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Understanding the Complexities of Law

Law is a complex concept that encompasses rules, theories, and practices. It is defined in various ways but definitions are incomplete. Law is a social phenomenon embedded in society that serves purposes like maintaining order and protecting rights. It regulates conduct and resolves disputes through established systems.

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0% found this document useful (0 votes)
173 views5 pages

Understanding the Complexities of Law

Law is a complex concept that encompasses rules, theories, and practices. It is defined in various ways but definitions are incomplete. Law is a social phenomenon embedded in society that serves purposes like maintaining order and protecting rights. It regulates conduct and resolves disputes through established systems.

Uploaded by

tobiibidun3
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd

.The phrase "fetching water with a basket" is often used to describe a futile or fruitless effort.

In the
context of defining law, the phrase suggests that attempting to provide a precise and all-encompassing
definition of law is an exercise in futility.

This is because law is a complex and multifaceted concept that encompasses a wide range of legal
systems, theories, and practices. It is not a monolithic concept that can be neatly defined with a single
sentence or statement. Moreover, the meaning and content of law are constantly evolving and changing
over time, as society's values, beliefs, and priorities change.

Despite these challenges, scholars and legal theorists have attempted to define law in a variety of ways.
Some have defined law as a set of rules and regulations that are enforced by a government or other
authority, while others have defined law as a set of principles and values that guide human conduct and
interaction.

While these definitions provide some insight into what law is and how it functions, they are ultimately
incomplete and limited in their scope. This is because law is not just a formal set of rules or principles,
but also a social and cultural phenomenon that is deeply embedded in the fabric of human society.

Definition of Law

The Definition of Law: – Law is a rule of conduct developed by the government or society on a certain
area. The law follows certain practices and customs to deal with crime, trade, social relations, property,
finance, and more. The law is controlled and enforced by the governing authority. Let us explore in
detail the various definitions of law by different authors.

The term law is commonly used for three things: –At first it is used to make “legal orders”. It represents
the rule of adjustments of relationship and order conduct by systematic application of force of organized
political society.

Secondly, law means the entire legal body which exists in one politically organized society.

Third, the use of law means official control of politically organized society. This gives rise to the real
administration of justice and official content to guide judicial action. Law at its narrowest or strict sense
is civil law or the law of the land.

Various Definitions of Law by Different Authors

There are broadly five definitions of Law. Let’s walk through each of them briefly: –

Idealistic Definitions of Law: – Rome and other ancient jurists defined law in its idealistic nature. Roman
Laws defined in light of Justinian’s idealistic nature.

Salmond’s Definition of Law: – According to Salmond “the law may be defined as the body of principles
recognized and applied by the state in the administration of Justice”.
Criticism by Keeton: – Salmond did not define Expression justice. Keeton states that what is believed to
be just at one time is often not considered at another time.

Criticism by Dean Roscoe Pound: – Dean Roscoe Pound has criticized Salmond’s definition that it only
applies to law and not to statute. Despite criticism, Salmond’s definition is considered as a workable
definition.

John Chipman Gray’s Definition of Law: – According to Gray, the law of the state or the law of any
organized 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.

Criticism of Gray’s Definition of Law: – Gray’s definition of law is criticized that he focused more on the
purposes and ends of the law and not on the nature of laws. Further it does not take into account the
statute law.

Positivists Definition of Law: –

Austin’s Definition of Law: – John Austin (1790-1859) An English Jurists expounded the concept of
analytical positivism, making law as a command of sovereign backed by sanction. He developed logically,
a structure of legal system in which he gave no Place to values, morality, idealism and Justice.

Criticism of Austin Definition of Law: – Austin’s definition of law is subject to criticism on grounds that he
completely ignores the fully moral and ethical aspects of law and undeniably emphasized the essential
character of the law.

Holland’s Definition of Law: – Thomas Erskine Holland, a reputed Jurist, who followed the Austin’s
concept and nature of law attempted to define law as law is a General rule of external human action
enforced by a political sovereign. Holland also measures or defines law with preference to sovereign
devoid of moral, ethical or ideal elements which are foreign to law and Jurisprudence.

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

Hans Kelsan’s Definition of Law: – According to Kelson, legal order is the hierarchy of the norms, every
norm derives its validity from the superior norm and finally there is highest norm known as grundnorm.

