Introduction:-Law in its most general and comprehensive sense means any rule of action and includes any standard or pattern to which actions are or ought to be conformed. In its judicial sense, law means a body of rules of conduct, action or behaviour of persons, made and enforced by the state. It expresses a rule of human action.
Hobbes defined law as "the commands of determinate superior that has coercive powers".
Ulpian defined law as, " the art of science of what is equitable and good".
Hooper defines law as "any kind of rule whereby actions are framed......that which reason in such sort defines to be good that it must be done".
Ihering defines law as "the sum of the conditions of social life, of society ,assured by State's power of constraint".
Salmond defined law " as the body of principles recognized and applied by the State for the administration of Justice". The object of law is to achieve justice.
According to Blackstone, "Law in its most general and comprehensive sense signifies a rule of action and is applied indiscriminately to all kinds of actions whether animate or inanimate, rational or irrational. Thus there is law of gravitation, of optics, of mechanics, as well as the laws of nature and of nation." The term 'Law' in this sense it applied to observe uniformity of actions.
Hobbes defined law as "the commands of determinate superior that has coercive powers".
Ulpian defined law as, " the art of science of what is equitable and good".
Hooper defines law as "any kind of rule whereby actions are framed......that which reason in such sort defines to be good that it must be done".
Ihering defines law as "the sum of the conditions of social life, of society ,assured by State's power of constraint".
Salmond defined law " as the body of principles recognized and applied by the State for the administration of Justice". The object of law is to achieve justice.
According to Blackstone, "Law in its most general and comprehensive sense signifies a rule of action and is applied indiscriminately to all kinds of actions whether animate or inanimate, rational or irrational. Thus there is law of gravitation, of optics, of mechanics, as well as the laws of nature and of nation." The term 'Law' in this sense it applied to observe uniformity of actions.
NATURE AND FUNCTIONS OF LAW:- Law may be described as a normative science, that is, a science which Lays down norms and Standards for human behaviour in a specified situation or situation enforceable through the function of the state. What distinguishes law from other Social Sciences is its normative character. This fact along with the fact that stability and certainity of law are desirable goals and social values to be pursued, make law to be a primary concern for legal paternity.
The function of law is that of social engineering and this perception has been accepted by all the civilized countries of the world including India. The concern of law as an instrument of enhancing economic and Social Justice has widened to such an extent that there has been growth of a variety of laws touching various facets of human life.
Explaining the nature of law, Volkgeist observed that law is not Universal in nature, like language, it varies with people and ages. The concept of living law was later expounded by Ehrlich. H.L.A. Hart pleaded that law should continue to support minimum morality. According to him some shared morality is essential to the existence of any society.
The function of law is that of social engineering and this perception has been accepted by all the civilized countries of the world including India. The concern of law as an instrument of enhancing economic and Social Justice has widened to such an extent that there has been growth of a variety of laws touching various facets of human life.
Explaining the nature of law, Volkgeist observed that law is not Universal in nature, like language, it varies with people and ages. The concept of living law was later expounded by Ehrlich. H.L.A. Hart pleaded that law should continue to support minimum morality. According to him some shared morality is essential to the existence of any society.
KINDS OF LAW:-
Divine law and Human law :-
The rules of human action which we call law, may be divided into two categories viz., (i) Divine law or the law of God and, (ii)Human law or laws frame by men. Divine laws are beyond the purview of jurisprudence as they fall within the province of theology.
Human loss can further be classified into two categories. The first consists of roles and forced by the determinate authority i.e., the state and
Second category consists of rules of morality which are enforced by the indeterminate authority. Austin calls this moral laws as "positive morality". the positive signifies that they are man made and not God made. The examples of moral laws are professional etiquette or mutual respect.
Divine law and Human law :-
The rules of human action which we call law, may be divided into two categories viz., (i) Divine law or the law of God and, (ii)Human law or laws frame by men. Divine laws are beyond the purview of jurisprudence as they fall within the province of theology.
