What is Law? Discuss. Definition given by various jurists?
INTRODUCTION: It is easier to explain than to define it. It means that things are easy to explain than to define it. Definition is very necessary for the study of the subject, because the beginning and in one sense it ends is also its definition. To give a definition of Law is comparatively a hard task due to many reasons :
In Hindu :In France :In Rome :In Muslim :Dharma Droit Jur.
Hukma
All these above words conveys different meaning. And we can say that a definition which contain all the above meaning and all elements would be a good definition of law. Endlly definition given by every person is always different. Because definition given by a lawyer a philosopher, a student or a lecturer is always different. A definition which doesn’t cover all these elements would be an in-perfect definition. DEFINITION OF LAW:- The word, “Law” has been taken from the ‘latin word’ which means “The body of Rules” various scholars has attempted to define this term according to their own prospective. Some of them are as under:According to Roman Scholars:- The law is concerned with the parameters which is right or wrong, fair and unfair.
ULPIAN:- The famous Roman scholars and a Juries, he defined the term ,” Law as standard of what is just and unjust.” According to Salmond:- The law is the body of principals recognised and applied by the state in the administration of justice.
According to Positivist Definition :- They 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. Benthem, Austin and Kelson define the term of Law in the following manners:1.
There are three elements of law according to Austin : a) b) c)
Duty Sanction
) )
= LAW
and if we don’t obey this duty then there is a sanction. 2.
According to him every law have a command and due to this command we have the duty to obey this command As per Benthem:- The law is the violaion of some declarations by the political head with utiity ensuring maximum
happiness of he maximum people in the society. Benthm concept of law revolves around individual utilitarianism and its concern with the theory of pain and pleasure, which means that the purpose of Law to reduce the pain and harms and pleasure in the society. 3.
According to Kelson:- The law is depsycholigically command. He is concern with those commands which purely
rest upon the formal expression of law. 3. Sociological Definition: The sociological approach is not a single approach but it includes a number of thoughts, but all these thought related to society, that is why heading is given them to sociological. And we shall discuss some of true definitions :DUGUID :- According to him the law is a set of sosme formal norms aiming an creation of soliditary in society. IHERING :- According to Ihering the Law is a form of guarantees of the conditions of life in society which are assured by the states power of constraint. EHRLICH :- Ehrlich lays down, “that the law consists of norms coverings social life. But only the living Law is the actual law.”
ROSCUEPOUND :- According to him Law is an instrument for balancing, conflict or completing interest of people in the society.
REQUIREMENTS FOR LAW
The followings are some requirements for the definitions of law :i)
Before the law there is a State. ii)
iii) iv)
Before the State there must be a society. State & society develop a legal order to be followed.
And finally law always has a purpose. CONCLUSION:In end we can say that law is the important and necessary part of the state and developing the human beings. Law
gives rights and duties to human beings. And law is the essential part of a State. Law is an instrument of social control as well as social change.
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