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
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