LawPaws007

Can all Customs become Law? by Harmanjot Kaur What is Custom In various parts of the world, we see various customs of varying degrees. These help in the regulation of human behaviour. These are adopted consciously or unconsciously. However, we see reciprocal rights and obligations related to them. Law based on customs is known as customary law. We see Hindu law, and Muslim Law based on the customs and traditions of the respective community. Similarly, we have Parsi law and Christian Act regarding their personal rights and rituals. However, we see not all customs become law. In this blog, we will see what are the conditions, which a custom should fulfil to make it valid in the eyes of law. Position of custom in various ancient Legal Systems Unlike any other source of law, the custom is also given the status as the source of law. In case it fulfils certain conditions. In most of the ancient legal societies, we see that there were Smritis, Yajnavalkya and other important sources such a

 Administration of Justice Introduction The  administration of justice is one of the most important pillars of the Government. Law exists there to bind the people together and the community. There are times when people started behaving in an anti social element. Thereafter, the sovereign has to administrator constables to punish the wrong doer behind the bars.   Development of the concept According to Salmond, "Men being what they are keen to see his own interest and passionate to follow it - society can exist only under the shelter of the State and the law and justice of the State is a permanent and necessary condition of peace, order and civilisation.   At the time of inception, the concept of tooth for tooth and an eye for eye was propounded. Then slowly the concept of compensation started to commence.  However, Keeton and Maitland, termed the monetary compensation as botless  term. The compensation is no remedy. There are certain situations where the punishments such as death

 Relation between Law and Morals Law vs Ethics Law is the set of principles which a particular community recognises as regulating the actions of its members and which it may enforce by the imposition of the penalties.          Morals are the set guidelines which define what is morally right or wrong. Law is enforced b y the ruling body or the community, state or bodies of a country.          There is no specific authority t o enforce the moral code of conduct. Laws are c reated by the country or the state. Moral has no direct relationship to the constitution.  Law creates the constitution of a country. Morals do not have  a direct relation to the making of the constitution. Law is influenced by morality. Moral emerges as the ideal set of rules. There are direct punishments for those who violate the law. However, there is no direct punishment for those who violate morals. There is a direct and strict punishment for those who do not follow laws. However, it is up to the person hims

  Theories of Punishment Introduction One of the chief purposes of the law is to restrict the people to do wrong. This includes punishing the wrongdoer so as to create fear , however, creating to fear is not the only intention. Here we will look at the purpose of punishments. Punishment in Ancient India In the Ancient Indian period, the punishments were not so strict. The people were extricated from the country. At the zenith, they were made to be thrown in jail. Punishment in Medieval India At the time of medieval India, the people were given stricter punishments. Their arms were cut. They were given the transportation of life. They were put in jail. They were sent on an exile.  Punishment under British Empire In the case of the British Empire, the people were given the punishment in a relatively formal manner. Each offence was equated to certain punishment. Various punishments were defined under Indian Penal Code, 1860. The procedure was explained in the Code of Criminal Procedure, 1

 Precedents Introduction Precedents is an important source of law. It is as important as customs in the law. Cicero enumerates res judicata  as the source of law. The notion of precedents have the same force as that of powers or any other statute. Meaning According to Gray: A precedent covers everything said or done which furnished a rule for the subsequent practice. According to Keeton, a judicial precedent is a judicial decision to which authority has, in some measure, been attached. According to Jenks, a judicial precedent in a decision by a competent court of justice upon a disputed point of law, which becomes a guiding force for all the inferior courts. In short, we can say precedent means the guidance or authority of past decisions for future cases. Reasons for the reception of Precedents The justification of the binding rule of precedents is because:   It is based on practical experience rather than logic only. It is based on convenience. It prevents the labour of judges as the