M.

A Previous Criminology
2020

Maliha Nadeem
Huda Gull
Saba
Anjum
Syeda Sundus Nigah

Sir Zahid Hussain

ORIGIN AND GROWTH
OF LAW
AND ITS
BRANCHES
1 Introduction to law

2 Importance of law

3 The nature of law

4 Origin and growth of law

5 The rules of law

6 Purpose of law

 Establishing standard
 Maintaining order
 Resolving dispute
 Protecting liberties and right

7 Various branches of law

 Constitution law
 Administrative law
 Criminal and civil law
 Banking and finance law
 International law

8 Conclusion
INTRIDUCTION TO LAW
Law is a word that means different things at different times. Black’s Law Dictionary says that law is “a body
of rules of action or conduct prescribed by controlling authority, and having binding legal force. That which
must be obeyed and followed by citizens subject to sanctions or legal consequence is a law. “Black’s Law
Dictionary.
Law has been defined as “a body of rules of action or conduct prescribed by a controlling authority, and
having binding legal force. That which must be obeyed and followed by citizens subject to sanctions or
legal consequence is a law.”
law is a rule of conduct developed by the government or society over a certain territory. Law follows
certain practices and customs in order to deal with crime, business, social relationships, property, finance,
etc. The Law is controlled and enforced by the controlling authority.

THE IMPORTANCE OF LAW.

The law is important for a society for it serves as a norm of conduct for citizens. It was also made to provide
for proper guidelines and order upon the behaviour for all citizens and to sustain the equity on the three
branches of the government. It keeps the society running. Without law there would be chaos and it would
be survival of the fittest and everyman for himself. Not an ideal lifestyle for most part.

The law is important because it acts as a guideline as to what is accepted in society. Without it there would
be conflicts between social groups and communities. It is pivotal that we follow them. The law allows for
easy adoption to changes that occur in the society.

1. Law plays an important indirect role in regard to social change by shaping a direct impact on society. For
example: 8A law setting up a compulsory educational system.
2. On the other hand, law interacts in many cases indirectly with basic social institutions in a manner
constituting a direct relationship between law and social change. For example, a law designed to prohibit
polygamy.
Law plays an agent of modernization and social change. It is also an indicator of the nature of societal
complexity and its attendant problems of integration. Further, the reinforcement of our belief in the age-old
panchayat system, child marriage, sati, dowry etc. are typical illustrations of social change being brought
about in the country trough laws.
Law is an effective medium or agency, instrumental in bringing about social change in the country or in any
region in particular. Therefore, we rejuvenate our belief that law has been pivotal in introducing changes in
the societal structure and relationships and continues to be so.
THE NATURE OF LAW.
The law affects every aspect of our lives; it governs our conduct from the cradle to the grave and its
influence even extends from before our birth to after our death. We live in a society which has developed a
complex body of rules to control the activities of its members. There are laws which govern working
conditions (e.g. by laying down minimum standards of health and safety), laws which regulate leisure
pursuits (e.g. by banning alcohol on coaches and trains travelling to football matches), and laws which
control personal relationships (e.g. by prohibiting marriage between close relatives).
The law is a set of rules, enforceable by the courts, which regulate the government of the state and govern
the relationship between the state and its citizens and between one citizen and another. As individuals we
encounter many ‘rules’. The rules of a particular sport, such as the off-side rule in football, or the rules of a
club, are designed to bring order to a particular activity. Other kinds of rule may really be social
conventions, such as not speaking ill of the dead. In this case, the ‘rule’ is merely a reflection of what a
community regards to be appropriate behaviour. In neither situation would we expect the rule to have the
force of law and to be enforced by the courts.

ORIGIN AND GROWTH OF LAW

The establishment of a system of laws was not invented by the founding fathers of the United States. The
idea of written laws goes back to ancient Mesopotamian culture that prospered long before the Bible was
written or the civilizations of the Greeks or Romans . They date to about 2400 BCE. However, most scholars
credit Hammurabi’s Code as the origin of written laws and a formal legal system. If you haven’t heard of
Hammurabi, you have certainly heard one of his laws: “An eye for an eye, and a tooth for a tooth.”
Hammurabi’s Code, a collection of 282 laws inscribed on an upright stone pillar, contains many
fundamental legal concepts we would recognize in today’s legal system. In fact, Hammurabi’s reasoning for
creating this code is not that far removed from the rationale for our current legal system. In his preface,
Hammurabi writes that he sets forth these laws “to bring about the rule of righteousness in the land, to
destroy the wicked and the evil-doers; so that the strong should not harm the weak.”
Rule of law as a concept seeks to ensure that government power is limited and that individual rights are
protected. The essence of the rule of law is the sovereignty or supremacy of law over people and
governments. The rule insists that every person, regardless of position or status in society, will be subject
to the law and will be dealt with equally. The rule of law is more than your regulation by law but a
guarantee of freedoms, human rights and equal treatment before the
law”
Recent times have witnessed an increased demand for Rule of Law in Pakistan. The movement for
restoration of judiciary, which basically emerged and was sustained by the urban centers of Pakistan and
later evolved into a broader consensus for strengthening Rule of Law, has been considered ‘elitist’ by its
critics. Their arguments connote Rule of
Law as a luxury that is demanded by the urban elites only, while the poor in both urban and rural areas are
concerned more about their livelihoods. This debate rages on in Pakistan at a time when the development
community is unanimous in its prescription about Rule of Law as a solution to the ills of under-
development.
THE RULE OF LAW
The rule of law is the legal principle that law should govern a nation, as opposed to being governed by
arbitrary decisions of individual government officials. It primarily refers to the influence and authority of
law within society, particularly as a constraint upon behaviour, including behaviour of government
officials. The phrase can be traced back to sixteenth-century Britain, and in the following century, the
Scottish theologian Samuel Rutherford used the phrase in his argument against the divine right of kings.
The concept, if not the phrase, was familiar to ancient philosophers such as Aristotle, who wrote, “Law
should govern.”
Rule of law implies that every citizen is subject to the law, including lawmakers themselves. In this sense,
the rule of law stands in contrast to an autocracy, dictatorship, or oligarchy, in which the rulers are held
above the law. Lack of the rule of law can be found in both democracies and dictatorships, because of
neglect or ignorance of the law, for example, and the rule of law is more apt to deteriorate if a government
has insufficient corrective mechanisms for restoring it.

