NCERT Textbook: Nature and Meaning of Law | NCERT Books & Solutions for Humanities - Humanities/Arts PDF Download

 Page 1


Nature and Sources 
of Laws
Page 2


Nature and Sources 
of Laws
I. Nature and Meaning of Law 87
I. Introduction 87
II. Historical Perspectives 88
III.Schools of Law 97
IV.Function and purposes of law 99
II. Classification of Law 101
I. International Law 101
II. Municipal Law 102
III. Sources of Law 106
I. Where does law come from? 107
II. Classification of Sources 107
III.Custom as a source of law 107
IV.Judicial Precedent as a Source of Law 110
V. Legislation as a Source of Law 116
IV. Law Reform 119
I. Need for Law Reform 119
II. Law reforms in India 119
V. Major works of Jurists 123
Comprehension Questions 124
Activities 125
References 126
Content
Page 3


Nature and Sources 
of Laws
I. Nature and Meaning of Law 87
I. Introduction 87
II. Historical Perspectives 88
III.Schools of Law 97
IV.Function and purposes of law 99
II. Classification of Law 101
I. International Law 101
II. Municipal Law 102
III. Sources of Law 106
I. Where does law come from? 107
II. Classification of Sources 107
III.Custom as a source of law 107
IV.Judicial Precedent as a Source of Law 110
V. Legislation as a Source of Law 116
IV. Law Reform 119
I. Need for Law Reform 119
II. Law reforms in India 119
V. Major works of Jurists 123
Comprehension Questions 124
Activities 125
References 126
Content
87
I. INTRODUCTION
The law and the legal system are very important in 
any civilization. In modern times, no one can 
imagine a society without law and a legal system. 
Law is not only important for an orderly social life 
but also essential for the very existence of 
mankind. Therefore, it is important for everyone 
to understand the meaning of law. 
In a layman's language, law can be described as' a 
system of rules and regulations which a country or 
society recognizes as binding on its citizens, 
which the authorities may enforce, and violation 
of which attracts punitive action. These laws are 
generally contained in the constitutions, 
legislations, judicial decisions etc. 
Jurists and legal scholars have not arrived at a 
unanimous definition of law. The problem of 
defining law is not new as it goes back centuries. 
Some jurists consider law as a 'divinely ordered rule' or as 'a reflection of divine reasons'. Law 
has also been defined from philosophical, theological, historical, social and realistic angles.
It is because of these different approaches that different concepts of law and consequently 
various schools of law have emerged. Jurists hold different perceptions and understanding of 
what constitutes the law and legal systems. This chapter examines the various definitions of law 
as provided by different jurists.
UNIT 02: CHAPTER 1 
Nature and Meaning of Law
Justitia, a Roman goddess of justice, wore a 
blindfold and has been depicted with sword 
and scales. Representations of the Lady of 
Justice in the Western tradition occur in many 
places and at many times. Like Justitia, She 
too usually carries a sword and scales. Almost 
always draped in flowing robes and mature 
but not old, she symbolizes the fair and equal 
administration of law. without corruption, 
avarice, prejudice, or favor. 
Source www.commonlaw.com/Justice.html
The Case of the Speluncean Explorers:
A famous hypothetical legal case used in the study of law, written by Lon Fuller in 1949 for the 
Harvard Law Review.
A team of the five explorers are trapped in a cave. Through radio contact with physicians they are 
informed that they will starve to death by the time they are rescued. They cast a dice and elect to 
kill and eat one of their own team members to avoid the death of all. The four remaining Spelunkers 
are rescued and are all accused for the murder of their fifth member.
In your opinion, should they be acquitted or convicted for murder?
Page 4


