MEANING & Definition of Law

MEANING & DEFINITION
OF “LAW”
CLASS 4
INTRODUCTION
• The law and the legal system are very important in any civilization. In modern
times, no one can imagine a society without law and a legal system.
• Law is not only important for an orderly social life but also essential for the
very existence of mankind.
• Law is an instrument which regulates human conduct/behavior.
• The term “Law’ denotes different kinds of rules and Principles.
• Law means Justice, Morality, Reason, Order, and Righteous from the view
point of the society.
• Law means Statutes, Acts, Rules, Regulations, Orders, and Ordinances from
point of view of legislature.
• Law means Rules of court, Decrees, Judgment, Orders of courts, and
Injunctions from the point of view of Judges.
MEANING OF TERM LAW
• Term LAW comes from old English word “Lagu”.
• “lagu” is Plural for word “Lag” which means layer, something laid down or fixed.
• The term law has different meanings in different Places/societies and religions at different
times.
• Hindu religion law implies “Dharma”

• Muhammadean religion (Islam) it is “Hokum”
• Roman its “Jus”,
• French, its “Droit”
• Persian and Turkish, its Kunoon,
• Arabic, Alqanoon,
• Latin its “Legam”
• Italian its “Legge”
GENERAL MEANING
• In a layman’s language, law can be described as; a system of rules and
regulations which a country or society recognizes as binding on its citizens,
which the authorities may enforce, and violation of which attracts punitive action.
It is very difficult to define the term law. Many Jurists attempted to define the term
law. Jurists and legal scholars have not arrived at a unanimous definition of law.
As Society is dynamic , law can not remain static it keeps on developing with the
society.(LGBT SEC 377, Adultery)
Law has also been defined from philosophical, theological, historical, social and
realistic angles.
DEFINITIONS GIVEN BY JURISTS
• (I) Idealistic Definitions:- Romans and other ancient Jurists defined law in its idealistic nature.
(a) Salmond: - 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- Salmond did not define the expression Justice. Keeton says what has been considered to be just at
one time has frequently not been so considered at another(adultery and sec 377) Or what is just as per one
person may be unjust for another.(Trolley Car )
Further, it is criticized on the ground that Salmond’s definition applies only to lax that is applied by judges
.law not to Statute.
Gary's Definition of Law:- According to Gray, “the Law of the State or 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 is criticized on the Ground that he is not concerned
with the nature of law rather than its Purposes and Ends. Further it does not take into account the statute law
• (ii) Positivisties definition:-
(a) Austin’s definition of law” -According to Austin, a law, in the strict sense is a general command of the
sovereign individual or the sovereign body. Issued to those in subjectivity and enforced by the physical
power of the state. According to Austin “law is aggregate of rules set by men politically superior or
sovereign to men as politically subject.
(b) 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.
Criticism of Austin’s definition of law:- definitions are subjected to criticism on the ground that it ignores
completely the moral and ethical aspects of law and unduly Emphasized the imperative character of law
Hans Kelsan’s definition of Law According to Kelsan legal order is the hierarchy of the norms, every norm
derive its validity from the superior norm and finally there is highest norm known as grundnorm.
SOC I OL OG IC A L
• (a) 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.
• (b) Dean Roscoe Pound’s definition of law Pound defines law as a social institution to satisfy
social wants. He says law is a social engineering, which means that law is a instrument to
balance between the competing or conflicting interests.
• (c) Dias’s Definition of law Law consists largely of “ought” (normative) Propositions
prescribing how people ought to behave the “ought” of laws are variously dictated by social,
moral, economic, political and other purposes
Realist definition of law
It is branch of sociological school. It studies law as it is in its actual working and effects.
Holmes J. The realist considered the law to be a part of judicial process. He says, “that the
prophesies of what the courts will do, in fact and nothing more pretentions, are what I mean by
law.
According to GRAY, “law is a statement ofthe circumstances in which public force will be
brought to bear upon men through courts"

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MEANING & DEFINITION

• Hindu religion law implies “Dharma”

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