Basics of Law & Language

In this article, we will provide basics of law, by understanding its sources, meaning, important definitions and its implication in our daily lives.

Law is ever changing in nature. Various jurists have described the term “law” in their own unique manner. The reason for lack of unanimity on the subject is that the subject has been viewed and dealt with by different jurists at different times and from different point of view, that is to say, from the point of view of nature, source, function and purpose of law, to meet the needs of some given period of legal development.[1] Hence, it is not logical to stick to or create on a precise definition “law”. The same will also not hold good for all times to come.

Meaning & Definition

1. The Collin’s dictionary defines law as, “a system of rules that a society or government develops in order to deal with crime, business agreements, and social relationships. You can also use the lawto refer to the people who work in this system.”[2]
2. The Webster’s dictionary states that, law is a “binding custom or practice of a community; a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority”.[3]
3. Salmond, the prominent modern natural law thinker, defines law as “the body of principles recognised and applied by the State in the administration of justice”.
4. Under the positivistic school of thought, John Austin describe law as “Law is the aggregate of rules set by man as politically superior, or sovereign, to men as political subject”.
5. Kelson, another prominent jurist who gave us “pure theory of law”, states that law is a ‘normative science’. That we need to look at what law “ought to do”.

Significance

1. To maintain peace and order in the society.
2. To ensure that equal opportunity is provided to everyone,
3. To ensure that serious punishments are meted out, so there are no recurring crimes.
4. Law ensures that weaker community is supported adequately, and equal opportunity is provided.
5. Law not only ensures there is order in society but also ensures that the same is maintained within the legal machinery, without which would lead to anarchy.

“Laws don’t only respond to injustices and harm. They work to prevent them. Food safety laws are a prime example. In the past, the food industry was horrendously unregulated. In the 18th and 19th centuries, American food producers went to extreme measures in their quest for profit. They watered down milk and stirred in materials like chalk for color. They mixed dirt into coffee, tea, and spices and added lead to beer and wine. In 1906, President Roosevelt and Congress passed the Pure Food and Drug Act, as well as the Meat Inspection Act. This marked the beginning of modern food safety and monitoring. Today, food safety laws protect the public from potentially fatal food poisoning.”[4]

Sources of Law

Sources tell you where something “originated” from and when it comes to law, there are various sources. There are primary sources and secondary sources and the examples are mentioned below. Primary law consists of sources that state the actual law.  These sources include:[5]

1. Constitution (either federal or state) this would include United States Constitution, Washington State Constitution,
2. Statutes (laws enacted by legislatures); municipal codes (enacted by local councils)

• (USC) United States Code, Revise Code of Washinton, King County Code, Seattle Municipal Code.

3. Case laws (this would include opinions handed sown by courts like Supreme Court of United States and state Appellate courts and WA State Supreme Court.
4. Rules and Regulations (established by administrative government agencies)
   1. S. Environmental Protection Agency, WA State Department of Social and Health Services.
5. Treaties
   1. Geneva Convention, North American Free Trade Agreement, to name a few.,

Secondary Law consists of sources that explain, criticize, discuss, or help locate primary law.  Examples of secondary legal sources include:

1. Legal dictionaries
   1. Black’s Law Dictionary, Nolo’s Plain English Law Dictionary,
2. Legal encyclopedias and digests

• Gale Encyclopedia of American Law, American Jurisprudence, Washington Digest,

3. Law reviews and journals
   1. Virginia Law Review, Seattle University Law Review, Yale Law Journal
4. Legal treatises, nutshells, hornbooks, deskbooks
   1. Criminal Law in a Nutshell, Principles of Employment Law, American Constitutional Law, Washington Civil Procedure Deskbook.
5. Manuals and guides on how to practice law:
   1. Washington Practice, Washington Lawyers Practice Manual

Example Explained: “The U.S. Supreme Court decision of Brown v. Board of Education 347 U.S. 483 (1954) was a landmark case in which the Court declared that state laws allowing for separate public schools for whites and blacks were unconstitutional.  The actual case is primary law. The book Simple Justice: The History of Brown v. Board of Education and Black America’s Struggle for Equality discusses the case and its historical context and is a secondary legal source.  The Gale Encyclopedia of American Law has an article on the case analyzing it and is a secondary legal source.”[6]

[1] ICSI, JURISPRUDENCE, INTERPRETATION AND GENERAL LAWS, MODULE 1, PAPER 1,SAP Print Solutions Pvt. Ltd., page 2 & 3.

[2] Law definition and meaning | Collins English Dictionary (collinsdictionary.com)

[3] Law Definition & Meaning - Merriam-Webster

[4] google_vignette

[5] The below points have been retrieved from Primary and Secondary Sources - Introduction to Law - Highline College Library at Highline College

[6] Id 5.