1 need for law

8/6/2019 1 Need for Law

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Introduction To Law

MeaningNeed for Law


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In Mans association with people in different

capacities, he is expected to observe a code

of conduct or a set of rules.

The objective of these rules is to make

human association possible & conducive for

the welfare of the state & its people


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LAW IS A GENERAL TERM:

Citizen : rules to obey Lawyer: vocation

Legislator: rules which he has created

Judge: guiding principles to apply to decision.


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Since it is not possible to give asingle accurate definition, theterm law is preceded by an

adjective e.g. Civil Law, CriminalLaw, Mercantile Law

Law includes all the rules and

principles which regulate ourrelation with other individuals andwith the State.


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State regulates the conduct of itspeople by a set of rules. Such rules

of conduct, if recognised by the

State and enforced by it on people

is termed as Law.


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IS LAW STATIC?

Law is not static. As

circumstances & conditions in a

society change, laws are changed

to fit the requirements of thesociety. As such, law prevailing in

a society at any point of time

must be in conformity with the

general sentiments, customs &

aspirations of its people.


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OBJECT OF LAW

Object of law is order; result oforder is that men are enabled tolook ahead with some sort of

security as to the future. In the Indian Context it is to

establish Socio - Economic Justice

and remove existing imbalance inthe socio- economic structure.


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NEED FOR THE KNOWLEDGE OF LAW

IGNORENTIA JURIS NONEXCUSAT

(IGNORANCE OF LAW IS NOT AN

EXCUSE)


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NEED FOR THE KNOWLEDGE OF LAW

A businessman should be aware of

legal principles so as to help him in

avoiding conflict with the personswith whom he comes into business

contact.


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SOURCES OF LAW

(With respect to Mercantile Law)

THE ENGLISH MERCANTILE LAW

Customs, usage and tradition

Decisions of Judges in similar situations

Act of parliament

Laws prevailing among traders

Roman law..


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SOURCES OF LAW

(With respect to Mercantile Law)

LAW ENACTEDBY

PARLIAMENTO

R STATELEGISLATURE

PRECEDENTS SET BY PREVIOUS JUDICIAL

DECISIONS CUSTOMS AND USAGE


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INDIAN SCENARIO

FLAWS & LAWS

THE INDIAN LEGAL SYSTEMS

COULD CONSIDER MIGRATINGFROM JURASSIC PARK

WHY DO WHEELS OF JUSTICE

GRIND SLOWLY?


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V for Victim

In law, the accused has a million ways to

escape. But the victim is consigned to the

gallows.


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V for Victim

There is a place in our courts for the judge, the

accused, the lawyers and witnesses. But there

is no seat for the victim though his/her plight

remains central to the case.


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The Dice is Loaded

Here's how the legal system favours the

accused and not the victim:

No involvement of victim and his family incourt proceedings, except when summoned as

witnesses

Accused can hire lawyer (s) of his choice. The

victim has to go along with the publicprosecutor engaged by the state.


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The Dice is Loaded

No accountability of public prosecutor. He/shegets time-bound promotions not linked toperformance.

The victim or his family cannot file an appealagainst an unfair verdict. That is the statesprerogative. The victims side can only file arevision petition on grounds of procedural

oversight. Rights of the accused, including right to silence, is

detailed in law. It is, however, silent about thevictims rights.


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The Dice is Loaded

The accused has the right to know theevidence framed by the prosecution. Thevictim has no access to information from the

defence side.

Delay in judgment gives the accused greateropportunity to win over witnesses

If the accused is influential, he can tamper withevidence, compromise investigators, evenjudges


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Comment

I sometimes feel the criminal justice system does

not exist to give justice anymore but has been

reduced to give employment to advocates, sub-

standard public prosecutors and judges. If a judge

sees that the defence lawyer is harassing a

witness, he must step in to rein him in and

protect the witness. He must also come forward

to help an inexperienced prosecutor to cross-

examine properly. Most judges just sit back and

treat their work like just another job.


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Comment

If the prime minister is answerable, whynot the judges? If electing them wouldmake them answerable, then let them be

elected! While judges of the lower courts are

monitored by the high court, there is hardlyany accountability for judges of the high

courts and the Supreme Court. They canonly be impeached by Parliament. Thejudges think that there is nothing betweenthem and God.


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Comment

The judge sits on the podium and presides,

with an earmarked place for the accused,

the lawyers, the witness and the public.There should definitely be a prominent

place for the victim inside the courtroom.

We appear to have forgotten that the legal

system exists only to give him justice.


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Thank you for

listening!

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