What is Law? Discuss. Definition given by various jurists?INTRODUCTION: It is easier to explain than to define it. It means that things are easy to explain than to define it. Definition is very necessary for the study of the subject, becausethe beginning and in one sense itends is also its definition. To give a definition of Law 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 conveys different meaning. And we can say that a definition which contain all the above meaning and all elements would be a good definition of law. Endlly 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 which doesn’t cover allthese elements would be an in-perfect definition.
DEFINITION OF LAW:- The word, “Law” has been taken from the ‘latin word’ which means “The body of Rules” various scholars has attempted to define this term according to their own prospective. Some of them are as under:-According to Roman Scholars:- The law is concerned with the parameters which is right or wrong, fair and unfair.ULPIAN:- The famous Roman scholars and a Juries, he definedthe term ,” Law as standard of what is just and unjust.”
According to Salmond:- The law is the body of principals recognised and applied by the state in the administration of justice.
According to Positivist Definition:- They are known as a 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 sovereign” There are three elements of law according to Austin :
a)Command )b)Duty ) = LAWc)Sanction )According to him every lawhave 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.As per Benthem:- The law is the violaion of some declarations by the political headwith utiity ensuring maximum happiness of he maximum people in the society. Benthm concept of law revolves around individual utilitarianism and its concern with the theory of pain and pleasure, which means that the purpose of Law to reduce thepain and harms and pleasure in the society.
3.According to Kelson:- The law is depsycholigically command. He is concern with those commands which purely rest upon the formal expression of law.
3. Sociological Definition: The sociological approach is not a single approach but it includes a number of thoughts, but all thesethought related to society, that iswhy heading is given them to sociological. And we shall discuss some of true definitions:-
DUGUID :- According to him the law is a set of sosme formal norms aiming an creation of soliditary in society.IHERING :- According to Ihering the Law is a form of guarantees of the conditions of life in society which are assured by the states power of constraint.
EHRLICH :- Ehrlich lays down, “that the law consists of norms coverings social life. But only theliving Law is the actual law.”
ROSCUEPOUND :- According to him Law is an instrument for balancing, conflict or completinginterest of people in the society.
REQUIREMENTS FOR LAW
The followings are some requirements for the definitions of law :-
i)Before the law there is a State.
ii)Before the State there must bea society.
iii)State & society develop a legal order to be followed.
iv)And finally law always has a purpose.
CONCLUSION:- In end we can say that law is the important and necessary partof the state and developing the human beings. Law gives rights and duties to human beings. Andlaw is the essential part of a State. Law is an instrument of social control as well as social change.
Jurisprudence Law: What is Law
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