PURPOSE OF LAW
In a society such as the United States, the law informs everyday life in a wide variety of ways and is
reflected in numerous branches of law. For example, contract law regulates agreements to exchange
goods, services, or anything else of value, so it includes everything from buying a bus ticket to trading
options on a derivatives market. Property law defines people’s rights and duties toward tangible property,
including real estate (i.e., real property, such as land or buildings,) and their other possessions
(i.e., personal property, such as clothes, books, vehicles, and so forth), and intangible property, such as
bank accounts and shares of stock. Tort law provides for compensation when someone or their property is
harmed, whether in an automobile accident or by defamation of character. Those are fields of civil law,
which deals with disputes between individuals. Offenses against a federal, state, or local community itself
are the subject of criminal law, which provides for the government to punish the offender.
The law serves many purposes. Four principal ones are establishing standards, maintaining order, resolving
disputes, and protecting liberties and rights.

1. Establishing Standards
The law is a guidepost for minimally acceptable behaviour in society. Some activities, for instance, are
crimes because society (through a legislative body) has determined that it will not tolerate certain
behaviours that injure or damage persons or their property. For example, under a typical state law, it is a
crime to cause physical injury to another person without justification—doing so generally constitutes the
crime of assault.
2. Maintaining Order
This is an offshoot of establishing standards. Some semblance of order is necessary in a civil society and is
therefore reflected in law. The law—when enforced—provides order consistent with society’s guidelines.
Wildlife management laws, for example, (such as West Virginia’s prohibition against using ferrets for
hunting,) were first passed in an effort to conserve game that had nearly been hunted into extinction
during the nineteenth century. Such laws reflect the value society places on protecting wildlife for future
generations to enjoy.
 3. Resolving Disputes
Disputes are unavoidable in a society comprised of persons with different needs, wants, values, and views.
The law provides a formal means for resolving disputes—the court system.
4. Protecting Liberties and Rights
The constitutions and statutes of the United States and its states provide for various liberties and rights.
One function of the law is to protect these various liberties and rights from violations or unreasonable
intrusions by persons, organizations, or government. For example, subject to certain exceptions, the First
Amendment to the Constitution prohibits the government from making a law that prohibits the freedom of
speech. Someone who believes that his free speech rights have been prohibited by the government may
pursue a remedy by bringing a case in the courts.

“VARIOUS BRANCHES OF LAW”

 Constitution Law:
Constitution Law is a body of law which is define the role, power and structure of different entities with in
a stare the basic right of citizen and in federal countries. The relationship between the central government
and state, provincial, or territorial. It consist of a variety of imperative and
consensual rules. These may include customary law, conventions, statutory law, judge-made law or
international rules and norms. Constitution law deals with the fundamental principle by which the
government exercises its authority. In some instances, these principle grant specific power of Government,
such as the power of tax and spend for welfare of the population. Other times, constitution principle act to
place limits on what the government can do, such as prohibiting the arrest of an individual without
sufficient cause.

 Administrative Law:
Administrative law encompasses law and legal principle governing the administration and regulation of
government authorities (both federal and provincial) in Pakistan. Such authorities are delegated power by
parliament. Administrative the authorities are created to protect a public interest rather than to vindicate
private right .Administrative law is the body that governs the activities of administrative agencies of
government. Government agency action can include rule making m adjudication, or the law enforcement
of a specific regulatory agenda. Administrative law is considered a branch of public law. Administrative law
deals with the decision making of such administrative unit of government as police law, international
trade, taxation, broadcasting, immigration and transport.

 Criminal Law:
Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening,
harmful, or otherwise endangering to the property, health, safety, and moral welfare of people. Criminal
law include the punishment and rehabilitation of people who violate such laws. Criminal law where
emphasis is more on dispute resolution and victim compassion, rather than on punishment or
rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission
of a crime and authorize punitive or rehabilitative treatment of offender.

