Hello friends, in this blog I am discussing about various definitions of law. This blog is for the study purpose only. This is related to legal language.
State is sovereign. Sovereignty is its exclusive and most important element. It is the supreme power of the state over all its people and territories. The State exercises its sovereign power through its laws. The Government of the State is basically machinery for making and enforcing laws. Each law is a formulated will of the state. It is backed by the sovereign power of the State. It is a command of the State (sovereign) backed by its coercive power. Every violation of law is punished by the State. It is through its laws that the State carries out its all functions.
Various Definitions of Law
Law can be defined as a rule of conduct developed by the government or society over a certain territory. Law follows certain practices and customs in order to deal with crime, business, social relationships, property, finance, etc. The Law is controlled and enforced by the controlling authority.
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Here are some general definitions of law:
1. Law is the system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties.
2. Law is something regarded as having binding force or effect.
3. Law is a rule defining correct procedure or behaviour in a society.
4. In simple words, Law is a definite rule of behaviour which is backed by the sovereign power of the State. It is a general rule of human conduct in society which is made and enforced by the government’ Each Law is a binding and authoritative rule or value or decision. Its every violation is punished by the state.
4. In simple words, Law is a definite rule of behaviour which is backed by the sovereign power of the State. It is a general rule of human conduct in society which is made and enforced by the government’ Each Law is a binding and authoritative rule or value or decision. Its every violation is punished by the state.
Synonyms: rules and regulations, system of laws, body of laws, constitution, legislation, code, legal code, charter, jurisprudence, statute, enactment, act, bill, decree, edict, rule, ruling, resolution, promulgation, measure, motion, dictum, command, order, stipulation, commandment, directive, pronouncement, ratification, proclamation, dictate, diktat, fiat, covenant, demand, by-law, ordinance, ukase, pronunciamento, guideline, principle,
Antonym: anarchy,
Definitions of law by Various Scholars:
John Austin’s law definition states “Law is the aggregate set of rules set by a man as politically superior, or sovereign to men, as political subjects.” Thus, this definition defines law as a set of rules to be followed by everyone, regardless of their stature. This is one of the positive definitions of Law.
John Austin’s law definition states “Law is the aggregate set of rules set by a man as politically superior, or sovereign to men, as political subjects.” Thus, this definition defines law as a set of rules to be followed by everyone, regardless of their stature. This is one of the positive definitions of Law.
As per Holland “A Law is a general rule of external behaviour enforced by a sovereign political authority.”
According to Friedrich Karl von Savigny:
Law is a matter of unconscious and organic growth.
The nature of law is not universal. Just like language, it varies with people and age.
Custom not only precedes legislation but it is superior to it. Law should always conform to the popular consciousness because of customs.
Rudolph Von Ihering’s law definition. – “The form of the guarantee of conditions of life of society, assured by State’s power of constraint.”
This definition has three important parts as follows:
1) the law is a means of social control.
2) the law is to serve the purposes of the society.
3) law due to its nature, is coercive.
Oliver Wendell Holmes stated – “Law is a statement of the circumstances in which public force will be brought to bear upon through courts.”
According to Benjamin Nathan Cardozo, “A principle or rule of conduct so established as to justify a prediction with reasonable certainty that it will be enforced by the courts if its authority is challenged, is a principle or rule of law.”
As the above law definitions state, human behaviour in the society is controlled with the help of law. It aids in the cooperation between members of a society. Law also helps to avoid any potential conflict of interest and also helps to resolve them.
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