Meaning And Definition Of LAW
Law can be defined firstly - by its basis in nature, reason, religion or ethics, secondly - by its sources like customs, precedent and legislation, thirdly – by its effect on the life of the society, fourthly – by the method of its formal expression or authoritative application, fifthly – by the ends that it seeks to achieve.
Although, there is no general definition of Law which includes all the aspects of Law yet for a general understanding, some of the important definitions are as follows:
Aristotle It (perfect law) is inherent in the nature of man/woman and can be discovered through reason. It is immutable, universal and capable of growth.
Austin Austin says “Law is the command of Sovereign.” Rules laid down by political superiors to political inferiors. In other words, body of command by a sovereign member or members of an independent society wherein the author of law is supreme.
Paton According to Paton “Law consists of a body of rules which are seen to operate as binding rules in the community by means of which sufficient compliance with the rules may be secured to enable the set of rules to be seen as binding.”
A.V. Dicey In the words of A. V. Dicey, “Law is the reflection of Public opinion.”
Ihearing Ihreaing defines Law as “the form of the guarantee of the conditions of life, of society, assured by State’s power of Constraints.”
Salmond According to Salmond, “Law is body of Principles recognized and applied by the State in the Administration of Justice” i.e. principles recognized and applied by the State in the administration of justice.
Kelsen Norms of human behavior or pure theory of law which provides that Law is pyramid of norms which has its genesis from on ground norm e.g. Constitution of India.
Savigny Law is a matter of unconscious growth within the community and can only be understood in its historical perspective.
Roscoe Pound “Law is a social control through systematic application of force in a politically organised society?” An instrument to satisfy the maximum wants in a society with the minimum of friction and waste.
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