Nature and Sources 
of Laws
I. Nature and Meaning of Law 87
I. Introduction 87
II. Historical Perspectives 88
III.Schools of Law 97
IV.Function and purposes of law 99
II. Classification of Law 101
I. International Law 101
II. Municipal Law 102
III. Sources of Law 106
I. Where does law come from? 107
II. Classification of Sources 107
III.Custom as a source of law 107
IV.Judicial Precedent as a Source of Law 110
V. Legislation as a Source of Law 116
IV. Law Reform 119
I. Need for Law Reform 119
II. Law reforms in India 119
V. Major works of Jurists 123
Comprehension Questions 124
Activities 125
References 126
Content
87
I. INTRODUCTION
The law and the legal system are very important in 
any civilization. In modern times, no one can 
imagine a society without law and a legal system. 
Law is not only important for an orderly social life 
but also essential for the very existence of 
mankind. Therefore, it is important for everyone 
to understand the meaning of law. 
In a layman's language, law can be described as' a 
system of rules and regulations which a country or 
society recognizes as binding on its citizens, 
which the authorities may enforce, and violation 
of which attracts punitive action. These laws are 
generally contained in the constitutions, 
legislations, judicial decisions etc. 
Jurists and legal scholars have not arrived at a 
unanimous definition of law. The problem of 
defining law is not new as it goes back centuries. 
Some jurists consider law as a 'divinely ordered rule' or as 'a reflection of divine reasons'. Law 
has also been defined from philosophical, theological, historical, social and realistic angles.
It is because of these different approaches that different concepts of law and consequently 
various schools of law have emerged. Jurists hold different perceptions and understanding of 
what constitutes the law and legal systems. This chapter examines the various definitions of law 
as provided by different jurists.
UNIT 02: CHAPTER 1 
Nature and Meaning of Law
Justitia, a Roman goddess of justice, wore a 
blindfold and has been depicted with sword 
and scales. Representations of the Lady of 
Justice in the Western tradition occur in many 
places and at many times. Like Justitia, She 
too usually carries a sword and scales. Almost 
always draped in flowing robes and mature 
but not old, she symbolizes the fair and equal 
administration of law. without corruption, 
avarice, prejudice, or favor. 
Source www.commonlaw.com/Justice.html
The Case of the Speluncean Explorers:
A famous hypothetical legal case used in the study of law, written by Lon Fuller in 1949 for the 
Harvard Law Review.
A team of the five explorers are trapped in a cave. Through radio contact with physicians they are 
informed that they will starve to death by the time they are rescued. They cast a dice and elect to 
kill and eat one of their own team members to avoid the death of all. The four remaining Spelunkers 
are rescued and are all accused for the murder of their fifth member.
In your opinion, should they be acquitted or convicted for murder?
88
II. HISTORICAL PERSPECTIVE
Plato (left) is carrying a copy of his Timeus, and pointing upwards, which symbolizes his concern with 
the eternal and immutable forms. Aristotle (384 BC - 322 BC)(right) is carrying a copy of his 
Nicomachean Ethics, and keeping his hand down, which symbolizes his concern with the temporal and 
mutable world. It depicts different approaches towards law from ancient times.
Source
The Critical Thinker (TM), 'Plato vs. Aristotle: The Classic Philosophical Duel',http://thecriticalthinker. 
wordpress.com/2009/01/12/plato-vs-aristotle/
There are many definitions of law given by various jurists. Some of the important definitions of 
law are as follows:
The ancient Greek Philosopher Aristotle defined law 'as an embodiment 
of reasons whether in individual or the community'.
Source: http://commons.wikimedia.org/wiki/File:Aristotle_by_Raphael.jpg
Aristotle
(427 BC - 314 BC)
Page 5


