The rule of human action is known as law.

Lecture on Concept of laws

Introduction:

The term Law mainly used in two senses. In abstract sense law means the system of law such as law of Bangladesh and in concrete sense it means a statute, enactment or ordinance. The rule of human action is known as law.

Definition of law:

Law is a social science, grows and developed with the growth and development of the society. In order to keep peace with security the definition and scope of law must be continue to change. As a result it is not possible to give an exact definition of law. Jurists have defined law from different angles:

1.  John Austin: Law is the command of sovereign authority, to his subject brings them to a course of law.

2.  Salmond: Law is the body of principles recognized and applied by the state in administration of justice.

3.  Article 152 of our Constitution: Law means any Act, Ordinance, Order, Regulation, bye law, notification or other legal instrument and any custom or usage having the force of law in Bangladesh.

So law is a set of rules which has force to ensure rights and this force will be applied by the state though its organ.

• Distinction between Substantive law and Procedural law:

Law has to pay an important rule in the administrative of justice. It has a dual role to pay in the attainment of justice.

Firstly: It determines those rights which can be remedied by the legal procedural in case of breach.

Secondly: It lays down the procedure for the enforcement of legal rights.

 From this point of view, law may be either substantive law or procedural:

Substantive law: When a particular law defines rights and obligation or crimes or any statute it is called substantive law e.g. Law of Contract, Law of Property etc.

Procedural law: When a particular law determines the remedies or outlines the procedure of litigation, it is called procedural law e.g. Civil Procedure Code, Criminal Procedural Code etc.

Besides there are certain laws that cover both the categories of law e.g. Substantive or procedural law. Example is the Evidence Act 1872.

 
Comparison Chart:

The distinction between the substantive and procedural law is not an always easy and clear-cut. The distinctions are as follows:

1.  As to Definition: Substantive law deals with those areas of law which define rights and obligations of individuals where as procedural law determines the remedies or outlines the procedure by which substantive law can be enforced.

2.  Structure: Substantive law deals with structure and fact of the case where as procedural law define the step by step process that the cases go though.

3.  Application: Substantive law cannot be applied in non legal contexts where as procedural law can be applied in non legal contexts.

4.  Regulation: Substantive law regulated by the Act of Parliament where as procedural law regulated by the statutory law.

5. Regulated Affairs: Substantive law determines the conduct and relations of the parties in respect of the matter litigated where as procedural law regulates the conduct and relations of courts and litigants in respect of litigation.

6.   Lawcare: Substantive law is presumed to be prospective upon the footing of the rules evolves by court where as procedural law is presumed to be retrospective on the theory that no body has a vested right in procedure.

•  Distinction between Civil Law and Criminal Law:

Civil and criminal law are two broad and separate law. The differences between civil and criminal law turns on the difference between two different objects e.g. redress and punishment.

Civil law: The term civil law is derived from the Latin term Jus Civile. The law enforced by the state is called civil law or law of the land. The forced of the state is section behind this law. Civil law is essentially territorial in nature and applied within the territory of the state concerned.

Criminal law: Criminal law or law of crime is that branch of law which deals with crime. It is necessary for the maintenance of laws and order of the state. Example law includes cases assault better and case on murder.

Comparison Chart:

The differences between civil and criminal law can be most visibly seen.

1.  As to definition: Civil law deals with the dispute between the private individual in which compensation is awarded to the victim where as criminal law deals with the offence which is crime against society as whole.

2.   Nature: Civil wrong are private wrong where as crime are public wrong.

3.  Object: The object of civil law is to redress wrong and to protect individual citizen of the country where as the main object of criminal law is to protect the community and to punish the offender.

4.  Violation: The person whose right is violated can only bring civil suit where as any person even not directly affected can bring criminal case.

5.  As regard termed: In Civil matters parties are termed as plaintiff and defendant where as in criminal case parties are addressed as prosecution and accused.

6.  The word suit is used in civil proceeding that is civil suit where as the word case is used in criminal proceeding that is criminal case.

7.  Time limitation: Time limitation is followed in civil suit or proceeding where as there is not time limitation in criminal case or proceeding.

8.  In civil suit private individuals are the parties where as in criminal case state must be a party and prosecuted by a public prosecutor.

9.  Consent of the victims: In civil suit the consent of the victims is essential where as the consent of victims is immaterial in order to bring criminal charge against the accused.

10.  Regulation: The civil law attempt to regulate the relation and behavior of individual where as criminal law regulate the conduct of all the members of the community.

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