What is Law?
Law is a system of rules and regulations that are designed to help maintain peace and order in society. We are people who live in a society or state. Individuals have their own individual goals and objectives. Everyone has their own thoughts and ideas, no matter what others might think. So, when different ideas are present, there is the potential for conflict. To manage these conflicts, different societies have created rules and regulations to control them. These rules and regulations are called the law.
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| What is Law? |
Law is an important part of government and society, and it helps to create a stable and functional society. If there were no laws, society would be in chaos. Similarly, law without the state is meaningless. The relationship between law and state is significant because it has a big impact on how society functions.
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What is the full meaning of Law?
Law has been derived from the Latin term "Legum" which means "The body of rules". The word is derived from the German word "lag" which means fixed/settled/ evenly.
Law is a set of rules and regulations that are designed to govern the behavior of individuals in a society or state. The meanings of laws are explained by different people in different ways. Some people called the law an act, a statute, a decree, or a judgment. Others referred to it as moral principles. Law means the rules of the court, which determine what is done in the court.
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Definition of Law by Different Authors
Law is the body of rules or set of principles recognized and imposed by the state or sovereign for the maintenance of peace, justice, equality, and balance in society.
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| Definition of Law by Different Authors |
Various authors defined law from different angles. Some have defined it based on its nature. Some definitions of eminent jurists are given below:-
- Blackston. "Law signifies a rule of action and is applied indiscriminately to all kinds of actions".
- John Salmond. "Law is the body of principles recognized and imposed by the state in the administration of justice".
- John Austin. "Law is a command of the sovereign backed by sanctions". This law is in two parts. one is a 'command of the sovereign', which means the order of a supreme authority. The second part is 'sanctions', which means punishment. If anyone disobeys orders of supreme authority he will be punished.
- Sir Thomas Aquinas. "Law is the body of rule fixed air enforced by a sovereign authority". This definition is similar to John Salmod's law definition.
- Sir Hobbes. "Law is the speech of him who by right commands somewhat to be done or committed". In simple, we can say that Law is the speech of a sovereign or a state.
- Holland. "A general rule of external humans enforced by sovereign political authority".
- Professor Green. "Law is the system of rights and obligations which the state enjoyed".
- Justice Holmes. "Law means something that the court will decide".
- Thurman Arnold. "There is no definition of Law in one or two sentences".
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What do We Mean by The Nature of Law?
- Uniformity. Everyone must be treated equally under the law. This isn't for a few people.
- Principle of Natural Justice. When the legislature makes a law, it must follow the principles of natural justice. There are two main principles of natural justice in dealing with people. The first is Audi Alteram Partem (hear the other side) is always required when there is a dispute. The second principle of natural justice is that no one can be a judge in their case. It is called a rule against Bias.
- Impartiality. The law must be impartial. This rule should apply to everyone in the same scene.
- Remedies in Case of Infringement. The law must provide remedies. In the event of an infringement, remedies may include legal action and/or a cease and desist order.
- Territorial. The law must be applied within a particular territory. Pakistani law should be applied to the people of Pakistan. In India, the Hindu marriage act should apply to Hindus who live in India. Generally, laws apply within certain geographic boundaries. Laws are made for the people living in a particular territory, and they do not apply to people who are not living there.
- Universal. Everyone should be treated equally under the law.
- Definite. The law must also be clear. The law should be precise or accurate. It is not appropriate or necessary to wage war.
- Dynamic. The law should be constantly evolving to keep up with the changing needs of society. It must be able to change. Different laws should be implemented depending on the situation. The law should be amended from time to time in response to changes in society.
- Punishment. One of the important features of the law is punishment. if anyone violates the law, he should be punished.
- Protection of Peace. Laws are being made to protect society. They serve as guidelines for social behavior and can provide stability and order in society. Once there are laws and institutions in an organization, people feel safe and secure and can live in peace.
Sources of Law
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| Sources of Law |
Custom and Usage. Customs and usage are the sources of laws. For years, we followed certain customs which the government then turned into laws. In India, siblings cannot marry each other. This is customary practice in India. The law is based on long-standing customs widely accepted by the community. If the custom is longstanding, widespread, or ancient, then it can be converted into law by the government.
Religion. Another source of law is religion. Religion provides guidelines for how people should live their lives and represent their communities. Religion also provides people with a sense of purpose and meaning in life. In the past, there was a natural law that was closely associated with religion. In ancient times, religious beliefs were used to regulate people's behavior. Many laws are created based on religious beliefs. For example, the Islamic legal system is based on the Quran. The Hindu Marriage Law was based on Hinduism.
Legislature. The present source of law is the legislature. There are three origins of government. Legislature, Executive, and Judiciary. The legislature makes a law, the Executive executes and the Judiciary implements the law. According to Salmond, "Legislation is that source of law which consist in the declaration of legal rule by the competent authority".
Precedent. Laws are made by judges. If there is no law on a particular point, the judges can decide it themselves. The judge applied their legal mind and gave the decision, and that decision becomes the legal precedent. Judicial precedent becomes law when it is accepted by the courts and is not overturned by a higher court. That judicial precedent becomes law. Holmes and Justice Gray follow this type of law.
Equity. When there is no law on a particular issue, the judge gave a decision based on what was fair, what was in the best interests of the party, or based on the principles of law. The decision makes a precedent.
Conclusion
The law is the set of enforceable rules established by the legislature. The legislature is the origin of a state. Every rule is not a law. There are few formal requirements for becoming law. One is that it should be enforceable by the government, and the second is that it should be made by the legislature.
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