The concept of law is one of the most important foundations of civilized society. However, it is also one of the most difficult to define. The main reason is that law changes with society, time, and circumstances. Different scholars, jurists, and philosophers have given different meanings to law, depending on their approach. Therefore, there is no single universal definition of law.
H.L.A. Hart rightly observed that law is so diverse and connected to human life that it cannot be given one definite definition. Since law deals with human conduct and society, it evolves with changing needs and values.
Major Definitions of Law
1. Montesquieu – He divided law into three types:
-Divine Law (will of God),
-Physical Law (order of nature like motion, gravity),
-Human Law (ethical rules and legal rules).
2. Blackstone – Law is a complete set of rules of action, which includes not only civil law but also natural, physical, moral, and ethical laws.
3. Holland – Law is a set of general rules of human action enforced by a political authority. Thus, law is connected with state power.
4. Hooker – Law is simply the rules and bye-laws through which human action is regulated.
5. Salmond – Law means civil law of a country, applied by courts to regulate rights and duties and ensure justice.
6. Austin – Law is the command of the sovereign. It is binding on individuals and backed by a sanction. This is known as positive law.
7. Kelsen – Law is a command imposing duties. He emphasized that law derives authority from a higher legal norm.
8. Roscoe Pound – He saw law in three senses:
-A system of social control,
-Authoritative guidance,
-All judicial and administrative functions.
9. Duguit – Law is a social fact, based on social solidarity. It is legitimate only when accepted by society, not merely by the command of a sovereign.
10. H.L.A. Hart – Law is a set of rules that impose duties and prevent wrongs. Courts and authorities enforce these rules for social order.
Common Elements in All Definitions
-Law is connected with human conduct and society.
-It regulates rights and duties.
-It is either the command of the sovereign (Austin, Kelsen) or the result of social forces (Pound, Duguit).
-It acts as an instrument of justice and ensures order in society.
-Courts play an essential role in applying and enforcing law.
Conclusion
From these definitions, we see that law has many aspects:
-It may be considered a divine or natural order (Montesquieu, Blackstone).
-It may be seen as a command of the sovereign (Austin, Kelsen).
-It may be regarded as a social product (Pound, Duguit).
-it may be understood as a system of rights, duties, and judicial decisions (Salmond, Hart).
Thus, there is no single universal definition of law. As Roscoe Pound noted, law is essentially a tool of social control and justice, which adapts with the changing needs of society.
~ Aryavart Law Hub
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