 Civil Law:
Civil law is a body of rules that defines and protects the private rights of citizens, offers legal remedies that
may be sought in a dispute, and covers areas of law such as contracts, torts, property and family law. Civil
law is derived from the laws of ancient Rome which used doctrines to develop code that determined how
legal issues would be decided.

Branches of Civil Law:

Contract Law:
Contract law deals with agreements between two or more parties, each of which is obligated to hold up
their portion of the agreement. For example, two parties enter into an agreement for the lease of an
apartment. The Lessor has the right to use the apartment, and the landlord receives rent money as
compensation. If one party violates any of the provisions of the contract, they have committed a civil
wrong known as branch of contract.

Tort law.
Tort law is a branch of civil law that is concerned with personal injury and civil wrongdoing. A tort is a civil
wrong, done by one person or entity to another which results in injury or property damage, and frequently
involves monetary compensation to the injured party. There are three categories of torts: negligence,
intentional, and strict liability

Property Law:
Property law covers both personal property and real property. Personal property can be tangible, such as
jewellery, animals and merchandise, or intangible such as patents, copyrights, stocks, and bonds. Real
property refers to land and anything built on it that cannot be easily removed, as well as anything under
the surface of the land, such as oil and minerals.

Family Law:
Family law is the branch of civil law that deals with marriage, divorce, annulment, child custody, adoption,
birth, child support, and any other issues affecting families. This branch of civil law is unique in that there is
not necessarily a person who committed a civil wrong. This is particularly true in states that have no fault
divorces. The family court gets involved with dividing
up property and finances after a divorce, establishing child custody, child support, and spousal support
among other things. Some newer areas that fall under the family law umbrella are same-sex marriage,
artificial conception, surrogate motherhood, in vitro fertilization, and palimony.

 Banking and Finance law:

Banking and finance law focuses on the contractual relationship between lenders and borrowers. In all
financial transactions, the main aim is to negotiate and manage this relationship to ensure the represented
party’s interests are met both legally and commercially.

Different areas in this vast topic include the following:

Bank Lending: A personal or business loan agreement where the bank lends money to a borrower that
come attached with documented repayment terms

Property Finance: A loan is sought and agreed for the purposes of enabling a borrower to obtain a
property or develop the land of which a property will be built. Typically, this will be acquired through a
mortgage
Project Finance: A longer-term, multi-phased and often multi-faceted infrastructure project that involves
public services. The amount is borrowed to carry out the project to and is paid back once it starts to bring
in money.

Acquisition Finance: A loan borrowed by one company to provide it with the funds to purchase another
company. Leveraged finance also comes under this area, whereby a borrower lends a considerable sum of
money to meet the cost of acquisition requirements without committing to paying its own money

Assets Finances: The lender will take security over the specific assets purchased (usually considerable
sums)

Derivatives: Understanding and managing currency rates during a transaction.

Capital markets: When a transaction takes place, a borrowing entity gives bonds to investor

Islamic finance:
Sharia law prevents the collection and payment of interest on a loan. Islamic finance specialists work with
Muslim borrowers, lenders and investors to ensure banking and financial arrangements are compliant with
Sharia law.

 International law:
International law is a system of treaties and agreements between nations that governs how nations
interact with other nations, citizens of other nations, and businesses of other nations. International law
typically falls into two different categories. "Private international law" deals with controversies between
private entities, such as people or corporations, which have a significant relationship to more than one
nation. "Public international law" concerns the relationships between nations. These include standards of
international behaviour, the laws of the sea, economic law, diplomatic law, environmental law, human
rights law, and humanitarian law. Some principles of public international law are written, or "codified" in a
series of treaties, but others are not written down anywhere. These are known as "customary" laws, and
nations consent to them by doing nothing.
CONCLUSION.
Rule of Law and strong legal systems are considered a pre-condition for sustained development. Their
relative weakness in the under-developed world is considered as the main obstacle to growth.
Strengthening Rule of Law and legal systems has, therefore, become a standard advice from the
developing community. Pakistan, too, has witnessed a surge in demand for Rule of Law in recent years.
Capitalizing on this domestically garnered mandate, this paper reviews the legal obstacles to economic
growth in Pakistan.
A conclusion of law is a determination by a judge or ruling authority regarding the law that applies
in a particular case. It is opposed to a finding of fact, which interprets the factual circumstances to which
the law is to be applied. For example, a conclusion of law may determine that evidence cannot be
introduced in a trial, based on evidentiary rules excluding illegally obtained evidence. The choice to believe
a certain party's testimony regarding the circumstances about how the evidence was obtained is truthful is
a finding of fact.

No country can maintain a rule of law society if its people do not respect the laws. Everyone must
make a commitment to respect laws, legal authorities, legal signage and signals, and courts. Imagine if
everyone in your community decided that they did not want to be bothered by traffic laws and signals, for
example. The streets in your community would quickly become a chaotic and less safe place. Police officers
might be overwhelmed trying to help the situation, or ignored altogether.