CHANAKYA NATIONAL LAW UNIVERSITY, NYAYA NAGAR,

MITHAPUR, PATNA-800001

“Law and the State are one”

ROUGH DRAFT SUBMITTED IN THE PARTIAL FUILFILMENT OF THE COURSE

TITLED

LAW AND JUSTICE IN GLOBALIZED WORLD

SUBMITTED TO: SUBMITTED BY:

Prof. Dr. S.C. Roy Prachi Kumari

Roll no - 550

Semester – 1st

Session – 2023-2024
INTRODUCTION:

Law and state are inter-related to each other. Both law and the state will not have any
existence if and only if one of these two remain absent. In the primitive society, law and state
do not have any existence. Labour differentiation and society segmentation creates this law
and states. Law is a set of rules and regulations which control the behavior of its member.
The power to obey law is come from state. On the other hand, law control the existence of
state. Law discusses about the relation between individuals with individuals, individuals with
state, institute with institute or state. And the branch of law which discuss about the relations
among states is known as International law. International law is very important and useful in
the coeval world. Relations among the states of the world are determined by the international
law. Sometimes some states unable to perform the international law. For this reason, we
cannot think that international law is weak and illegal. In the 19th century, even in 20th
century international law was quite controversial for its lawfulness. But in 21st century
international law becomes more faithful and it removes all its controversy. Law may be
defined as a large body of rules and regulations based mainly on general principles of justice,
fair play and convenience, which have been worked out and promulgated by governmental
bodies to regulate human activities and define what is, and what is not permissible conduct in
various situations. It is a pattern of conduct to which actions do, or ought to conform.

AIMS AND OBJECTIVES:

The Aims and Objectives of this project are:

1. To study the relationship between law and the state.
2. To study the judicial legal development of the law and the state
3. To compare whether there is state of law or the law of the state.

HYPOTHESIS:

The researcher presumes that:

1. The existence of state has no means without getting it regulated by the law. So, the rule of
law is essential for the maintainability of harmonized relationship between the state and
the law.
2. The development and growth of the state give rise to the development of law as well.
RESEARCH METHODOLOGY:

For this study, doctrinal research method was utilised. Various articles, e-articles, reports and
books from library were used extensively in framing all the theories in appropriate form,
essential for this study.

SOURCES OF DATA:

The researcher will be relying mainly on secondary sources to complete the project.

1. Primary Sources: Treaties etc…

2. Secondary Sources: Books, newspapers, websites etc…

TENTATIVE CHAPTERIZATION:

1. Indroduction.
2. Definition of law and state: Historical and jurisprudential view.
3. Relationship between law and the state.
4. Judicial legal development of the law and the state.
5. Whether there is state of law or the law of the state.
6. Conclusion, Criticism and Suggestion.
Bibliography
BIBLIOGRAPHY:

The researcher has consulted following sources to complete the rough proposal:

SECONDARY SOURCES:

WEBSITES:

1. https://www.lawyersnjurists.com/article/relation-between-law-and-state-to-ensure-
sovereign-of-the-country/
2. https://www.jstor.org/stable/2548277
3. https://www.legalserviceindia.com/legal/article-6240-definition-of-law-and-schools-of-
jurisprudence.html