Definition, Classification and Sources of Law

Definition of Law:
There are many questions and arguments from century to century to

define, “what is Law?”. But we still cannot define a proper definition
of Law. Law is now been defining in many ways from different
perspective and different views.
In generally, “Rules established by a governing authority to institute

and maintain orderly co-existence.”
Broadly, “Law is a set of rules, which are made by authorized

authority, to maintain law and order situation and to control
disobedience or violence.”
The statutory definition of Law is, “Law means any act, ordinance,
order, rules, regulation, by-law, notification or other legal instrument
and any custom or usage, having the force of law in any institution”
A rule or principle of proper conduct sanctioned by conscience,

concepts of natural justice, or the will of a deity: a moral law.
According to Salmond, “Law may be defined as the body of principles
recognized and applied by the state in the administration of justice.”
Law, in politics and jurisprudence, is a set of rules or norms of

conduct which mandate, prescribe or permit specified relationships
among people and organizations; as well as punishments for those
who do not follow the established rules of conduct.
The term "Law," in its broadest sense, means any rule of action or
norm of conduct applicable to all kinds of action and to all objects of
creation...in this sense therefore, it includes all laws, whether they
refer to state law, physical law, divine law, and others. In a strict legal
sense, law is defined as a rule of conduct, just and obligatory, laid
down by legitimate authority for the common observance and benefit.
A particular society or community adopts a specific set of laws to

regulate the behavior of its own members, to order life in its political
territory, to grant or acknowledge the rights and privileges of its
citizens and other people who may come under the jurisdiction of its
courts, and to resolve disputes.
So, it is clear that Law is made for maintain Law and Order situation
in a nation. And to control crime and misbehaves.
Areas of LAW:
Areas of Law are very wide. There are many types of laws and these
types vary from country to country. In fact, law differs in different
circumstances and in different perspective. We can see for same
thing in one place law is some type but in another place for same
thing law may be totally changed. That’s the reason why law is
considered as most peculiar and obscure subject in the world.
Now, I will describe about some division and subdivision of law briefly.
Divisions are:
Administrative Law: Administrative law refers to the body of law
which regulates managerial procedures and is administered by the
executive branch of a government; rather than the judicial or
legislative branches. This body of law regulates international trade,
manufacturing, pollution, taxation, and the like. This is sometimes
seen as a subcategory of civil law and sometimes called public law as
it deals with regulation and public institutions.
Civil Law: The civil law is based on Roman law. Civil law system is
used mostly where French colony and Spanish colony was
established in past. Like half of Africa, North America, Europe and
some part of Asia. Civil law system has some speciality.
►This system is mainly parliament based.
►Sub-ordinate Courts/Lower Courts are not bound to follow the
judgment of Higher Court.
►Civil law system is most old surviving law system in the world.
Common Law: Common Law system is followed by the most of the

countries in the world. This law system is mainly used where had
English Colony. From 15th century to 20th century England has ruled
maximum regime of the world. So, where they have ruled they have
left there law system at there and this system is known as common
law system. Common law is also known as Case law. The primary
source of Case law relating to federal and constitutional questions is
the Supreme Court’s declare is the last decision. Government and
parliament is bound to follow the declare or verdict of Supreme Court.
Common law system has some speciality.
►This is system is both parliament and Court based.
►Sub-ordinate Courts are bound to follow the judgement of
Higher Court.
►Common law system is mostly used system in the world
Criminal Law: Criminal law (penal law) is the body of laws which
regulate governmental sanctions (such as imprisonment and/or fines)
as retaliation for crimes against the social order. Criminal law is to
control crime in the society and to punish criminals for his crime.
Natural Law: The term “natural law” is ambiguous. It refers to a type

of moral theory, as well as to a type of legal theory, but the core
claims of the two kinds of theory are logically independent. It does not
refer to the laws of nature, the laws that science aims to describe.
According to natural law legal theory, the authority of legal standards
necessarily derives, at least in part, from considerations having to do
with the moral merit of those standards. There are a number of
different kinds of natural law legal theories, differing from each other
with respect to the role those morality plays in determining the
authority of legal norms.
There are two kinds of Natural Law.
►The Conceptual Jurisprudence by John Austin.

►The Classical Natural Law Theory as the theory of Thomas
Aquinas.
Substantive Law: The part of the law that creates, defines, and
regulates rights, including, for example, the law of contracts, Torts,
wills, and real property; the essential substance of rights under law.
Substantive law refers to all categories of public and private law,
including the law of contracts, real property, torts, and Criminal law.
Substantive law defines how the facts in the case will be handled, as
well as how the crime is to be charged. In essence, it deals with the
"substance" of the matter.
Procedural Law: Procedural Law is a law that prescribes the

procedures and methods for enforcing rights and duties and for
obtaining redress. Procedural law is a legal system that regulates
relations that develop during the investigation of crimes and the
hearing and resolution of criminal and civil cases. Procedural law is
inseparably linked with substantive law because the former
establishes the procedures that are necessary to exercise and defend
the latter.
Constitutional Law: Constitutional law is a law which is a guideline

how to operate a country. It is considered as a father of law in a
country. In Bangladesh Constitution is the main law which maintain
rule of law in the society. Supreme Court is the guardian of
Constitution. It checks and balances the power of the government.
Constitutional law is a set of rules that define the distribution of
governmental power and the study of those rules.
Customary Law: Custom is a common practice among people,
especially depending on country, culture, time and religion.
The difference between custom and culture is subtle, yet customs

generally emphasizes practices while cultures rather focus on ideas.
Traditional common rule or practice that has become an intrinsic part

of the accepted and expected conduct in a community, profession, or
trade and is treated as a legal requirement.
In general words, customary law is a law which has been made

through the use of many years. Customary law differs from country to
country and it depends on culture, belief and religion of the people.
Statutory Law: Statutory law is a law which is enacted by parliament.

