Understanding the LAW From Physics’ Perspective
It is believed that Physics is one of the most conceptual subjects where students don’t need to remember anything, but rather understand only the concept. All the laws and principles defined in Physics whether it is Newton’s “Law of Gravitation” or Einstein’s “Theory of Relativity,” all are literally subjective concept that need to be understand and essentially not required to remember or memorize as such.
On the contrary, it is believed that the rules and provisions of Law, are objective (facts) in nature that largely need to be memorize with their respective codes. Or in other words, unlike Physics, in law, there is less scope to understand the concept.
But if you pay a little attention on the provisions and rules of law, you will find that the legal provisions are also as conceptual as the Law of Physics. We understand it with an example, I take the most popular theory in Physics i.e. “Law of Gravity,” it is a beautiful principle, which states that
“Every particle attracts every other particle in the universe with a force that is directly proportional to the product of their masses and inversely proportional to the square of the distance between their centers.”
Where:
- F is the force between the masses;
- G is the gravitational constant;
- m1 is the first mass;
- m2 is the second mass;
- r is the distance between the centers of the masses.
How simple it is.
Do you really think that still, Physics students need to memorize it, of course not; what all they need to do is – understand that the higher the mass of the particle, greater will be the gravitational force and with distance, the intensity of gravitational force decreases; nothing needs to be memorized.
Similarly, if I apply the same principle in Law and see what does happen. For the experiment purpose, I will take Article 13 of the Constitution. The reason is, as in Mechanics (Physics), Law of Gravity is one of the most important laws; similarly, in Law, Article 13 of the Constitution is very much important. Article 13 states that:
13. (1): “All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.”
13. (2): “The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.”
Likewise, Article 13 discusses about the void provisions and explains the circumstances in which a particular provision will be void; so, now, I apply the same formula that described above:
Where:
- VP is the Void Provision;
- C is the Constitution;
- 13 (1) is the first provision of Article 13 explained above;
- 13 (2) is the second provision of Article 13 explained above;
- I is the Inconsistency between the existing provision/s or new provision made by the legislature and the provision of the Constitution.
Now, I collate both the law of gravity and provision of Article 13;
First principle of Gravity says that “every particle attracts every other particle in this universe.”
Article 13 (1) says that any of the provision which is in force on Indian Territory, will be void, if that is inconsistent with the provision of the Part III of the Indian Constitution i.e. Fundamental Rights.
Secondly, the second rule of Law of Gravity says that “the force of particle is directly proportional to the product of their masses and inversely proportional to the square of the distance between their centers.”
Similarly, clause 2 of Article 13 says that the State/Legislature shall not make any law, which affects the Fundamental Rights and any law made in contravention of Part III, be void. It means, Legislature cannot make any law that anyway affect the Fundamental Rights conferred by the Indian Constitution (Doctrine of Colourable Legislation).
The story does not end here, When Newton was merely 23 years old, he conceptualized the law of gravity and later (almost after more than 20 years), he consolidated the three laws of motion.
Similarly, (more than) after 20 years, the concept of “Basic Structure” evolved from the Article 13 itself.
Now
How many of you can establish such relationship or/and find it relevant?
I know, hardly anyone of you can find any meaning in this sort of explanation especially the students of humanities, but for the law students who are from physics background can appreciate it very well.
Anyway, my purpose is neither to teach you Physics nor to explain the legal provisions through the principles of Physics but yes, my intention is to explain to all those law students who think that legal provisions are largely the matter of memorization and least to understand, that law is (like physics) purely the subject of concept, all you need to do is, understand it carefully. Believe me, if you memorize the legal provisions, you would not able to apply it in your case or somewhere in your real life; however, if you understand it, only then you can apply the understood legal provision to all those situations wherever it fits.
Nicely written, Now to understand or memorise the law, this relation will helps to match because it's in the form of equation which is like a guideline to remember the concept of law.
ReplyDeleteYou conceptualised the law in better way, so that it can't merely memorized but also can be understood.
It was really worth reading. Appreciable.
This is a nice post in an interesting line of content, great way of bring this topic to discussion.
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Though not of a physics background I totally understood the objective of the this above established relationship between physics and law.
ReplyDeleteI really appreciate how beautifully this article negates the trite notion which emphasized on memorizing.
I totally understand that it's not just the literal provisions of law but it's essence that is more important.
Thank you for sharing this unique and progressive view.
Good Post! Thank you so much for sharing this pretty post, it was so good to read and useful to improve my knowledge as updated one, keep blogging.
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As a physics lover and a science student and also a law student, I am totally agree with this relationship between physics concept and law. Many people think that law is all about memorizing the law provisions and read and read and read but absolutely "NO". Like physics most of the law especially constitution is all about concept except few provisions.
ReplyDeleteAs we all know scientific concepts comes from practical experiments likewise law comes from need of the society. It is a very dynamic because today's law can be repealed or removed or amended in future according to need of time, a recent example of this is decriminalisation of sec 377 (IPC) and abolition of triple talaq likewise, in physics, theory of quantum mechanics overruled the theory of particles physics. In that sense both are related in concept of evolution too.
At the end I also would like to give an example, in basic physics an atom is made by protons, neutron and electron, without these three elements the atom can't be formed. Likewise in law, law provisions have their own ingredients like forming a contract under contract law there must be offer, acceptance, and consideration. Missing any one ingredients will lead to void agreement.
Thank you very much for your deep and comprehensive reply. It seems you are well acquainted with law as well as physics. And your example is really admirable which shows you intellect.
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Coming from science background I could totally comprehend relationship between physics and law. This article breaks the the conceived notion of people believing that law is a subject which has to be memorized. This article emphasizes on the importance of conceptualizing and understanding the concepts of law.
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