Introduction of Law | Meaning, and Definition of Law – gyankovandar
1.1 Background
Indeed human being is a messenger of wit, wisdom, and consciousness. Human beings, who had once lived an uncivilized life in the past, have turned to be the most powerful person in the 21st century. Law is made for and directs human beings. The relation between law and human beings is interrelated. We need to discuss, talk and explain about the law which is made based on social customs, usages, religions culture, and legislative body because all these laws made by different bodies in different situations and times have a strong effect and influence in the society. So far as, the laws made by the legislative body do have the highest importance in society. It is contemporary and has definite objectives. Nowadays, laws have been made and enforced in the country and which are based on new and different principles according to the public will and rulers’ desire and which are driven by the demand of the time. Man is a social as well as a political being. Law enforced in society has been defined according to the social and political assumptions of the time.
In fact, the law is the rule based on human behavior. The law dictates and regulates human behavior. Law has a relation to human beings and society. Law regulates manages, and moreover, makes human behavior decent, and meaningful. Law also affects the economic, social, political, cultural, and religion of any nation. For broad study about the law, then it is necessary to explain the global political system and background. There are two major systems while dealing and discussing with the law in the modern world such as democratic political system and totalitarian or autocratic political system. We find also presidential and parliamentary systems within the frame of democratic systems of the law. For example, the ruling system of America is presidential whereas in India there is a parliamentary system. Similarly, In totalitarian or autocratic ruling system, there are also different political ruling systems which are as follows:
- Military Rules
- Theocratic Rules
- Communist Rules
- Monarchial Rules
- Fascist Rules
In fact, the evolution process and the background of law are very interesting. As we know that each country has its own political system and the development process of law in its existing ruling system. The countries have their geological matrix, culture, and above all, the Interests and desire of the people residing within the certain territory of the national boundary that make them different from others. Generally, the law is enforced and made by an existing and ruling political system which contains the various disciplines of law. It is clear, that without making the comprehensive study of the law, none can comprehend the gist of the law. In short, the legal system is the outcome of the political system of the time.
1.2 Meaning and Definition of Law
Law is the rule and decree enforced by the state and state mechanism. No state can survive and run without law. There is disorder and rule of anarchy everywhere in the absence of law. Law in itself is very powerful which is mandatory to every individual whether the person is of high rank or low rank in the society. There is the universal maxim that ignorance of the law is not excusable, which means that law should be known and abided by every individual. But in practice, all people are not familiar with the law as expected. Suppose if ignorance of the law is given high prerogative, it will be very difficult to differentiate that who has known it and who has not. On this ground, nobody can go against the law and violate it by making the alibi that he/she has not known it. Therefore, every individual needs to abide by the law. In this way, in simple and clear terms, the law can refer to “A decree or a rule enforced by the state agency to maintain peace and order in the society by curbing the conduct and behavior of an individual.” The command of state and rule is obligatory and the individual who does not obey it is subject to punishment.
Many jurists and schools of thought have defined law in their own way in different times and contexts. The nature of law is strange. It can be defined from social, cultural, economic, and political perspectives. Here are some definitions are given by the experts of law:
These are some schools of law, such as natural school of law, analytical school of law, historical school of law, socialist school of law, sociological school of law, realistic school of law, and economic school of law have given and defined, the meaning of law and depicted the nature of law.
Definitions
- “Law is the aggregate of rules set by men as politically superior or sovereign to men as politically subject. Or law is the command of the sovereign.”——-Austin
- “Law is the body of principles, recognized and applied by the state in the administration of justice.”——————-Salmond
- “Law is the system of rights and obligations which the state enforces.”——-Green
- “Law is the body of principles, recognized or enforced by public and regular tribunals in the administration of justice.”—————-RoscoePound
- ”The term any kind of rule or canon whereby actions are framed in a law.”—Hooker
- “The prophecies of what the court will do in fact and nothing more pretentious are what I mean by the law.” ———JusticeHolmes
- “Law is a rule of human action and conduct sanctioned by national usage.”——Savigny
- ”Law is the finding of reality.” ——-Plato
- “Law in its most general and comprehensive sense signifies a rule of actin and is an application of the force of politically organized society, or through social pressure, backed by force, in such a society.”—–Black’s Law Dictionary, Bryan A.Garner
In a nutshell, the law is a command of the sovereign that should be followed by every individual. The person who breaks it, is subject to punishment. As per civil law, there is a liability, duty, and rights of the individuals. That is why law possesses an important position in society.