H.L.A. Hart: – According to Hart Law is the combination of primary rules of obligations and secondary
rules of recognition.

Definition of Historical School of Law: – The principal exponent of the Historical School is Von Savigny.
Historical Jurisprudence examines the way or enhancement of a legal system and it deals with general
principles govern the origin and development of law and also the origin and development of legal
concepts and principles found in philosophy law.

Savigin’s Definition of Law: – Savigny says that law is not the product of direct legislation but is due to
the silent growth of custom or the outcome of unformulated public or Professional opinion. He says that
law not as a body of rules set by determinate authority but as rules consist partly of social habitat and
partly of experience. He says law is found in the society, it is found in custom.

Sociological School of Law: – The sociological school commenced in the middle of nineteenth century,
according to sociological school the common field of study of the Jurist is the effect of law and society
on each other. This approach takes law as instrument of social progress.

Ihering’s Definition of Law: – Ihering defines law as the form of Guarantee of the conditions of life of
society, assured by state’s power of constrain. He says law is a means to an end and end of the law is to
serve its purpose which is social not individual.

What are the functions of law?

Jurists have expressed different views about the purpose and function of law. It is well known that law is
a dynamic concept, which keeps on changing with time and place. It must change with changes in the
society. Law, in the modern sense, is considered not as an end in itself, but is a means to an end. The
end is securing of social justice. Almost all theorists agree that law is an instrument of securing justice.

According to Holland, the function of law is to ensure the well-being of the society. Thus it is something
more than an institution for the protection of individuals’ rights.

Roscoe Pound attributed four major functions of law, namely: –

1. Maintenance of law and order in society;

2.To maintain status quo in society;

3.To ensure maximum freedom of individuals; and

4.To satisfy the basic needs of the people. He treats law as a species of social engineering.

The Realist view about the purpose and function of law is that for the pursuit of highest good of the
individuals and the state as such controlling agency.

Salmond’s opinion about the act of law seems sound and logical.The term “law” refers to a wide variety
of rules and principles. Law is an instrument that regulates the human conduct. Law means justice,
morality, reason, order and authority from the point of view of society. Law means laws, acts, rules,
regulations, orders and ordinances from the point of view of the legislature.

Law means court decisions, decrees, judgments, orders of courts and injunctions from the point of view
of judges. Therefore, law is a broad term that includes acts, laws, rules, regulations, orders, ordinances,
justice, morality, reason, righteousness, rules of court, decrees, judgment, orders of courts, injunctions,
tort, jurisprudence, legal theory, etc. Since the fall of human civilization, mankind has had some sort of
rule or that they themselves ruled in societal laws, setting the standard in which we must live if we want
to be a part of society.
Law set up rules and regulations for society so that we can have freedom, gives justice to those who
were wronged, and it set up that it protects us from our own government. Most importantly, the law
also provides a mechanism to resolve disputes arising from those duties and rights and allows the
parties to enforce the promises in court (Corley and Reid 1986 PA).

Law is a body of rules of action or authority determined by governing, and a legal binding force. Laws are
made because it helps preventing chaos from occurring within the business environment and society.

In business, the law sets out guidelines regarding employment regulatory, compliance, even inter-office
rules.

Laws fulfill many functions, but four main functions of laws are: –

Laws Protect Individual Rights and Freedoms: – The Bill at Rights was added to the US Constitution to
guarantee many important protections. These laws provide protection to individuals, from other
persons, from organizations and even from the government. The First Amendment of the Bill of Rights
prohibited government law which would interfere with a person’s right to free speech.

The Laws provide a Framework and Rules to Help Settle Disputes Between Individuals: – The laws create
a system where individuals can bring their dispute to an impartial tactic, such as a judge or jury. There is
also ore legal option where individuals work together to find a solution, such as by using alternative
dispute resolution (ADR). There are courts at every level, stranded from local to federal. To decide who
should win in a dispute.

Without Law there will be no way to Set the Standard: – It is fairly easy to see why murder and theft are
crimes, but laws also provide a framework for setting other types of standards. Without the Federal
Code of Regulation, it would be difficult for individuals or businesses to conduct transactions using
banks.

In conclusion, while attempting to define law may be a difficult and complex task, it is not necessarily a
futile one. Rather than seeking a single, all-encompassing definition of law, it may be more productive to
view law as a dynamic and evolving concept that is shaped by social, cultural, and historical factors.

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