Definition of Law by Jurists- Jurisprudence

Introduction with Law:

It is easier to explain Law than to define it. It means that things are easy to explain than to define it. The 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  is comparatively a hard task due to many reasons:

1. In Hindu:- Dharma
2. In France:- Droit
3. In Rome:- Jur.
4. In Muslim :- Hukma

All these above words convey different meaning. And we can say that a definition that contains all the above meaning and all elements would be a good definition of law.

Endlessly 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 that doesn’t cover all these elements would be an in-perfect definition.

Definitions :-

The word, “Law” has been taken from the ‘Latin word’ which means “The body of Rules” various scholars have attempted to define this term according to their own perspective.

According to Roman Scholars:-

The law is concerned with the parameters which are 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.”

Salmond:-

The law is the body of principals recognized and applied by the state in the administration of justice.

Read administration of justice

Positivist Definition:-

They are known as 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. AUSTIN:-

Austin is the father of English Jurisprudence and according to him, “Law is the command of a sovereign” There are three elements of law according to Austin:

a) Command )

b) Duty ) = LAW

c) Sanction )

According to him every law have a command and due to this command we have the duty to obey this command and if we don’t obey this duty then there is a sanction.

2. Benthem:-

The law is the violation of some declarations by the political head with utility ensuring maximum happiness of the maximum people in the society. Benthm’s concept revolves around individual utilitarianism and its concern with the theory of pain and
pleasure, which means that the purpose  to reduce the pain and harms and pleasure in the society.

3. Kelson:-

The law is psychologically command. He is  concerned with those commands which purely rest upon the formal expression of law.

Sociological school definitions:

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 some formal norms aiming a creation of soliditariy in society.

IHERING:-

According to Ihering, the Law is a form of guarantees of the conditions of life in a society which are assured by the state’s 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 the interest of people in society.

Requirements of Law

i) Before the law there is a State.

ii) Before the State there must be a society.

iii) State & society develop a legal order to be followed.

iv) And finally law always has a purpose.

Conclusion:-

In the end we can say that law is an important and necessary part of the state and developing human beings. it gives rights and duties to human beings and the law is an essential part of a State & it is an instrument of social control as well as social change.

 

Definition of Law- wikipedia

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