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Unit One

Unit 1 introduces the concept of law, tracing its origins and definitions across various cultures and legal schools. It emphasizes that law is a system of rules governing human behavior, essential for maintaining order and justice in society. Different schools of thought, including Natural Law, Positivist, Historical, Sociological, Socialist/Marxist, and Realist, provide diverse perspectives on the nature and function of law.

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6 views15 pages

Unit One

Unit 1 introduces the concept of law, tracing its origins and definitions across various cultures and legal schools. It emphasizes that law is a system of rules governing human behavior, essential for maintaining order and justice in society. Different schools of thought, including Natural Law, Positivist, Historical, Sociological, Socialist/Marxist, and Realist, provide diverse perspectives on the nature and function of law.

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sabinamungrati12
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Unit- One

Unit: 1 Introduction of Legal method (10 Hrs.)


1.1 Meaning and Definitions of Law
Meaning and Definitions of Law

Origin:
The English word "law" originates from Old English "lagu", meaning
"custom" or "rule". This term is thought to have been derived from the
Proto-Germanic "lagwō", which also referred to customs or rules.
• The word law is derived from the Latin word ‘Legam’ which means
‘the body of rules’.
• During the ancient times, Hindus used the word Dharma in place of
law. Earlier people used to define dharma as a person's moral and
social obligation in the society, both as an individual and as a member
of the society. The primary aim of dharma is to regulate human
behaviour in its cosmic and human context.
• In Islamic region “Hukum" can indeed be translated to "law“. It is the
Indonesian and Malay word for law, encompassing the broader
concept of legal systems and rules.
• "Hukum" is used to refer to both written and unwritten rules that
govern society and are enforced by relevant authorities.
Meaning of Law
What is law?
• Law can be defined as a definite rule of conduct and human relations.
It means a uniform rule of conduct which is applicable equally to all
the people of the state. Law prescribes and regulates general
conditions of human activity.
• In simple words, law is a definite rule of behavior which is backed by
the sovereign power of the state. It is general rule of human conduct
in society which is made and enforced by the government. Each law is
a binding and authoritative rule or value or decision. Its every
violation is punished by the state.
• In fact, to find out the exact meaning of law is difficult.
• In the words of Thurman Arnold “Obviously, law can never be
defined. In simple sense, the term ‘law’ means a set of rules made by
sovereign authority to regulate the human behavior.
• Law is essential for the regulation of society and human conduct.
• Law is the system of rules which a particular country or community
recognizes as regulating the actions of its members and which it may
enforce by the imposition of penalties.
• Law is a system of rules created and enforced through social or
governmental institutions to regulate behavior, with its precise
definition a matter of long standing debate. It has been variously
described as a science and the art of justice.
• Law is the means of rendering justice, maintaining discipline, peace
and order and providing security in the society.
• If there is no law in a society then the society will be disorder and out
of control. People will have no fear of doing wrongful and criminal
acts. Court system is an important part of law.
• A society will be like automobile without brake in the absence of law.
Law punishes the wrongdoer and a criminal and provides remedy to
the aggrieved party and a victim. Law maintains peace and order in
the society. It protects the rights and interests of the society.
• In the modern era of digitalization and globalization, law not only
encompasses the traditional legislation and legal precedents but also
regulates the emerging areas like Intellectual Property, Artificial
Intelligence, cyber crimes and online gambling.
Finally,
• law helps to ensure fairness and justice
• Law helps to protect individual rights and liberties
• Law helps to promote social order and stability.
Definitions of Law

• Law has been defined on the basis of different schools of law.


Natural Law school
• In the context of philosophy and law, natural law is a theory that
posits the existence of inherent, universal principles of morality and
justice, which are discoverable through reason and derived from the
nature of human beings and the natural world. These principles are
believed to be superior to human-made laws and serve as a
foundation for a just society.
Positivist School of Law
Bentham's contribution to positivism lies in his theory of law as the
expressed will of a sovereign and his emphasis on the importance of a
precise, morally neutral vocabulary in legal discussions. This approach,
focusing on what the law is (as opposed to what it ought to be), is a
core tenet of legal positivism. (Utilitarian theory).
John Austin, a central figure in legal positivism, defined law as a
command of the sovereign backed by a sanction. He viewed law as a
social fact, stemming from the political authority of the sovereign and
enforced through the threat of punishment for disobedience.
• Historical School of Law
Friedrich Carl von Savigny, a key figure in the historical school of law,
defined it as a system of law that evolves organically from the customs,
traditions, and collective consciousness of a people over time, rather
than being imposed or created by legislative bodies. Savigny's theory,
often associated with the concept of "Volksgeist,“( popular will of
people) emphasizes the unique spirit or character of a nation, which
shapes its legal system.
• Sociological School of Law
The sociological school of law defines law as a social phenomenon,
meaning it's intertwined with and impacts society, rather than being a
set of rules imposed upon it.
This school emphasizes studying law's practical application within
society and how it influences social interactions and institutions.
It defines law in relation to society and examines how law is really
applied in the society.
• Socialist/Marxist School of Law

According to this school of thought, “Law is an instrument of


exploitation and nomination. ” Socialist School is based on the theory
of Karl Marx.
This school believes that law is made for exploiting poor people by rich
people.
• Realist School of Law

Realist school is also considered as the left wing of sociological school.


Realist school is divided into American and Scandinavian school.
This school defines that law is what court decides.
The decision of the judge is affected by his physiological factors.

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