INTRODUCTION TO THE LAW

"Without law men are beasts."

                -(MAXWELL ANDERSON)

Contents-
1. Meaning of law
2. Definition of law
1) In its widest sense
2) In concrete sense
(i) Idealistic definition
(ii) Positivistic definition
(iii) Historical definition
(iv) Sociological definition
(v) Realist definition
3. Nature or characteristics of law

Meaning of Law :

Men live in society. They differ in their ideas, aims and ideals. Since, there must be some 'uniform rules' to control their activities. These uniform rules which regulate human behaviour are called laws.

Law not only prescribes the rules of behaviour for citizens in the State but also provides a social order without which no civilisation and economic development is possible. 

The word 'law' is derived from an old Teutonic root 'lag' which means something which lies fixed or evenly. The word 'law' is also associated with the Latin word 'jus' which again is associated with another word 'jungere' giving the meaning 'a bond' or 'tie'. The general meaning of law is 'a body of rules to guide human action.' It is the product of human interaction and endeavour.

The different meanings of the word 'law' may be classified as follows :

(1) Law means justice, morality, reason, order, righteousness, etc., from the point of view of society; 

(2) Law means statutes, Acts, rules, regulations, orders, ordinances, etc. from the point of view of legislature; 

(3) Law means rules of court, decrees, judgments, orders of courts, injunction, etc. from the point of view of judiciary; 

(4) Law means rights and remedies from the point of view of the decree-holders; 

(5) Law means duties, liabilities, obligations, etc. from the point of view of the judgment-debtor; and

(6) Law means titles, written laws, judicial precedents, custom as evidence of law.

Generally, the term law is used to mean three things :— 

•First, it is used to mean 'legal order'. It represents the regime of adjusting relations, and ordering conduct by the systematic application of the force of organised political society.

•Secondly, law means the whole body of legal precepts which exists in a politically organised society. 

•Thirdly, law is used to mean all official control in a politically organised society. 

Definitions of Law :

Blackstone, "Law, in its most general and comprehensive sense, signifies a rule of action whether animate or inanimate, rational or irrational." 

Montesquieu, "Laws, in the most extended signification, are the necessary relations which flow from the nature of things; and in this sense all beings have their laws; divinity has her laws; the material world has her laws; intelligence superior to human. beings have their laws; beasts have their laws; human beings have their laws."

Salmond, the law may be defined as "the body of the principles recognised and applied by the State in the administration of justice." 

Gray, "The law of the State or of any organised body of men is composed of the rules which the courts, that is, the judicial organ of the body lays down for the determination of legal rights and duties." 

Austin, "A law is a command which obliges a person or persons to a course of conduct." He further says, "law is the aggregate of rules set by men as politically superior, or sovereign to men as politically subject." 

John Erskine, "Law is the command of a sovereign, containing a common rule of life for his subjects and obliging them to obedience." 

Holland, "a general rule of external human cognizance only of external acts enforced by a determinate authority, which authority is human, and among thonian authority, is that which is paramount is a political society." 

Savigny, "Law is the rule whereby the invisible borderline is fixed within which the being and activity of each individual obtains a secure and free space." He further says, "Law (Recht) is begotten in the people (volk) by a popular spirit (volksgeist)." 

Ihering, law is "the form of the guarantee of the conditions of life of society, assured by state's power of constrain." 

Pound, law is "the body of principles recognised or enforced by public and regular tribunals in the administration of justice."

Holmes J.,"the prophesies of what the Courts will do, in fact, and nothing more pretentious, are what I mean by law."

Characteristics of Law

(1) The most dominating feature of law is its uniformity.

(2) The law should conform to the principles of justice. 

(3) Law consists largely of 'ought' (normative) propositions prescribing how people ought to behave but not control their inner thoughts and motives. 

(4) The law has the important characteristics of impartiality.

(5) Another valuable character of law is its capability in procuring remedies in cases of infringement. 

(6) Law is territorial in nature.

(7) Law is universal in the sense that no individual or group of individuals is exempted from law snd it is present everywhere in the world in one form or other. 

(8) Law is definite.

(9) The law is precise. 

(10) The main aim of law is to ensure social order for the general good of mankind. 

(11) Law should be dynamic and not static.

(12) Laws confer enjoyment of powers or rights.

DISCLAIMER-

The person behind is a law learner and loves sharing her leaning with all. The purpose is to enlighten nation with general legal knowledge.The gist of this article is full from innumerable sources for edifying purpose.