1. What do you understand by the term ‘Law’? Explain it with the
help of the definitions given by Jurists. (2017-S)
Define Law; elaborate its nature with different definitions given by
Jurists. (2018-S)
What do you understand by the term „Law‟? Explain it with the
help of the definitions offered by the legal philosophers.
(2019-A)
Explain the con concept of law with the help of definitions given by
various legal thinkers. (2020-A)
What do you understand by the term „Law‟? Explain with the help
of the definitions given by jurists. (2018-A)
Synopsis
I. Prologue
II. No man is above the law, and no man is below it.
III. Origin of law
IV. Meaning of law
V. General Definition of law
VI. Definition of law by Jurists/Legal philosophers/ Legal
thinkers
VII. Features of law
VIII. Essentials of law
IX. Importance of law
X. Philosophy of law
XI. Merits of law
XII. Demerits of law
XIII.Common case laws
XIV. Winding up remarks
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I. Prologue
Law is a body of rules established and organized by the competent
authority. Law is a system of rules which are enforced by controlling
authorities. The systems of rules established under a competent
authority are not limited to enact and enforced the laws in government.
There are different features and kinds of law. Law is not defined once; it
is defined by different Jurist. Law is a double edge sword; it has twin
meanings laws of motion, gravity and laws of nature which are
universal and unchangeable. On the other hand, set of laws enacted by
men.
II. No man is above the law, and no man is below it.
According to concept of rule of law, no one is above the law and no man
is below it. Everyone is equal before the eye of law.
III. Origin of law
The word „Law‟ has been derived from the Teutonic word „Lag‟, which
means „definite‟.
IV. Meaning of law
According to Black‟s Law Dictionary,
The term „Law‟ means „The regime that orders human activities and
relation through systematic application of the force of politically organized
society, or through social pressure, backed by force in such a society.‟
V. General Definition of law
In a general sense Law is a rule of conduct developed by the
government or society on a certain area. The law follows certain
practices and customs to deal with crime, trade, social relations,
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property, finance, and more. The law is controlled and enforced by the
governing authority
VI. Definition of law by Jurists/Legal philosophers/ Legal
thinkers
There is numerous definition of law by different Jurist, which are given
below:
According to Austin,
“Law is the aggregate of rules set by men as politically superior, or
sovereign, to men as politically subject”.
According to Blackstone,
“Law in its most general and comprehensive sense signifies a rule of
action and is applied indiscriminately to all kinds of actions, whether
animate or inanimate, rational or irrational”.
According to Salmond,
“Law is the body of principles recognized and applied by the state in the
administration of Justice”
According to Cicero,
“Law is the highest reason implanted in nature”.
According to Ulpian,
Law is “the art or science of what is equitable and good”.
According to Justinian,
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“Law is the king of all mortal and immortal affairs, which ought to be
the chief, the ruler and the leader of the noble and the base and thus
the, standard of what is just and unjust, the commander to social
animals what they should do, the forbidder what they should not do.”
According to Hobbes,
“Law is the speech of him who by right commands somewhat to be
done or omitted‟.
According to Pound,
“Law is the body of principles recognized or enforced by public and
regular Tribunals in the administration of Justice”.
According to Ihering,
“Law is the form of the guarantee of the conditions of life of society,
assured by State‟s power of constraint”.
According to Hooker,
Law is “any kind of rule or canon whereby actions are framed”.
According to Savigny,
Law is “the rule whereby the invisible borderline is fixed within which
the being and activity of each individual obtains a secure and free
space”.
According to Positivism,
There are known as a modern thinkers and they propounded a new
school in the Law namely, “Analytical School”. This school is also
known as a scientific school.
According to Sir Henry Maine,
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Law in terms of the people‟s intention, to make laws, for establishing
patterns of conduct.
According to Ehrlich,
Ehrlich lays down, “that the law consists of norms coverings social life.
But only the living Law is the actual law.
According to Leon Duguit,
Law as “the rules which the courts lay down for the determination of
legal rights and duties.”
VII. Features of law
Law is defined by different Jurist according to their opinion, but there
are following common features of law, which are given below:
It is a body of rules and principles.
Law has territorial limit.
It is a normative in character.
VIII. Essentials of law
Following are essential of law,
Before the law there is a state.
Before the state there must be a society.
State and society develop the legal order.
Law always has a purpose.
There must be customs and conventions in a society.
Law must be command by sovereign authority.
There must be set of rules.
IX. Importance of law
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Laws play a vital role in our society. It provides rule and regulations
for smart society. It protects the rights of the citizen, health and safety
of public. Law promotes equity, which is very pertinent for all states.
X. Philosophy of law
The philosophy of law is jurisprudence. Jurisprudence is that branch of
law, which investigates the nature of law. The main aim of philosophy
of law is to distinguish law from other laws such as morality or other
conventions.
XI. Merits of law
Following are merits of law, which are given below:
Uniformity and certainty
The uniformity and certainty of law bring convenience and happiness
to the people.
Equality and Impartiality
No one is superior or above the law, equality before the eye of law is
also goes to the favor of people.
Reliability
The law is more reliable as compare to other individual judgment.
Protection from errors
The fixed rule of laws protects the administration of justice from the
errors.
XII. Demerits of law
Following are demerits of law, which are given below:
Rigidity
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An ideal legal system must be change according to the requirements.
Therefore, rigidity of laws brings hardship.
Complexity
It is true that complexity is the part of law, law in not simple but
sometime it become difficult to understand due to needless complexity.
XIII.Common case laws
In the history of law, there are numerous case laws. Following are most
common and landmark cases in the history of law since its beginning:
Ealdred v High Sheriff of Yorkshire 1068.
Wulfstan v Thomas 1070.
Magna Carta 1215.
John v Anon 1290, It was early Chancellery case in trusts.
Eaton v Allen 1598, early defamation case.
XIV. Winding up remarks
To conclude it we can say that, law is a set of principles and rules from
by the competent authority. There are number of definitions by
different legal thinkers but the essential of law is always same. There
are some merits of law such as uniformity and certainty, reliability and
protection from errors but also demerits like rigidity and complexity.
Law has great importance in whole globe because it protects the rights,
health and duties of every person.
