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Tag: define law

LAW

Introduction

The term “Law’ denotes different kinds of rules and Principles. Law is an tool which regulates human conduct/behavior. Law approach Justice, Morality, Reason, Order, and Righteous from the view factor of the society. Law approach Statutes, Acts, Rules, Regulations, Orders, and Ordinances from factor of view of legislature. Law approach Rules of court, Decrees, Judgment, Orders of courts, and Injunctions from the factor of view of Judges. Therefore, Law is a broader time period which incorporates Acts, Statutes, Rules, Regulations, Orders, Ordinances, Justice, Morality, Reason, Righteous, Rules of court, Decrees, Judgment, Orders of courts, Injunctions, Tort, Jurisprudence, Legal theory, etc.

 Generally the term law is used to mean three things:


First it’s far used to intend “legal order”. It represents the regime of fixing relations, and ordering behavior through the systematic software of the pressure of prepared political society. 

Secondly, regulation method the complete frame of legal Precepts which exists in a politically prepared society. 

Thirdly, regulation is used to intend all professional manipulate in a politically prepared society. This cause real management of Justice as contrasted with the authoritative fabric for the Guidance of Judicial action. Law in its narrowest or strict experience is the civil law or the law of the land.

Definitions of law

It is very difficult to define the term law. Many Jurists attempted to define the term law. For the Purpose of clarity, some of the definitions given by Jurists in different Periods are categorized as follows

(I) Idealistic Definitions:-

Romans and other ancient Jurists defined law in its idealistic nature. Roman Justinian’s defined law in the light of its idealistic nature.

(a) Salmond: – According to salmond “the law may be defined as the body of principles recognized and applied by the state in the administration of Justice. Criticism of Salmond’s definition of law:- Salmond did not define the expression Justice. Keeton says what has been considered to be just at one time has frequently not been so considered at another. 

Criticism by Dean Roscoe Pound: – Dean Roscoe Pound has criticized the definition of Salmond as reducing law to a mass of isolated decisions and the law in that sense to be an organic whole. Further, it is criticized on the ground that Salmond’s definition applies only to lax law not to Statute. Despite criticism, Salmond’s definition is considered as the workable definition. 

(b) John chipman Gray’s Definition of Law:– According to Gray, “the Law of the State or of any organized body of men is composed of the rules which the courts, that is the judicial organ of the body lays down for the determination of legal rights and duties. Criticism of Gray’s definition of law:- Gray’s definition is criticized on the Ground that he is not concerned with the nature of law rather than its Purposes and Ends. Further it does not take into account the statute law.

(ii) Positivists definition:-

 (a) Austin’s definition of law” John Austin (1790-1859) An English Jurists expounded the concept of analytical positivism, making law as a command of sovereign backed by sanction. He developed logically, a structure of the legal system in which he gave no Place to values, morality, idealism and Justice. 

According to Austin, a law, in the strict sense, is a general command of the sovereign individual or the sovereign body. Issued to those in subjectivity and enforced by the physical power of the state. According to Austin “law is an aggregate of rules set by men politically superior or sovereign to men as politically subject.” Austin says, “A law is command which obliges a person or persons to a course of conduct.

 Criticism of Austin’s definition of law:- Austin’s definition of law is subjected to criticism on the ground that it completely ignores the moral and ethical aspects of law and unduly emphasizes the imperative character of law.

 (b) Holland’s definition of law

Thomas Erskine Holland, a reputed Jurist, who followed the Austin’s concept and nature of law attempted to define law as law is a General rule of external human action enforced by a political sovereign. Holland also measures or defines law with preference to sovereign devoid of moral, ethical or ideal elements which are foreign to law and Jurisprudence.

 (c) John Erskine definition of law Law is the command of a sovereign, containing a common rule of life for his subjects and obliging them to obedience.

 (c) Hans Kelsan’s definition of Law According to Kelsan legal order is the hierarchy of the norms, every norm derives its validity from the superior norm and finally there is the highest norm known as grundnorm. 

(d) H.L.A.Hart According to Hart Law is the combination of primary rules of obligations and secondary rules of recognition.

Conclusion

Jurisprudence deals with the law as its subject. In its broadest meaning, law denotes a system of rules governing the cosmos, things, events, or behaviour. Any rule of action, or any norm or pattern to which acts are supposed to be confirmed, is a law in the broadest sense. It has been attempted by various jurists at various periods to define the term “law,” but it is quite challenging to come up with an exact definition. Old definitions placed a strong emphasis on religious components of life, which are no longer relevant today. Law is a notion that changes with time; its goals and functions have changed over time.

Definitions of law:-

It is very difficult to define the term law. Many Jurists attempted to define the term law. For the Purpose of clarity, some of the definitions given by Jurists in different Periods are categorized as follows. (I) Idealistic Definitions:- Romans and other ancient Jurists defined law in its idealistic nature. Roman Justinian’s defined law in the light of its idealistic nature. (a) Salmond: – According to salmond “the law may be defined as the body of principles recognized and applied by the state in the administration of Justice.

According to Austin, a law, in the strict sense, is a general command of the sovereign individual or the sovereign body. Issued to those in subjectivity and enforced by the physical power of the state. According to Austin “law is an aggregate of rules set by men politically superior or sovereign to men as politically subject.” Austin says, “A law is command which obliges a person or persons to a course of conduct.