Concept of Law

Meaning and Definitions of Law

Dhanya K A
SLS Hyderabad
What is Law?
• An instrument of social control
• Set of rules prescribing the standards in a given society
• A body of rules of conduct, action or behaviour of persons made and
enforced by the state.
What do we need law?
• To regulate society
• To protect the people
• To enforce the rights and to solve conflicts
Law as Generally understood
• A large body of rules and regulations based mainly on general
principles of justice, fair play and convenience, which have been
worked out and promulgated by governmental bodies to regulate
human activities and define what is and what is not permissible
conduct in various situations.
• It is a pattern of conduct to which actions do or ought to conform.
What is jurisprudence?
• Taken from Latin word “ Jurisprudentia” which consists of two words
namely, “ juris” and “prudentia”.
• Juris means Law and Prudentia means knowledge.
• Jurisprudence means the knowledge/ science/philosophy of law and its
application.
• Purpose of jurisprudence – to study the fundamental legal principles and to
know what is law and how a legal system is functioning in a particular
country.
• Gives an understanding of the nature of law and helps in the study of the
actual rules of law and in tracing out principles underlying therein.
• It helps in making a scientific development of law in contemporary society
Meaning of Law
• An instrument which regulates human conduct
• A rule of human conduct imposed and enforced by the state.
• Consists of rules made by authority for the proper regulation of
community or society.
Meaning of Law
• Law means justice, morality, reason, order, righteousness ( from the point
of view of society)
• Law means statutes, acts, rules, regulations, orders, ordinances ( from the
point of view of legislature)
• Law means rules of court, decrees, judgements, orders of courts,
injunctions ( from the point of view of judges)
• Law means rights and remedies ( from the point of view of the decree
holders)
• Law means duties, liabilities, obligations (from the point of view of
judgement debtor)
• Law means titles, written law, judicial precedents and custom (as evidence
of Law)
Meaning of Law
• Hindu religion – Dharma
• Islamic system – Hukum
• Roman – Jus
• French - Droit
Salient features of Law
• Made in the form of Rules and Acts
• Made by the legislature and issued by the sovereign authority
• Forbid certain types of actions, which are harmful
• Prescribes penalty or punishment for breaking them
• Conform to rights and create obligations in specific relations
• To be obeyed not as optional but as obligation
• Courts interpret the laws and fix the punishments to offenders and
compensation to the victims according to the law
• Ultimate end of the law is the social and economic welfare and prosperity.
Definition of Law
Definition of Law
• Defined Law on the basis of the following
• Basis of nature
• Basis of sources
• Effect on society
• In terms of ends or purpose of Law
Definition of Law
• Blackstone
• “Rule of civil conduct prescribed by the supreme power in a state,
commanding what is right and prohibiting what is wrong.”

• Salmond
• “ the body of principles recognised and applied by the state for the
administration of justice.”
Definition of Law
• Austin
• “Law is the command of the sovereign.”
• HLA Hart
• A system of rules –primary and secondary rules, their union or combination
may justly be regarded as the essence of law.
Law as Defined by Different Schools
• Analytical School
• Sociological School
• Historical School
John Austin(Analytical/Imperative/Positive
school of Jurisprudence)
• Law is positive Law
• The aggregate of rules set by men as politically superior(sovereign) to
men as politically inferior(subject).
• A rule laid down for the guidance of an intelligent being by an
intelligent being having power over him.

• Command, Sovereign, Duty and sanction

Salmond (Analytical/Imperative/Positive
school of Jurisprudence)
• “ Body of principles recognised and applied by the state in
administration of justice.”
• Justice -> the purpose of Law
Roscoe Pound( Sociological School)
• “ Law is social Engineering.”
• Law is a social institution which works for the only end i.e satisfaction
of social wants.
• “Law is not a set of rules but is a method or technique for
harmonising conflicting social interests.”
Savigny ( Historical School of Jurisprudence)
• Law has its source in the general or common or popular
consciousness of the people( volksgeist)
• Law grows with the growth and strengthens with the strength of the
people and finally dies away as the nation loses its nationality.
Law as defined by the Indian Constitution
• Article 13(3)(a) – the term Law includes any ordinance, order, by-law,
rule, regulation, notification, custom and usage having, in the
territory of India, the force of law.