes, ordinances, decrees, and legislative acts. Law is also seen as a normative science that sets standards for human behavior and is enforceable by the state.
• Law is distinct from other social sciences due to its normative character and the pursuit of stability and certainty. Historically, judges have played a role in shaping common law to address social changes.
• Law is viewed as a means to an end, specifically the achievement of social justice. Theorists generally agree that law serves as an instrument for securing justice.
• According to Holland, the function of law is to promote societal well-being and protect individuals' rights. Roscoe Pound identified four major functions of law: maintaining order, preserving the status quo, ensuring individual freedom, and meeting basic needs. Law is seen as a form of social engineering.
• While law regulates conduct in society, its operation must be balanced to ensure certainty and stability. Jurists have historically emphasized law as a tool for balancing rights and duties to maintain social control.
• Salmond's view on the function of law is considered logical and sound. Law encompasses various rules and principles, serving as an instrument to regulate human conduct and embodying concepts such as justice, morality, and order from society's perspective.
• From the legislature's viewpoint, law includes statutes, acts, rules, regulations, and ordinances. Judges see law as comprising court rules, decrees, judgments, and orders. Law is a broad term encompassing various legal elements, including acts, statutes, rules, and principles like justice and morality.
• Throughout history, mankind has established rules or laws to govern society, with law setting standards for societal living. Law establishes societal rules and regulations, ensuring freedom, justice for the wronged, and protection from governmental overreach. Law also provides mechanisms for dispute resolution and enforcement of promises in court.
• As per Corley and Reed, law is a body of rules prescribed by authority and legally binding. Law prevents chaos in business and society, guiding aspects like employment regulation and compliance.

Devine and Human Laws

• Divine Laws: These are the laws set by God and are beyond the scope of jurisprudence, meaning they are not subject to legal study or interpretation.
• Human Laws: These are the laws created by humans and are within the realm of jurisprudence. Human laws are framed by societies to govern behavior and maintain order.

Public and Private Law

• Public Law: This area of law involves the state or sovereign as a party in legal matters. Public law governs the relationship between individuals and the state, where the state has a direct interest or role.
• Private Law: In private law, the state acts as an arbiter of rights between individuals or groups. Here, the state is not a party to the dispute but ensures that the rights of individuals are protected and upheld.

Salmond's Classification of Law

1. Imperative Law: This law is a command from the sovereign, requiring general observance and enforcement by some authority.
2. Physical or Scientific Law: These are laws of science, expressing the uniformities of nature.
3. Natural or Moral Law: Natural law is based on principles of right and wrong, while moral laws are based on morality principles.
4. Conventional Law: This is a system of rules agreed upon by individuals to regulate their conduct towards each other.
5. Customary Law: This law is based on customs observed by people and has been in practice since ancient times.
6. Practical or Technical Law: These are rules designed for a specific area of human activity.
7. International Law: These rules govern the relations between different nations.
8. Civil Law: This is the law enforced by the state.

Austin's Classification of Law

1. Divine Law: This is the law of God, which is beyond the study of jurisprudence.
2. Human Law: This refers to laws created by humans.
3. Positive Morality: This includes rules set by a non-political superior.
4. Figurative Law: This refers to laws that are metaphorically or figuratively so-called.

Austin believed that only divine law and human law are considered proper laws within his classification.

Purpose of Law

Definition of Law

Salmond emphasizes the judicial process but believes it's crucial to reference the purpose of law. He defines law as the body of principles recognized and applied by the state in administering justice. Justice is the ultimate goal of law, and thus, defining law by its purpose is essential.

Relationship between Law and Justice

One theory defines law in terms of justice, suggesting that an unjust law cannot exist. This raises questions about the relationship between law and justice. Earlier theories of natural law focused on justice and invalidated laws opposing natural justice. For instance, slavery was condemned by natural law but existed in legal systems.

Different Approaches to Law and Justice

Some approaches emphasize law over justice, viewing justice as conformity to law. However, this perspective lacks a criterion to test the operation of a legal system objectively. While the purpose of law is crucial for understanding its nature, the pursuit of justice is not its sole purpose. The law varies over time, and seeking a single, definitive purpose leads to dogmatism.

Securing Order

The most universal purpose of law seems to be securing order. However, this alone does not adequately describe law, as law itself is the order it represents.

Questions Before a Court of Law

Questions of Law

• First Sense: A question of law is where the answer is prescribed by a rule of law, such as determining the reasonable punishment for murder.
• Second Sense: This involves questions about the law's application where there is uncertainty, often due to varying interpretations of statutes. Lawyers play a crucial role in this area.
• Third Sense: In jury trials, questions to be answered by the judge are considered questions of law, as opposed to those for the jury, which are questions of fact.

Questions of Fact

• Broad Sense: Questions of fact are those not governed by a fixed rule of law, such as questions decided by the jury.
• Restricted Sense: Questions of fact are opposed to questions of judicial discretion, where the court has the discretion to decide based on the circumstances of the case.

Comparison of Questions of Fact and Discretion

• Questions of fact concern what is, while questions of discretion concern what ought to be.
• Questions of fact are proved by evidence, whereas questions of discretion involve reasoning and argument.
• In questions of fact, the court seeks to establish the truth, while in questions of discretion, the court aims to determine what is just.

Conversion of Questions of Fact and Discretion into Questions of Law

• Initially, decisions were based on the judge's discretion without fixed rules. Over time, principles were established, limiting judicial discretion.
• With societal advancement, statutes became more detailed, reducing judicial discretion further.
• Judicial decisions and authoritative opinions now guide courts, aiming to exclude moral judgments and adhere to fixed principles.
• Decisions of superior courts are recorded in Law Reports, binding lower courts to these rules.
• What were once questions of discretion are now questions of law, and questions of fact can also become questions of law over time.

Discordance between Law and Fact

• The law represents a theory of facts as perceived and acted upon in courts, which may not always align with external realities.
• The legal perspective is shaped by design, errors, and historical developments, leading to discord between law and fact.