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Force of Law

The legal systems of both India and the US have both originated from the Common law. No wonder why the basic principles of law are very similar or almost the same. Law gets its existence from various sources like customs, common law, statutes, precedents etc. Austin’s famous definition of law as the command of the sovereign gives an idea about the binding nature of law. As we live in an organized structure of a system called ‘state’ we are bound to follow certain rules and regulations in order for the state to maintain peace and security. Even if it is not mandatory to follow the law of the land, people have a fear of law. Or it is rather self control or self restriction driven by moral principles. Because we live in a society, people generally follow a pattern of behavior that is acceptable by all including the state. There need not be any specific law for that. Law enables the State to handle any situation where individuals start behaving against the acceptable patterns.

Law has become very diverse keeping in pace with the various transactions that people enter in to. Law is keeping abreast of the latest developments in the areas of business, communications and technology. Even if the law has various sources, it has to accept the changes that have occurred in the society and mindset of the people. What good can the law serve if it does not cater to the interests of the people? After all the ultimate purpose of a legal system is administration of justice and justice is for the people. Out of the various sources of law like customs, statutes, precedents etc, there might be certain principles that will not hold good in today’s situation. Most legal systems of the civilized world are designed in such a way as to be amended as and when the society changes in that regard. Precedents as a source of law play a very important role. There are certain basic principles of law that never requires any change. For e.g., the natural law. This can remain the same for all generations. The interpretation given to this law in the 19th century need not be the same in the 21st century also. Judges who interpret the law play a vital role here. They can interpret the law in such a way that it meets the standards of the new century. Precedent is a strong source of law in this regard. Though when compared to the binding nature of statutes, precedents has got only a persuasive nature. The Legislature can always invalidate or overrule such unwritten laws by amending the existing statute or by bringing in a new statute. This gives a high hand to the legislature which is run by people’s representatives. Legislature is thus supreme though Constitution is said to be the one. Constitution is itself a product of the legislature.

Author:RubinJohn
Junior Associate
LegalEase Solutions Pvt Ltd
Kochi.