Nature and Sources 
of Laws
I. Nature and Meaning of Law 87
I. Introduction 87
II. Historical Perspectives 88
III.Schools of Law 97
IV.Function and purposes of law 99
II. Classification of Law 101
I. International Law 101
II. Municipal Law 102
III. Sources of Law 106
I. Where does law come from? 107
II. Classification of Sources 107
III.Custom as a source of law 107
IV.Judicial Precedent as a Source of Law 110
V. Legislation as a Source of Law 116
IV. Law Reform 119
I. Need for Law Reform 119
II. Law reforms in India 119
V. Major works of Jurists 123
Comprehension Questions 124
Activities 125
References 126
Content
87
I. INTRODUCTION
The law and the legal system are very important in 
any civilization. In modern times, no one can 
imagine a society without law and a legal system. 
Law is not only important for an orderly social life 
but also essential for the very existence of 
mankind. Therefore, it is important for everyone 
to understand the meaning of law. 
In a layman's language, law can be described as' a 
system of rules and regulations which a country or 
society recognizes as binding on its citizens, 
which the authorities may enforce, and violation 
of which attracts punitive action. These laws are 
generally contained in the constitutions, 
legislations, judicial decisions etc. 
Jurists and legal scholars have not arrived at a 
unanimous definition of law. The problem of 
defining law is not new as it goes back centuries. 
Some jurists consider law as a 'divinely ordered rule' or as 'a reflection of divine reasons'. Law 
has also been defined from philosophical, theological, historical, social and realistic angles.
It is because of these different approaches that different concepts of law and consequently 
various schools of law have emerged. Jurists hold different perceptions and understanding of 
what constitutes the law and legal systems. This chapter examines the various definitions of law 
as provided by different jurists.
UNIT 02: CHAPTER 1 
Nature and Meaning of Law
Justitia, a Roman goddess of justice, wore a 
blindfold and has been depicted with sword 
and scales. Representations of the Lady of 
Justice in the Western tradition occur in many 
places and at many times. Like Justitia, She 
too usually carries a sword and scales. Almost 
always draped in flowing robes and mature 
but not old, she symbolizes the fair and equal 
administration of law. without corruption, 
avarice, prejudice, or favor. 
Source www.commonlaw.com/Justice.html
The Case of the Speluncean Explorers:
A famous hypothetical legal case used in the study of law, written by Lon Fuller in 1949 for the 
Harvard Law Review.
A team of the five explorers are trapped in a cave. Through radio contact with physicians they are 
informed that they will starve to death by the time they are rescued. They cast a dice and elect to 
kill and eat one of their own team members to avoid the death of all. The four remaining Spelunkers 
are rescued and are all accused for the murder of their fifth member.
In your opinion, should they be acquitted or convicted for murder?
88
II. HISTORICAL PERSPECTIVE
Plato (left) is carrying a copy of his Timeus, and pointing upwards, which symbolizes his concern with 
the eternal and immutable forms. Aristotle (384 BC - 322 BC)(right) is carrying a copy of his 
Nicomachean Ethics, and keeping his hand down, which symbolizes his concern with the temporal and 
mutable world. It depicts different approaches towards law from ancient times.
Source
The Critical Thinker (TM), 'Plato vs. Aristotle: The Classic Philosophical Duel',http://thecriticalthinker. 
wordpress.com/2009/01/12/plato-vs-aristotle/
There are many definitions of law given by various jurists. Some of the important definitions of 
law are as follows:
The ancient Greek Philosopher Aristotle defined law 'as an embodiment 
of reasons whether in individual or the community'.
Source: http://commons.wikimedia.org/wiki/File:Aristotle_by_Raphael.jpg
Aristotle
(427 BC - 314 BC)
89
Bentham
(1748-1832)
John Austin
(1790-1859)
H. L. A Hart
(197-1992)
British philosopher Jereny Benthan defined the as 'A collection of signs 
declarative of a volition conceived or adopted by the sovereign'
Source: http://commons.wikimedia.org/wiki/File:Jeremy_Bentham_ by_J Wright.jpg
Noted British Jurist John Austin says law is -
A body of rules determined and enforced by a sovereign political 
authority.
Source:http://commons.wikimedia.org/wiki/File:John_Austin.jpg
Well known British ugal philosopher Herbert Lionel Adolphess Hant 
defines law as:
A system of rules, a union of primary and secondary rules. The Primary 
rules impose duties on people to behave in certain ways. Secondary 
rules, by contrast, pertain to the primary rules.
Source: http://commons.wikimedia.org/wiki/File:H.L._Hart.JPG