Evolution of the Law

The word "law" is used in a variety of contexts. It indicates several categories of laws and principles. According to Blackstone, "law" means a rule of activity and is applied indiscriminately to all forms of behaviour, whether alive, rational, or illogical. Thus, we state that "the law of motion, gravitation, optics, or mechanics, as well as the law of nature and nations," which aids in comprehending the numerous ways that the term "law" is employed in different academic disciplines.

Sources of law which led to evolution

Following are the major sources of law that caused its evolution −

Custom

One of the earliest sources of law is custom. Social interactions in antiquity gave rise to a number of usages, traditions, and customs. These were employed to resolve conflicts and make rulings among the populace. Customs were routinely followed, and society disapproved of and punished those who broke them. Social institutions first operated in accordance with a number of established traditions.

The state gradually evolved into the people's organised political entity in charge of maintaining order, law, and peace; naturally, it also began acting by establishing and enforcing norms based on traditions and customs.In fact, the majority of laws were created when the state started formalising and enforcing the practises.

Religion and Morality

Every community adopted religion and religious laws as a natural result of humans starting to observe, appreciate, and dread natural forces. These were revered and regarded as superior heavenly entities (Gods and Goddesses).

Then, religion began to control how people behaved and started using terms like "Godly sanction," "fear of hell," and "potential fruits of paradise" to justify upholding the religious laws. It forced them to adopt and follow religious laws. Many different religions have expressed an interest in developing and prescribing clear norms of behaviour. In society, moral principles have also emerged. These established the boundaries between what was good and terrible, right and wrong.

Legislation

Legislation has become the primary source of law since legislatures first appeared in the 13th century. In the past, the state relied on traditions and the king's instructions or decrees to control the behaviour of the populace. The legislature eventually became a part of the government. It started by turning the prevailing social norms into codified laws governing how people should behave.

 

The most effective, prolific, and direct source of law in modern times is legislation. It is now acknowledged as the primary method for translating the state's intentions into legally binding regulations.

Delegated Legislation

The legislature of a state finds it necessary to cede some of its law−making authority to the executive for a number of pressing reasons, including a lack of resources, a lack of knowledge, and an increase in the demand for laws. Under this structure, the executive then creates laws and regulations. Delegated legislation is the name given to it. Delegated legislation is now a significant source of law. Delegated legislation, however, is always subject to the Legislature's stronger legislative authority.

 

Judicial Decisions

 In the modern era, judicial decisions have developed into a significant source of law. The courts have the authority to interpret laws and apply them in particular situations. In cases that are brought before them, the courts resolve disagreements between parties. The parties to the lawsuit must abide by the court's rulings, or its judicial decisions. These are also regarded as legal precedents for future cases. However, not all court rulings become legislation.

Only legal rulings rendered by the supreme court or courts recognised as courts of record, such as the Supreme Court and High Courts of India, are acknowledged and applied as legitimate laws. These judicial rulings can serve as the foundation for lower courts to resolve their disputes.

Equity

Equity entails justice and fairness. It is a source of law as well. Judges interpret and apply the law to each case in order to reach decisions. However, laws may not be entirely applicable in every situation, and they may be silent in other cases. In every one of these situations, the judges rely on equity and act in line with their sense of fairness and fair play. Equity is employed to give relief to the wronged parties, and these judgments serve as guidelines for the future. As a result, equity serves as a source of law.

 

Scientific Commentaries

 Eminent jurists always incorporate scholarly commentary on the US Constitution and the laws of each state into their publications. Courts utilise these to interpret the meaning of the law. It aids the courts in applying and interpreting the law.

The legal experts not only examine and clarify the current legislation but also make suggestions for potential future standards of conduct. They also point out the shortcomings of the current legislation and how to fix them. They provide interpretations that assist judges in applying laws to particular instances.

As a result, they also serve as a source of law. The law thus has a variety of origins. However, in modern times, the legislature's creation of laws is the main source of law.

Classification of Law

Sir John Salmond proposed eight types of law in contemporary era −

Conclusion

International law, in the words of Hughes, is the collection of principles and regulations that civilised nations view as obligatory in their interactions with one another. "It can be used as the word for the set of customary and usual standards that civilised states believe to be legally enforceable in their interactions with one another." Salmond claims that these rules, which the independent states have committed to upholding in their interactions with one another, are among them.

Customary laws are those standards of behaviour that the majority of those who are subject to them consistently abide by, under the impression that they have legal force. According to Salmond, "any regulation of action which is truly observed by men (any rule which is the manifestation of some actual uniformity of voluntary conduct")" falls under the definition of customary law. Once a custom has become firmly established, it is subject to state enforcement. Custom is not law in and of itself but is a significant source of law; only those customs that are accepted by the courts have legal standing.

 

Frequently Asked Questions

Which step of evolution's law is the first?

Ans. According to this, society as a whole and each individual science advance through the following three stages in our minds− the theological stage, the metaphysical stage, and the positive stage.

What is the law's history?

Ans. India has a long history of using philosophical and religious teachings to inform the law. It was a rich field that had been supplemented by practitioners from various Hindu philosophical schools and later by Jains and Buddhists. It sprang from the Vedas, the Upanishads, and other holy scriptures.

What is the most recent evolution theory? 

Natural selection, or evolution, is the result of this process, proposed by Charles Darwin and Alfred Russel Wallace, one of his scientific contemporaries. According to the principle of natural selection, organisms breed younger than they can withstand in their surroundings.

Who is credited with establishing common law?

It is believed that the Common Law is institutionalized by Henry II in the mid of 1150s. He had created a unified system of law nationwide by terminating the local legal system.