It comes with a proper way and according to guideline which is
provided by any other law. Statutory law also includes local
ordinances, which is a statute passed by a county government to
guard areas not covered by federal or state laws. Statutory law also
covers areas which are governed exclusively by statutory law and
where case law has no impact. Statutory law differs from common law
which is that law which is announced in court decisions or case laws.
Subdivisions are:
There are many subdivisions of law. Such as:
□Company Act
□Code of Civil Procedure
□Code of Criminal Procedure
□Admiralty Act
□Contract Act
□International laws
□Environmental and Natural Resources Law
Law in Religious view:
Every religion have the same rule but from different perspective.
Every religion has the same purpose, which is “Establish peace in
Society.” So, though religion and there activity is different but there
main theme is same. Now, I will describe about law from religious
perspective. First of all I want to say about Islamic Law.
Islamic Law: The Arabic word for Islamic Law, "fiqh", originally
meant "understanding and knowledge." After the coming of Islam, the
word "fiqh" took on a more specific meaning, that of religious
knowledge, on account of it being the most important and noble form
of knowledge. The earliest Islamic scholars used the word "fiqh" in
this sense. Islamic knowledge, at that time, generally meant
knowledge of the Qur’ân and Sunnah. Allah’s Messenger (peace be
upon him), in one hadîth, said:
May Allah assist a man who hears a hadîth and memorizes it until he
relates it to others, because often he is carrying fiqh to a person who
has greater understanding than he does, and often the one carrying
fiqh is not a faqîh (i.e. capable of understanding it).
Quran Itself is law. It directs what to do and what not to do. And it’s
also say about the punishment if anything done which is prohibited by
itself. And Quran also says about the prize to motivate Muslims to live
according this law. We, all know Quran says about “Jahannam” for
punishment and “Jannat” for prize who lived his life according to
Quran.
Islamic law is considered as customary law in our country. It is

sometime followed by our court. Most of the time this law is followed
in marriage and asset distribution in our country.
Hindu Law: It is one of the most ancient laws of the world. Hindu
law mainly based on the story of “Mahabharata” and “Bhagabat
Geeta”. This religion also says about peace. Hindu law is mainly used
in India and Nepal. Hindu law is not so popular yet.
Christian Law: Bible is the holy book for the Christians. And bible is
considered as itself as a law book. Christian’s law is also known as
Canon law. Canon law is a law which is made by church. In past, 1 st
century until 18th century Pop was considered to be most powerful
man in the world. What he said that is considered as law. And all ruler
and kings had to obey his order. Pop even had power to give
punishment such as death sentence. Christian law is also ancient
law. But now a day’s Christian law is not widely used like Muslim law
as democracy has established. Canon law mostly used in civil law
system not in common law system.
Canon is a Latin word meaning “rule.” A canon is an established rule,

or body of rules, for guidance. Canon law is the body of laws
governing the Catholic Church. Canon law, the oldest continuously
functioning legal system in the western world, is the legal system of
the Catholic Church. It affects virtually every aspect of the faith life of
nearly one billion Catholic Christians throughout the world.
Sources of Law:
There are many sources where laws come from. People make laws
on particular subject when they feel it’s needed. Generally the idea of
law has come from rules. Rules are the primary step of law. There are
sources of law. I will mention some of them sources which are
mentionable:
□Parliament
□Ordinance by president
□ Custom
□Case law
Assignment
On
“Definition, description and types of Law.”
Submitted By:
Name : Md. Shafi Alam Sojib
Student ID : 10309008
Department : SoL (School of Law)
Course : Jurisprudence
Course Code : 101
Submitted To: Dr. Shahdeen Malik
Professor and Director
School of Law
Brac University
Brac University

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Definition of Law:

There are many questions and arguments from century to century to

In generally, “Rules established by a governing authority to institute

Broadly, “Law is a set of rules, which are made by authorized

A rule or principle of proper conduct sanctioned by conscience,

Law, in politics and jurisprudence, is a set of rules or norms of

A particular society or community adopts a specific set of laws to

Common Law: Common Law system is followed by the most of the

Natural Law: The term “natural law” is ambiguous. It refers to a type

►The Conceptual Jurisprudence by John Austin.

Procedural Law: Procedural Law is a law that prescribes the

Constitutional Law: Constitutional law is a law which is a guideline

The difference between custom and culture is subtle, yet customs

Traditional common rule or practice that has become an intrinsic part

In general words, customary law is a law which has been made

Statutory Law: Statutory law is a law which is enacted by parliament.

There are many subdivisions of law. Such as:

□Code of Civil Procedure

□Code of Criminal Procedure

□Environmental and Natural Resources Law

Law in Religious view:

Islamic law is considered as customary law in our country. It is

Canon is a Latin word meaning “rule.” A canon is an established rule,

Name : Md. Shafi Alam Sojib

Department : SoL (School of Law)

Course Code : 101

Submitted To: Dr. Shahdeen Malik

Professor and Director

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