Law - Definition and meaning.

 

 In simple terms, the law is a body of rules which is made by the legislative, implemented by the executive, and interpreted by the judiciary. It is a rule enforced by an authority that governs each and every activity of human life. On tracing the origin of the term ‘law’ experts have the opinion that it is derived from the old Teutonic term ‘lag’ which means ‘something that remains uniform or fixed. Law in simple words is a set of rules and regulations, that maintain peace,  progress, security, and development in a society. It is only a way to make a civilized society. Different languages have their own terms equivalent to law. The Latin terms lex or jus or Juris, Spanish term ley, French term Droit, the Sanskrit term ‘vidhi’, and Arabi term kanoon are used for law in their respective languages. Likewise, the law is called Dharma in Hindu jurisprudence, Hukum in the Islamic system, and res in German. The term Kanoon is used in the Nepali language which is recognized as our own term, however, this term has been received by Nepali legal language from Arabi.

      The law is a rule made by the authority for the proper regulation of human behavior in a society. here, authority means the law-making body of the state. Law is an instrument of society for ensuring justice. Thus, the enforceable body of rules, that govern any society, is the law. It is the enforceable body of rules that govern society by creating rights and duties for the people. The right, liberties, and obligations of human beings are regulated through the powerful implementation of the law.

       Law is made for the betterment of people living in society. The main aim of the law is to provide justice to the victim. Law neglects the unnecessary activities which hamper society. Law has the binding force, violation of which cannot be tolerated and there is a popular saying that ‘Ignorance of the law is no excuse’.

         However, the term law cannot be explained in a sentence or in a paragraph as it contains vast and deeper space. Though various jurists or scholars have attempted to define the term law. Among them some jurist’s definition of the law has been listed below;

According to Austin,’’ law is a command of the sovereign backed up by sanctions’’.

                                               OR

Law is the aggregate of rules set by me politically superior, or sovereign, to men as politically subject.’’

According to Holland,’’ Law is a general rule of external human action enforced by a sovereign political authority.’’

According to Salmond,’’ law may be defined as the body of principles recognized and applied by the state in the administration of justice.’’

According to Roscoe Pound,’’ Law is social engineering.’’

Ulpian defines law as’’ what is equitable and good.’’

According to the Oxford dictionary,’’ Law is the whole system of rules that everyone in the country or society must obey.’’

           Definition of law according to the school of thought

1.      1. Natural law school= It believes that law arises from the divine power. It is a dictate of human reason.

2.      2. Analytical law school= It is a command enforced by the sovereign. It deals with law as it is not ought to be.

3.   3.    Historical law school= It is an outcome of a long historical development of society. it believes that law was formed not made.

4.     4.  Sociological law school= It considers law as a social phenomenon and an instrument of social progress which has its source and sanction in social needs and necessity. It believes that law is social engineering.

5.     5.  Realist law school= This school focuses more on what courts do and how philosophy guides the course. To this school, only judge-made decisions are law.

6.      6. Socialist law school= It believes that law is the means to depress the worker class by capitalism. Law is an instrument of exploitation and domination.

 

       Hence, Law can be defined as the set of rules and regulations that binds every citizen of a nation in a civilized way. It applies equally and enforces equally to all people within its limits. Thus, the law is the binding rules of conduct, which enforce justice and prescribe duty or obligation. It is derived mainly from formal enactment by a ruler or legislature, judicial decisions, or customs of the society.