Law

1.

That which is laid down, ordained, or established. A, rule or method according to which phenomena or actions co exist or follow each other.

2.

A system of principles and rules of human conduct, being the aggregate of thosu commandments and principles which are either prescribed or recognized by the poyerning power in an organized jural society as its willin relation to the conduct of the members of such society, and which it undertakes to maintain and sanction and to use as the criteria of the actions of such members, «Law” is a solemn expression of legislative wil Itorders aud permits and forbids. It announces rewards and punishments. Its provisions gener. ally relate not to solitary or singular vases, but to what pusses in theordinary course of affairs, Civil Code La. arts. 1, 2. “Law,” without an article, properly implies a science or system of principles or rules of human conduct, answering to the Latin “fus;” as when it is spoken of as a subject of study or practice, of a competent court, until reversed or superseded, is law, as much as any stat- Indeed, it may happen that astatute may be in violation of law, that is, of the fundaae or constitution of a state; anditis the ppative of courts in such cases to declare it or, in other words, to declare it not to be law. Aruleof civil conduct prescribed by the ipreme power ina state.

1 Steph. Comm.; Civil Code Dak. § 2; Vol. Code Cal. § 4466.

A “law,” in the proper sense of the term, 4s a general rule of human action, taking eognizance only of external acts, enforced by ‘adeterminate authority, which authority is human, and among human authorities is that which is paramount in a political socicty. Holl. Jur. 36, A “law,” properly so called, is a command which obliges a person or persons; and, as distinguished from a particular or occasional command, oblices generally to acts or forbearances of aclass. Aust. Jur. A rule or enactment promulgated by the legislative authority of a state; a long-established local custom which has the foree of such an enactment.

10 Pet. 18.

4, Inanother sense the word signifies an enactment; a distinct and complete act of positive law; a statute, as opposed to rules of civil conduct deduced from the custeums of the people or judicial precedents. When the term “law” is used to denote enactments of the legislative power, itis frequently con. fined, especially by English writers, to permanent rules of civil conduct, as distinguished from other acts, such as a divorce act, an appropriation bill, an estates act.

Rep. Eng. St. L. Com. Mar. 1856.

Historically considered

With reference to its origin, “law” is derived either from judicial precedents, from legislation, or from custom. That part of the Jaw whichis derived from judicial precedents is called f “common law,” “equity,” or “admiralty,” “probate,” or “ecclesiastical law,” according to the nature of the courts by which it was originally enforced. (See the respective titles.} That part of the law which is derived from lagislation is called the “statute law.” Many statutes are classed under one of the divisions above mentioned because they have merely modified or extended portions of it, while others have created ajtogether new rules. ‘That part of the law which is derived from custom is sometimes called the “eustomary law,” as to which, see Cus Tom. Sweet. The earliest notion of law was not an enumeraking, it was assumed to be the result of direct divine inspiration. Afterwards came the notion of a@ custom which a judgment affirms, or punishes its breach. In the outset, however, the only authoritative statement of right and wrong is a judt cial sentences rendered after the fact has occurred. It does not presuppose a law to have been violated, but is enacted for the first time by a higher form into the judge’s mind at the moment of adjudication. Maine, Anc. Law, (Dwight’s Ed.) pp. xv, 5. Synonyms and distinctions. According to the usage in the United States, the name “constitution” is commonly given to the organic or fundamental law of a state, and the’term “law” is used in contradistinetion to the former, to denote a statute or enactment of the legislative body. “Law,” as distinguished from “equity,” denotes the doctrine and procedure of the common law of England and America, from which equity is a departure. The term is also used in opposition to “fact.” Thus questions of law are to be de cided by the court, while it isthe provinee of the jury to solve questions of fact.

Classification

With reference to its subject-matter, law is either pwblie or private, Public law is that part of the law which deals with the state, either by itself or in its relations with individuals, and is divided into (1) constitutional law; (2) administrative law; (3) criminal law; (4) criminal procedure; (5) the law of the state considered in its quasi private personality; (6) the procedure relating to the state as so considered.

Holl. Jur. 300.

Law is also divided into substantive and adjecitve. Substantive law is that part of the law which creates rights and obligations, while adjective law provides a method of enforcing and protecting them. In other words, adjective law is the law of procedure.

Holl. Jur. 61, 238.

The ordinary, but not very useful, division of law into written and wnwritten rests on the same principle. The written law is the statute law; the unwritten law is the common law, (q. %.) 1 Steph. Comm, 40, following Blaekstone. Kinds of statutes. Statutes are called “general” or “public” when they affect the community at large; and focal or special when their operation is confined to a limited region, or particular class or interest. Statutes are also either prospective or retrospective; the former, when they are intended to operate upon future cases only; the latter, when they may also embrace confer new powers; “remedial” when their effect is to provide relief or reform abuses; “penal” when they impose punishment, peculiary or corporal, for a violation of their provisions. a In old English jurisprudence, “law” is used to signify an oath, or the privilege of being sworn; as in the phrases “to wage one’s law,” “to lose one’s law.” As to the different kinds of law, or law regarded in its different aspects, see ADJECTIVE Law; ADMINISTRATIVE Law; Const™?1U- TIONAL LAw; Crimi InAL LAw; INTERNA- TIONAL Law: LAw oF Nations; Law or Nature; Law-Merc Hant; MUNICIPAL Law; Postttve Law; Privare Law; Pus- Lid LAW; RETROSPECTIVE Law; SUBSTAN- TIVE Law.