Uniapply

04 Feb 2011

Introduction to Legal Studies in India

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The human mind, as we are all aware by way of possessing one, is a very subtle and highly capable, imaginative faculty. Control over it, is not as simplistic as over our body. Further, our surroundings, inclusive of other human beings, cannot sense it. Inherently, it has an ability to harness thoughts, especially without the classification of right or wrong. Morality and the notion of sinning are only acquired ideas from the society we are born into. They are important in a happy living of a people.

The effect of action on our surroundings encompasses and affects fellow humans. If you play loud music in your room and the neighbouring house is close by, you will disturb your neighbour’s experience of his environment. If you murder someone, your action will have caused someone utter grief, not to mention the pain to your victim. If you steal, your action will have caused loss to someone who worked to earn what you stole.

The birth of Law as a component of a society cannot be traced perfectly to any moment in history. Even some species of ants seem to have ‘police’, ‘workers’ and ‘leaders’ in their colonies.

Law is a system of rules and guidelines, usually enforced through a set of institutions. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets.  Property law defines rights and obligations related to the transfer and title of personal (often referred to as chattel) and real property. Trust law applies to assets held for investment and financial security, while tort law allows claims for compensation if a person's rights or property are harmed. If the harm is criminalised in a statute, criminal law offers means by which the state can prosecute the perpetrator. Constitutional law provides a framework for the creation of law, the protection of human rights and the election of political representatives. Administrative law is used to review the decisions of government agencies, while international law governs affairs between Sovereign States in activities ranging from trade to environmental regulation or military action. Writing in 350 BC, the Greek philosopher Aristotle declared, "The rule of law is better than the rule of any individual."

Legal systems elaborate rights and responsibilities in a variety of ways. A general distinction can be made between civil law jurisdictions, which codify their laws, and common law systems, where judge-made law is not consolidated. In some countries, religion informs the law.

Law provides a rich source of scholarly inquiry, into legal history, philosophy, economic analysis or sociology. Law also raises important and complex issues concerning equality, fairness and justice. "In its majestic equality", said the author Anatole France in 1894, "the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread." In a typical democracy, the central institutions for interpreting and creating law are the three main branches of government, namely an impartial judiciary, a democratic legislature, and an executive who is accountable. To implement and enforce the law and provide services to the public, a government's bureaucracy, the military and police are vital. While all these organs of the state are creatures created and bound by law, an independent legal profession and a vibrant civil society inform and support their progress.

“But what, after all, is a law? [...] When I say that the object of laws is always general, I mean that law considers subjects en masse and actions in the abstract, and never a particular person or action. [...] On this view, we at once see that it can no longer be asked whose business it is to make laws, since they are acts of the general will; nor whether the prince is above the law, since he is a member of the State; nor whether the law can be unjust, since no one is unjust to himself; nor how we can be both free and subject to the laws, since they are but registers of our wills.” - Jean-Jacques Rousseau, The Social Contract II, 6.

The philosophy of law is commonly known as jurisprudence. Normative jurisprudence is essentially political philosophy, and asks "what should law be?", while analytic jurisprudence asks "what is law?” John Austin's utilitarian answer was that law is "commands, backed by threat of sanctions, from a sovereign, to whom people have a habit of obedience". Natural lawyers on the other side, such as Jean-Jacques Rousseau, argue that law reflects essentially moral and unchangeable laws of nature. The concept of "natural law" emerged in ancient Greek philosophy concurrently and in entanglement with the notion of justice, and re-entered the mainstream of Western culture through the writings of Thomas Aquinas.

Hugo Grotius, the founder of a purely rationalistic system of natural law, argued that law arises from both a social impulse—as Aristotle had indicated—and reason. Immanuel Kant believed a moral imperative requires laws "be chosen as though they should hold as universal laws of nature". Jeremy Bentham and his student Austin, following David Hume, believed that this conflated the "is" and what "ought to be" problem. Bentham and Austin argued for law's positivism; that real law is entirely separate from "morality". Kant was also criticised by Friedrich Nietzsche, who rejected the principle of equality, and believed that law emanates from the will to power, and cannot be labelled as "moral" or "immoral".

The skills required to be a lawyer include a high level of intelligence, a political attitude, negotiating skills, a large capacity to read, memorize and understand and most importantly, an unwavering moral principle of justice with a belief in the society’s laws.

The quality of life of the citizens lies in the hands of the men who set the rules of the society.

 

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+1 # kavya 2011-05-03 21:58
where is the best law colleges......
and i want to become a high court judge........ plz guide me better way to get good standard in law......
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0 # kavya 2011-05-03 21:58
how many years law course is there and wt are the subjects we read..
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