Human loss can further be classified into two categories. The first consists of roles and forced by the determinate authority i.e., the state and
Second category consists of rules of morality which are enforced by the indeterminate authority. Austin calls this moral laws as "positive morality". the positive signifies that they are man made and not God made. The examples of moral laws are professional etiquette or mutual respect.
Public and private law:-
Further human laws are divided into two categories i.e., public and private it is based upon the broad distinction between the public and private character of the persons, with whom the law is connected. The term public implies either state, or the sovereign part of it or a body or individual holding delegated Authority under the state. By a private person is meant an individual, or collection of individuals, however, large, who or each one of whom, is of course a unit of a state, but in no sense represents it, even for special purpose.
Further human laws are divided into two categories i.e., public and private it is based upon the broad distinction between the public and private character of the persons, with whom the law is connected. The term public implies either state, or the sovereign part of it or a body or individual holding delegated Authority under the state. By a private person is meant an individual, or collection of individuals, however, large, who or each one of whom, is of course a unit of a state, but in no sense represents it, even for special purpose.
SALMOND'S CLASSIFICATION OF LAWS:- Salmond has given an exhaustive classification of laws. They are as follows:-
{⚫ Note:- this could be written in exam it the question came like 'write the various kind of law?' In that case you should not mention the name of Salmond.}
1.Imperative law:- It means a rule which prescribes a General course of action imposed by some authority, which enforces it by physical force or any other forms of compulsion.
John Austin was the main exponent of imperative theory of law, which defines law as a command of the sovereign; which people are obliged to obey.
{⚫ Note:- this could be written in exam it the question came like 'write the various kind of law?' In that case you should not mention the name of Salmond.}
1.Imperative law:- It means a rule which prescribes a General course of action imposed by some authority, which enforces it by physical force or any other forms of compulsion.
John Austin was the main exponent of imperative theory of law, which defines law as a command of the sovereign; which people are obliged to obey.
2.Physical or scientific law:- Physical laws are laws of science. Which are expression of the uniformity of nature. There is perfect uniformity and regularity in these laws and this laws are not subject to change; e.g., the law of gravity, the law of magnetic force, law of air pressure, etc.
3.Natural or moral law:- It is based on the principles of right and wrong. It includes all forms of righteous action. Natural law has also been called universal law or alternate law, it is also called rational law because it is based on reason.
4.Conventional Law:- Conventional law means any rule or system of rules agreed upon by persons for the regulation of their conduct towards each other. It is a form of special law. Rules of a club or a cooperative society or any voluntary organisations are example of conventional law.
5.Customary law:- There are many custom which have been prevalent in the community from the time immemorial, even before the state came into existence. They have assumed the force of law in course of time. Thus according to Salmond any rule of action which is actually observed by men when a custom is firmly established, it is enforced by the state as law because of its general approval by the people.
6.Practical or technical:- Practical laws are rules which is for the particular spare of human activity as for example law of sanitation and health. Law of building construction and architecture are within the category of practical and Technical law.
7.International law:-
Law of nation was termed as international law by Bentham in the year 1780. It means of body of rules which regulates the relation between the different states.
Law of nation was termed as international law by Bentham in the year 1780. It means of body of rules which regulates the relation between the different states.
8.Prize law:- That portion of international law which regulate the practices of the capture of ships and cargo in war-time, as applied by courts is called prize law. It meany for administering justice between the captors of ships or cargos and the persons interested in the property seized.
9.Civil law:- the Civil law enforced by the state is called civil law. Civil law is essentially territorial in nature as it applies within the territory of the state concerned.
9.Civil law:- the Civil law enforced by the state is called civil law. Civil law is essentially territorial in nature as it applies within the territory of the state concerned.
Conclusion:- From the above discussion at conclusion we can say that law is the body of rules which regulates the conduct of men in society and which is enforced by the State. As mentioned above there are various forms of law, Its extent of operation has to be restricted to some extent for ensuring certainity and stability in legal system.
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