introduction to law and computers

8/3/2019 Introduction to Law and Computers

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INTRODUCTION TO LAW

Laws are the collective whole of the followance of the customs and traditions sanctified over time,

drafted and enacted into action by the Sovereign or its representative by them or in their name, and

enforced into action by officers appointed by the sovereign and the people authorities empowered by

the Sovereign under its various sanctions.

Laws came in action as an active mechanism to control and direct the progress of man to aid and enable

the greater good of all fellow man. Man's level of Intelligence is greater than any known animal, as he

has the power to create and modify his creations. This power is great and the power when left

unchecked degenerates one beyond the point of the brute, as power corrupts and absolute power leads

to absolute corruption.

To direct and control this power, Laws emerged. The Earliest Laws were framed by thinkers and

knowlegable elders, who were respected for their age and experience. Their study in the nature of their

society enabled them to develop guide-lining Rules.

These guidelines were collected and codified to enable easier enactation. They were diverse, covering all

areas from Agriculture to Zoology. The Most popular ancient law is the Ten Commandments, which

covered all areas of man in the most basic form. The Devout still follow these commandments as they go

about in their daily lives. Many People believe that all things were created by the Gods, as they claim

sanction of the divine will to bring forth their laws and approve the interpretation of the law.

A great many old religions believe that The Old Ones existed and oversaw the creation of the universe

and everything in it. The rules and guidelines of Religions were sanctified by these old Gods, who were

portrayed as Angsty and Blood thirsty, demanding sacrifices and atonement, for crimes and

transgressions. All things odd and unpleasant were declared as caused by the old ones, as an act of theiranger for transgressions done by man.

God was depicted as vengeful, as the creators of these rules knew, that man needs to be brought on the

right path, and since understanding What God is being beyond the grasp of normal man, they knew that

the threat of retribution and demand for sacrifice will force man to be good. The threat from God was

employed for enforcement, helping these guidelines to be followed even today.

Later these rules were codified and associated with religions that sprang up based upon them and their

interpretations. The Bible and The Koran, contain rules whose followers are said to be devout, and the

non believers as the infidel. These books promise blessings and grace of heaven to the believers, and

condemn the infidels to fire and brimstone of hell.

Many wars have been fought over the definition of The Infidel and the Devout. With both sides

persecuting all with their might, as the mighty have the right to be right. The far reaching power of

Religions led to many nations being formed, some based on the religion as a whole and some on its

interpretations. This led to Karl Marx's famous quotation - Religion is the opiate of the masses ".


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LAW IN INDIA

Law in India is as old as India itself. Ancient India represented as having a distinct tradition of law, and

had a historically independent school of legal theory and practice. The Arthashastra, dating from 400 BC

and the Manusmriti, from 100 AD, were influential treatises in India, texts that were considered

authoritative legal guidance. Manu's central philosophy was tolerance and pluralism, and was cited

across Southeast Asia.

Early in this period, which culminated in the creation of the Gupta Empire, relations with ancient Greece

and Rome were not infrequent. The appearance of similar fundamental institutions of international law

in various parts of the world shows that they are inherent in international society, irrespective of culture

and tradition. Inter-State relations in the pre-Islamic period resulted in clear-cut rules of warfare of a

high humanitarian standard, in rules of neutrality, of treaty law, of customary law embodied in religious

charters, in exchange of embassies of a temporary or semipermanent character.

When India became part of the British Empire, there was a break in tradition, and Hindu and Islamic law

was supplanted by the common law. As a result, the present judicial system of the country derives

largely from the British system and has little correlation to the institutions of the pre-British era.

The system of law in modern India is largely based on English common law because of the long period of

British colonial influence during the period of the British Raj. Much of contemporary Indian law shows

substantial European and American influence. Various legislation first introduced by the British is still in

effect in modified forms today.

During the drafting of the Indian Constitution, laws from Ireland, the United States, Britain, and France

were synthesized into a refined set of Indian laws. Indian laws also adhere to the United Nations

guidelines on human rights law and the environmental law. Certain international trade laws, such asthose on intellectual property, are also enforced in India.

Indian family law is complex, with each religion adhering to its own specific laws. In most states,

registering of marriages and divorces is not compulsory. Separate laws govern Hindus, Muslims,

Christians, Sikhs, and followers of other religions. The exception to this rule is in the state of Goa, where

a Portuguese uniform civil code is in place, in which all religions have a common law regarding

marriages, divorces, and adoption.

The Primary base of Law in India is The Constitution Of India which came into effect from January 26,

1950 and is the lengthiest written constitution in the world. Its administrative provisions are to a large

extent based on the Government of India Act 1935.It contains various other provisions that were drawn

from other constitutions in the world at the time of its creation.

