Meaning, basic theories and essential features of law

The meaning of law

The term law has various meanings and there is no a universally recognized and accepted definition of
law some are

 law is that portion of the established habit and thought of humankind,

which has gained distinct and formal recognition in the shape of uniform rules backed by the
authority power of the government
 a rule of external human action
enforced by the sovereign political authority
 Sir. John Salmond defined law as “the body of principles recognized and applied by the state in
the administration of justice.
 l scholar Anson coined the following definition, the object of law is order, and the result of order
is that men are enabled to look a head with some sort of security as to the future. Although
human action cannot be reduced to the uniformities of nature, men have yet endeavored to
reproduce by law something approaching to this uniformity.

Theories Of Law

There are three theories of law

1. Natural law theory

2. positive law theory
3. theory of legal realism

Natural law theory;

 law is a set of rules, which are in accordance with nature and reason
 The supper natural being that created man has also created law for him
 according to this theory, every human law or man made law will be true and perfect so long as it
is in line with the law of nature and natural moral principles.
 Any human law, which does not conform to the rule of nature and natural justice, cannot be
taken as law.-

positive law theory

 law is the rule made and enforced by the sovereign body of the state and there is no
need to use reason, morality, or justice to determine the validity of law.
 has three essential features; namely,
A. its being a type of command
B. its being laid down by a political sovereign (political body i.e. the government)
C. its being enforceable by sanction.
 law is valid if it is effective