Thursday, August 26, 2010

my first blaw blaw.............

"Law is notoriously diffcult to define. The level of such difficulty reaches its peak, when we commence our discussions on it". I commenced this blog with the above said words. The ratification given for the  said words were very strong by the act of Junior Judges in the Andhra pradesh indulging in mass copying in a law examination.It is conclusive, that law is difficult for lawman(legal experts)itself. Imagine the plight of layman?
 note: This blog is not for embarrassment to law but for enlightment of law.
"what is law" ? Solution to this query can  be made only by the process of Deductive analysis i.e.Generalisation. Law is an "uniform code of conduct". However here is the concise definition by law wizard Lord Salmond- "Law is the body of principles recognized and applied by the state in the administration of justice." 
"whenever there is no voluntary ethics and values, there shall be an enforcement of mandatory ethics and values".Such mandatory enforcement is termed as "Law".
The above said approach is called as "positive Law".
What is positive law? An ultimate question in the minds of the followers. Here it is: Positve law says "what law is"  positive law is also called as legal positivism. An approach to law that rejects Natural law. Positive approach to law is only for the purpose of study and analysis. Some of them are Business laws, Tax laws, company law etc.
On the other-hand , Natural Law says "what law ought to be". Law as it ought morally to be. It is a value judgement. It provides suggestions . It determines norms and aims. Some of the natural laws are: vedas, Gita, Quran , Bible. A perfect judgements given to man by nature is Natural law.
I can go to an extent to call- NATURAL LAW as the underlying basis of all law.
 I can make distinctions between ought and is ."ought" that morally desirable. "is" which actually exists.
If positive law says 1 + 1 = 3, we need to accept and adopt it rather than arguing on it.
 We shall proceed with further more discussions on what is law in our next post.

FLAWLLIPOP: This part shall contain world's funniest and silliest statutes.
 State: Kentucky. State capital: Frankfurt. USA.
 "It is against law to remarry the same man four times".
( note: These laws are funny for us now ,at the time they must have been passed for a reason.) 

1 comment:

  1. Good one!

    Remarrying a man for four times - Very funny. Adhu dhaan "Pazhakka Dhosham ah?"