It provides details of the administration of both the Union and the States, and codifies the relations

between the Federal Government and the State Governments. A chapter on the fundamental rights of

citizens, as well as a chapter on directive principles of state policy is incorporated to enable the welfare

of the people.


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The constitution prescribes a federal structure of government, with a clearly defined separation of

legislative and executive powers between the Federation and the States. Each State Government has

the freedom to draft it own laws on subjects classified as state subjects. Laws passed by the Parliament

of India and other pre-existing central laws on subjects classified as central subjects are binding on all

citizens. However, the Constitution also has certain unitary features, such as vesting power of

amendment solely in the Federal Government, the absence of dual citizenship, and the overriding

authority assumed by the Federal Government in times of emergency.

The Factories Act enacted in 1948, deals with premises classified under the definitionFactory where

Manufacturing Process " occurs. To take care of the Shops and Commercial Establishment, the act of

the same name was enacted by the Govt of the then Bombay State.

The manufacturing process involves making, altering, repairing, ornamenting, finishing, packing, oiling,

washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance

with a view to its use, sale, transport, delivery or disposal. Any Process is termed as a process of

manufacture if the end purpose falls within the purview of - use, sale, transport, delivery or disposal of

the goods and material under process.

The factories act was enacted in 1948 to aid and enable the general welfare of the workmen and

employees in India, to provide for them the Health Safety and Welfare Facilities in the premises of the

factories. This act was a Central Legislation applicable to all premises covered under the definition of

Factory. Initially only the establishments covered under definition of factory were covered under this

act, allowing the applicability of the other labor lawsWorkmens Compensation Act

To provide for the welfare of people employed in establishments other than Factories, The Bombay

Shop and Establishment Act was enacted in 1948 to provide for the personnel employed, the facilities of

Health Safety and Welfare, in line with the facilities provided within Factories as per the act.

The Enactment of this act allowed for coverage of the employee and workmen under the various labor

laws Ex - The Payment of Wages Act, 1936, The Trade Unions Act, 1926, Workmen's Compensation Act,

1923 etc. These far reaching enactments helped provide for the employees of the Shops and

Commercial Establishments to aid and enable the betterment of their working lives. The legislation was

first enacted in the then Bombay State, and later was followed by similar enactments in the other States

of India.


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COMPUTER DEVICES

The Computer Devices were invented and further developed, to aid in calculation of numerical data and

other string of digits and letters. The First Computer was the Antikhyra Device, which built 2500 years

ago, calculated the movement of stars and planets, in an intricate mechanism of cogs and gears,

displaying the position on the semicircular dial. The intricate mechanism was advanced and built to last,

as it worked, post removal from the depths of the Mediterranean Sea.

The Curta Calculater was a mechanical device, built to calculate answers from complex mathematical

sums; the device relived the user, from intricate calculation time, from slide rules and other log tables.

The device saved the inventor from death in Nazi Germany, the Concentration Camp Commandant

having realized its value.

Computers are a family having Five Generations, the Great Great Grand Father, The Eniac being as big as

a Vast Hall, with 101 devoted technicians addressing its every whim. One Million Parts comprised it and

it had a memory Capacity of 32 kilobytes, considered as a princely amount at that time. It was the first

large-scale, electronic, digital computer capable of being reprogrammed so it could solve a variety of

computing problems.

As the years progressed Computer size reduced with developments in technology increasing its memory

capacity and usability. Apple came later, with the Computer Device as we know it having built Monitor,

CPU Input Devices, and Floppy input aperture to enter data. This was a revolutionary development,

which made Apple wildly popular.

Now we have The Cloud, a nebulous space in the Internet representing all features of The Net, but

within the boundaries of its nebulous envelope. This cloud will soon cover the entire digital sky, inviting

all to come under its shade.

In the virtual ground beneath the cloud are Virtual Computers Computer Devices, located in the digital

realm dimension, behind the Metal Glass Composite and Plastic case which one sees and identifies as a

Computer. These are fully functioning computers, but which cannot be seen as a physical entity. The

freedom from the physical shell has enabled more than One Computer to be runned and operated in a

Physical Shell.

A Thousand desktops running ten thousand programs each, poised to descend upon the virtual realm, a

Kampfgrupp of such numbers, which will i lluminate the entire Digital Sky. It is hard to even comprehend

such a vision as the eyes of the mind cannot think what the pioneers like Dr Nikola Tesla and Charles

Babbage have seen.

Dennis Ritchie and Ken Thomson gave voice and thought to computers, breathing life into these metal

boxes. Their invention enabled Computers to speak and understand, and interpret language and speak

its own; From Calculators to Super Computers C Language is used. The voice of the digital lord was

brought by these brave men. May they rest in peace.


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introduction to law and computers

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