Sanction is not always needed to get members to comply with the law. Domestic law implements rules in society that have a clear and direct consequence if the rules are not followed. As citizens of the country, you have a legal obligation to comply. In contrast, international law implements rules created as a collection unit that satisfies all parties and serves the interest of all its members. International law has no central authority and operation as an anarchic highly decentralized legal order.
ABSTRACT Laws can be considered to be one of the most fantastic creation of nature and there exists a wonderful relation between universal truths and law but laws change whereas universal truths remain constant. Rule of law basically governs all individuals of a nation and it also influences a particular society. Rule of law is considered to be supreme in nature and every citizens of any state is subjected to the general principles of law. It is also to be mentioned that rule of law is naturally a vague concept and it varies from one individual to another individual. There are various approaches to the definition of rule of law, one is the formalist approach which usually specifies the attributes that a legal framework is needed to have in
What is common law? Common law is generally uncodified which is, there are no inclusive collation of legal rules and statutes. Common law is dependent on some scattered statutes. This is the decision of the legislation and is largely based on precedent. Precedent is the judicial decisions that have already been made in similar cases.
The principle is intended to be a protection against arbitrary governance, whether by a dictator or by oligarchy. Thus, the rule of law is hostile both to monarchy and to anarchy. However, this principle will only exist with the presence of a transparent system, the main components of which are strong enforcement structures, a clear set of laws that are freely and easily accessible to all, , and an independent judiciary to safeguard citizens against the arbitrary use of power by the state, individuals or any other organization in a society. A widely shared cultural belief that the law should rule is the essential
 Common law works in a different way, the judges rather than the Parliament make common law or ‘judge-made law’. Considering criminal and civil cases, the judges take decisions based on the stare decisis principle (Latin “to stand by things decided”, the legal principle of determining points in litigation according to precedent ), deliver rulings and create precedents, thus applying the law to real life situations. Therefore, the value of the precedent is very high in the English Common Law system. The strengths of common law The law is meant to provide justice to people. So the main advantages of the common law system is that it is consistent, adaptive, equal and independent.
Laws being in place to support good ethic for the peace of all people in the society. The laws inspired by ethics is enforced by the government. Therefor the law contributes to the society by helping it to be harmonious and peaceful. Let’s look at a well-known case that will show how the law contributes to a harmonious and peaceful
Thus, international law is a natural product of historical development, there is an objective and realistic, and, once having arisen at a certain stage of human society, and it will be further developed according to the laws of dialectics. Historical evolution of Public Law: This period is associated with the development of international relations of feudal states in the course of their education, to overcome the fragmentation of major feudal estate monarchy and the beginning of the formation of absolutist states. A feature of the regulation of international relations was the continuity of the feudal states of many international legal rules of the slave period. However, these rules were enriched and further developed. One of the features of the feudal international law in Western Europe was the influence on him of the Catholic Church.
Even with all the criticisms levelled at it, The Common Law remains an instructive and pioneering book that has by no means lost its essential power. A work of such insight transcends temporal bounds and is — or at least should be — rediscovered anew by successive generations. The work is not static. It bends, and is bent by, each new audience that encounters it. As Holmes wrote in a letter to Harold Laski in 1919, he — Holmes — “started all the inquiries that since have gone over many matters therein.
DEFINITION OF LAW: Law is outlined as the principles and regulations set by the governing authority, and have binding legal forces. It must be endorsed and obeyed by the citizens, subject to penalties or legal consequences. It depicts the will of the supreme power of the state. The basic purpose of law is to regulate the society, to safeguard and shield the rights of people and to resolve conflicts. It acts as barrier is preventing people from behaving in a negative manner that affects the rights and quality of life other people, hence violation of law implies the punishment of lawbreakers Dysfunction of Law: Dysfunction of law means failed to abide by the law.
THEORIES OF LAW Law is a system of rules that are enforced through social institutions to govern behaviour. Laws can be made by legislatures through legislation, the executive through decrees and regulations, or judges through binding precedent. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution (written or unwritten) and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.