LAW AND THE LEGAL PRINCIPLES

The planet Earth is divided into two kinds of world, viz, the Natural and Man-made. Their existence gives rise to the concept of society. Both these societies have different meanings to living life, but they share one common method in doing so, that is, following the guiding principles to which each of them is governed.

LEGAL ARTICLES

KUNAL SINGH

2021-08-31 5 min read

INTRODUCTION

The planet Earth is divided into two kinds of world, viz, the Natural and Man-made. Their existence gives rise to the concept of society. Both these societies have different meaning to living life, but they share one common method in doing so, that is, following the guiding principles to which each of them is governed. These guiding principles are nothing but what we call as LAWS. 

The establishment of the laws is necessity to regulate a society firmly. Due to these laws, the nature and behaviour of that particular society can be determined. The lawless society will cease to exist as the meaningful essential of that society would be lost. 

Hence, it is important to understand that law works as a medium through which the purpose of life and the society can be found. 

THE CONCEPT OF LAW

The meaning of law can be understood as “the principles which guide the society to regulate in an orderly manner and to achieve a mechanism through which problems and challenges can be resolved.
The law as defined works with the same objective for the nature and for different states of the world.

Law as a principle is available for the benefit of the state, hence, it is obvious that there are different kinds of laws for different states and societies depending upon their needs. The law enforced in a nation consists of different kinds of legal principles within itself regarding the issues present in that society. For example, in India LAW of CRIMES constitutes, the substantive criminal law, i.e., the Indian Penal Code; the procedural criminal law, i.e., the Code of Criminal Procedure; statutory criminal laws, such as laws of domestic violence, sexual offences against children, dowry offence, etc. 

Now it shall be observed that there is a law dealing with crimes in the state and for the working of the said law there are different kinds of legal principles governing with the same objectivity but through different methodology. 

Therefore, it can be implied that Law is the ideology and the Legal principles are the approaches for governing those ideologies. 

PURPOSE OF LAW

The establishment of the society marks the establishment of law. Without law, there is no civilised society. The law may not be always expressly mentioned, but it shall not mean that there is no law present. However, it is the legal principles that need to be explicit. The enforceability of law defines the legality of the provisions of law. The law, however, is provided through two approaches; those being,


The Natural Law Theory, and 

The Positive Law theory

The former deals with situations based on ethics, morality, on instincts by individuals, etc., while the latter provides a methodical way created by the sovereigns to deal with crimes and offences on violation of the codes. 

It shall be noted that it is the provision under positive law theory which creates a scope for having the laws enforceable in nature, so as to have a remedial action available in case of violations. This clause gives the positive law a leverage over the natural law theory. 

As mentioned before, the sole purpose of law is to maintain peace and balance in the society, and it can only be done when there are consequences present in relation to such violations. The law has basically three functions in the society, i.e., to set boundaries between wrong and right; to provide punishment for the offender/criminal; and in some cases, to provide remedy for the aggrieved person. 

LAW – a path to a respected life

The doctrine of Rule of Law, as explained by the Magna Carta states “No free man shall be taken or imprisoned or disseised or exiled or in any way destroyed nor will we go or send for him, except under a lawful judgement of his peers and by the law of the land.” 

This doctrine basically explains that if a person is a law-abiding citizen then it shall be the duty of the law to protect him. Hence, it shall be observed that a key to have a reputed image in the society is through giving equal respect to law and the legal system of the State. 

Similarly, the doctrine of Natural Justice, also called as fair hearing is also a fundamental aspect of any legal system to provide justice. A person having a right to be heard is nonetheless extremely beneficial for creating peace among the population of the State. 

All this shows nothing but a great quality of law towards the population. Law serves as a protector to those who abide by the legal principles; as a tool for the parties seeking justice; and, as an enforcer punishing the wrongdoer. Therefore, it shall be our duty to have respect towards the law so as to have a respect for oneself. 

RELINQUISHING POSITION OF LAW 

Nowadays, it has become very common to criticise the working of law, through which its importance has started to loosen. There is a general principle of law that not only the action shall be lawful, but the manner, and the method of that action shall also be lawful. Similarly, whenever a law has been criticised, it has been done on the basis of its slow and gradual result rather that a quick one or, if it fails in providing comfort with its provisions to people. It is however, very important to understand that a particular law contains a particular principle and ideology in it. So, it can be understood that a legislation may face difficulties in providing solutions for the society but the principles and ideologies on which it is based contains certain guidelines which have been developed over the time.


Therefore, it shall be kept in mind that a criticism must constitute proper analysis of a law, as to why that law is not fruitful, what is the reason of its failure of working, what ideology it should adopt to overcome the problem and so forth. It must be dug deep to the hidden principle while criticising and not upfront only. 

For its worth, it is very important to understand the functioning of the ideologies and theories and doctrines as they are authentic guidelines for developing the society.  

Conclusion 

Law serves as a binding force, fulfilling the needs and development of all essentials of the State. The purpose of law is to act as a medium providing a beneficial life for its people and a better system for the society. 

The Lawyers are the means to propagate the message of the law. They are the agents who speak of the legal principles on behalf of Law. The field of law has provided the lawyers with various accessories which hold certain dignified meaning, such as gown, band, etc., The lawyers are supposed to be the reflection of law while practising the ideologies of law whether as a practitioner or a teacher, therefore, it is very important to understand that the people in the realm of law have a power to approach and regulate different sectors of society to enumerate the legal guidelines. 

This gives the law students, Lawyers, Judges and every other member of this field a reputable image in the society which shall not be damaged as it will damage the Law itself.




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