Skip to main content

What is Law?


What is Law – Definition, Purpose and Sense of Law

What is Law
Law is a social science grows and develops with the growth and development of society. New developments in society create new problems and law is required to deal with those problems. According dictionary definition of Law, it means a rule established by authority or by custom. It regulates the behaviours of a community, Country, etc. In other words, it is the legislative pronouncements of the rules which should guide one’s action in society. To say, it is a rule of action to which human beings conduct must conform.

Definitions of Law
Salmond Definition of Law
 “The body of principles recognized and applied by the state in the administration of justice”. In other words, it is consisted of the rules recognized and acted upon by the court of justice.
Blackstone Definition
“Law in its most general and comprehensive sense means a rule of action or actions whether animate or inanimate, rational or irrational. Thus we say, the law of motion, gravitation, nature and of nation.

Austin definition of Law
In the widest sense, Law is a rule laid down for the guidance of an intelligent being by an intelligent being having power over him”. Or “It is the aggregate of rules set by men as politically superior or sovereign to men as politically inferior.
Sense of Law
Broadly speaking there are two sense of law, has been used
§  General sense
§  Juridical sense  

General Sense of Law
General sense of law denotes uniformity and regularity of action According to Dr. Salmond “In its widest sense the term law includes rule of action.” That is to say, the relation derived from the nature of things. Hence general laws may fall into three classes.
§  Divine Laws. While these relate to the will of the supernatural power and thus they are a part of the science of theology.
§  Physical Laws. These are expressions of the uniformities of nature such as law of motion, or gravitation.
§  Human Laws. These are laws by analogy and may be further subdivided into two classes

Juridical Sense of Law
According to Prof. Flalland, “law in proper Sense is a general rule of external action enforced by a determinate authority which is human and paramount in a political society.”

Purpose of Law
According to Roscoe Pound there are four purposes of law
·         To maintain law and order within a society
·         To maintain the status-quo in society
·         To enable individuals to have the maximum freedom
·         The maximum satisfaction of the needs of the people


Comments

Popular posts from this blog

Digital Forensics and Encryption

Digital Forensics and Encryption The use of encryption technology to protect computer data is growing—and that fact presents a challenge for forensic investigators. Without a decryption key, forensic tools cannot be used to find digital evidence. Even with the key, searching encrypted data can be tricky and time consuming. Below are some answers to common questions about trends in the use of encryption and what investigators can do to get as much evidence as possible from an encrypted file or drive.

Cryptography - Wikipedia

Cryptography Cryptography  or  cryptology  (from  Ancient Greek :  κρυπτός ,  romanized :  kryptós  "hidden, secret"; and  γράφειν   graphein , "to write", or  -λογία   -logia , "study", respectively [1] ) is the practice and study of techniques for  secure communication  in the presence of third parties called  adversaries . [2]  More generally, cryptography is about constructing and analyzing  protocols  that prevent third parties or the public from reading private messages; [3]  various aspects in  information security  such as data  confidentiality ,  data integrity ,  authentication , and  non-repudiation [4]  are central to modern cryptography. Modern cryptography exists at the intersection of the disciplines of  mathematics ,  computer science ,  electrical engineering ,  communication science , and  physics . Applications...

Cyber crime - Wikipedia

Cybercrime , or  computer-oriented crime , is a crime that involves a  computer  and a  network . [1]  The computer may have been used in the commission of a crime, or it may be the target. [2]  Cybercrimes can be defined as: "Offences that are committed against individuals or groups of individuals with a criminal motive to intentionally harm the reputation of the victim or cause physical or mental harm, or loss, to the victim directly or indirectly, using modern telecommunication networks such as Internet (networks including chat rooms, emails, notice boards and groups) and mobile phones ( Bluetooth /SMS/MMS)". [3]  Cybercrime may threaten a person or a nation's security and financial health. [4]  Issues surrounding these types of crimes have become high-profile, particularly those regarding  hacking ,  copyright infringement ,  unwarranted mass-surveillance ,  sextortion ,  child pornography , and  child grooming ....