Distinction of law with other concepts

1) Law and Morality-

• Law generally approves or reinforces morality in society.
• Morals are socially accepted set of conduct, belief,attitudes in a given community.
• Morals and law have common origin in an undifferentiated mixture of customs
• However, morals are not law in strict sense.
• Laws are formulated and enforced by the state.on the other hand,Morals by conscience, beliefs,faith or attitudes of society.
• Law has fixed powerful sanctions.The sanctions behind morals are strong public opinion and ridicule.
• Law and morality overlap each other.Hence, no clear distinction can be drawn between the two.
• Positive law cannot ignore morals.As law devoid of morals will not be approved by the people.

2) Law and Custom-

• Custom is to society what law is to the states( Salmond)
• Custom resides in habitual practice and usages.
• Custom is an important historical source of law.
• Custom is described as the twilight of law
• Common law of England is nothing but long standing customs.

To acquire force of law, Custom must fulfil the following conditions-
• Antiquity
• Reasonableness
• Conformity with statutory law
• Observation as a right.
• Consistency with morality and public policy.

France,Germany and Scandinavia countries regard custom as a material source of law.Custom in some systems is a valid source of legal rules.An accepted or proven custom of trade may be an implied term of contract.

Similarity: Both carry sanctions.Disobedience to law is met with strict legal sanctions.Violation of custom will be ridiculed, followed by an adverse public opinion.
Distinctions-
• Custom states what is normally, even invariably, done and does not deal with what should be done and must be done subject to some sanction.
• Custom may be flouted or disobeyed more often than law as it is not backed by legal sanctions.
• Custom may change,even quite rapidly or remain unchanged for long.On the other hand law may change, but not so easily as custom may.
• Custom is a product of public opinion while law is a good deal more than that i.e. recognition and enforcement by the state.


3)Law and Equity-

• Equity primarily is fairness or natural justice.It is not same as ethics or morality but has some connections with it.
• Concept of Equity originated in England and existed side by side with common law.
• The Supreme Court has both these types of jurisdiction.Law and Equity in India always treated as a part of the system.
• English common law principles was liberalized by Equity in the form of principles of “justice,equity and good conscience”.
• Equity thus softens the rigour of the law.It is the lifeblood of law.

4) Law and Public opinion-

• Public opinion is the whole body of individual opinions, views,attitudes and opinions on certain issues held and expressed by a substantial proportion of a community.
• It is not necessarily a majority opinion.
• It is a powerful instrument for the rulers and the ruled alike.
• Public opinion moulds the law and the law also affects the public opinion.
• Educated public opinion is far more valuable than that of the ignorant masses.
• Public opinion,therefore,affects law making, law reform and public policy.