LEARNING THE LAW:HOW TO READ LAW


3

Abstract: This little work aims to help literally those have decided to study law .Whether in a University or collage ,or as a professional qualification. In this work I offer an introduction to the law and its study at University or Lawl Schools.In a letter to American Jurist Oliver Wendell Holmes in 1880, A.V.Dicey, wrote about the nuances of legal scholarship “A work on law may ,it seems to me ,be concerned with any or all of three questions.

First; What is the Law?(Practical Lawyer).
Second; What ought to be next in the Law.(Jurist or Legislature)
Third; What is the history of law?(Legal Historian)

To my understanding as a law student,the law students of today have to meet and contend with challenges in the field of law ,due to global village and vast proliferation of laws,as well as beyond the law. Once E.W.Howe quoted in Country Town Sayings,1911,”Almost the wisest –looking thing in the world is a country boy who has been boarding in town three or four months,studying law.”

Key words: Significant Learning to the law

Introduction: Education has been the most important achievement of mankind.It is a light house for human beings lost in the dark sea.

Myneni says that “A control over society is possible only when we have a complete knowledge of legal organs
and working of society and its various institution.

(Dr. S.R.Myneni,Legal Reseach Methodology(New Delhi:Pioneer Books:1997)16-17

W .Friedman rightly observed “The study and practice of law provides one avenue to a diagnosis of a social crisis,no less so than any other social science consequently the lawyer ,not only the legislator ,is just as politician ,the economist ,the sociologist ,or the preacher.(W.Friedman,Legal Theory,South Indian Edition, 2019)79.

Thomas Jefferson once quoted in a letter to T.M.Rundolph,30 May,1976”The study of law is useful in a variety of points of view.It qualifies a man to be useful to himself to his nieghbours, and to the public.”

THE EVOLUTION OF LAW: The object is not to set down universal laws of legal evolution, but rather to study particular types of law:viz.

(1)Primitive Law: What is called ‘Primitive Law’ covers communities in the following categories:Lower Hunters,Higher Hunters,Pastoralist,First Agricultural Grade, Second Agricultural Grade,Third Agricultural Grade.( G.W.Paton, A Text Book Of Jurisprudence, First Indian Edition ,2004,Reprinted in 2018)45-56.

(2)Middle Law: ’When primitive law has once been embodied in a code’ ,H.J.S. Maine, Ancient Law(ed.F.Pollock)26,29, writes,’there is an end to its spontaneous development’,and there after law is brought into harmony with society by three instrumentalities,legal fictions,equity,and legislation,which are enumerated.

(3)Classical Law: There is need of classificat,ion,analysis,and synthesis.The dead law of the past must be cut away in order to allow future growth to be unhampered.(G.W. Paton,A Text Book Of Jurisprudence,First Indian Edition,2004,Reprinted in 2018)61-62.

(4)Post-Classical Law: In the post-classical period society becomes more coplex, and rapid development of the common law is inevitable. Roman law after the post-classical period received a new lease of life through the reception and has left its mark deep on the modern world. In the post-classical period there is a challenged to lawyers to study
the basis of statutory law,as in the classical period attention was concentrated on the basis of case law. Otherwise law may cease to be a system and become a collection of adhoc rules.(G.W. Pato, A Text Book Of Jurisprudence,FirstIndianEdition,2004,Reprinted in 2018)63-65.

Classification- Need for Uniformity:
During the different intervals of human civilization religious, sociological and economic forces largely contributed in the growth and development of law. Wigmore,’ identifies sixteen legal systems in the history of civilized world. These are,
Egyptian, Mesopotamian, Chinese, Herbrew, Hindu, Greek, Roman, Islamic, Japanese, Keltic, Slavonic, Germanic, Maritime, Papal, Romanesque and Anglican.(Dr. S. N. Dhyani, Fundamentals Of Jurisprudence, Reprinted:1992)47 .

The Crisis in Jurisprudence:
Question arises whether Jurisprudence can be made a science at all. It is submitted in reply that it can, and to prove this two propositions will be sought to be established:
(1)Social science is a science: Science is the systematic study of nature.Since man is part of nature,the study of man in society should also be regarded a science.
(2)Jurisprudence can be social science:In we study law from the most general point of view,viz.,its origin,its nature,its role in society,its form,the concept it uses, its future,etc.(Justice Markandey Katju,Law In Scientific Era,Universal Law
Publishing Co.Pvt.Ltd.)9-10.

The Nature Of Law:
Law is a part of social reality.The social reality consist also of the economy,the political structure,religion,morals,customs,etc.each of which operates on a different,though often inter connected,plane

The Shape Of Law In The Future:

There will be two sets of norms in modern society,viz.,norms of stability and norms of progress.The element of law,viz.,the educative and guiding element,will increasingly come to the forefront in modern scientific society,and the
force element will gradually recede, and latter together disappear.( Justice Markandey Katju,Law In The Scientific Era,Universal Law Publishing Co.Pvt.Ltd.,2000)40.

Command On Language:
THE TOOLS OF TRADE :TO Succede in the orofession of law,you must seek to cultivate command of language.Words are the lawyers tools of the trade.(The Discipline Of Law By Rt Hon Lord Denning,OUP)5.
Conclusion: “ Law is a game of words.” LORD DENNING “The more we study the more we discover our ignorance.”
Percy Bysshe Shelley.

 

Author details

Mohammad Taha Amir
Student of law (LL.B.) Faculty Of Law,Lucknow University


Like it? Share with your friends!

3
Deepika

One Comment

Your email address will not be published. Required fields are marked *

Choose A Format
Personality quiz
Series of questions that intends to reveal something about the personality
Trivia quiz
Series of questions with right and wrong answers that intends to check knowledge
Poll
Voting to make decisions or determine opinions
Story
Formatted Text with Embeds and Visuals
List
The Classic Internet Listicles
Countdown
The Classic Internet Countdowns
Open List
Submit your own item and vote up for the best submission
Ranked List
Upvote or downvote to decide the best list item
Meme
Upload your own images to make custom memes
Video
Youtube, Vimeo or Vine Embeds
Audio
Soundcloud or Mixcloud Embeds
Image
Photo or GIF
Gif
GIF format