DEFINITION OF LAW BY VARIOUS JURISTS :

Definition of law is a rule of conduct developed by the government

or society over a certain territory. Law follows certain practices and
customs in order to deal with crime, business, social relationships,
property, finance, etc. The Law is controlled and enforced by the
controlling authority.
i.Idealistic Definitions:- Romans and other ancient Jurists defined law in its
idealistic nature. Roman Justinian’s defined law in the light of its idealistic
nature.

(a) Salmond: - According to salmond “the law may be defined as the body of
principles recognized and applied by the state in the administration of
Justice.
(b) Criticism of Salmond’s definition of law:- Salmond did not define the
expression Justice. Keeton says what has been considered to be just at one
time has frequently not been so considered at another.
(c) Criticism by Dean Roscoe Pound: - Dean Roscoe Pound has criticized the
definition of Salmond as reducing law to a mass of isolated decisions and
the law in that sense to be an organic whole. Further, it is criticized on the
ground that Salmond’s definition applies only to lax law not to Statute.
Despite criticism, Salmond’s definition is considered as the workable
definition.

(b) John chipman Gray’s Definition of Law:- According to Gray, “the Law of the
State or of any organized body of men is composed of the rules which the
courts, that is the judicial organ of the body lays down for the determination of
legal rights and duties.

Criticism of Gray’s definition of law:- Gray’s definition is criticized on the

Ground that he is not concerned with the nature of law rather than its
Purposes and Ends. Further it does not take into account the statute law.

(ii) Positivities definition:-

(a) Austin’s definition of law” John Austin (1790-1859) An English Jurists

expounded the concept of analytical positivism, making law as a command of
sovereign backed by sanction. He developed logically, a structure of legal
system in which he gave no Place to values, morality, idealism and Justice.
According to Austin, a law, in the strict sense is a general command of the
sovereign individual or the sovereign body. Issued to those in subjectivity and
enforced by the physical power of the state. According to Austin “law is
aggregate of rules set by men politically superior or sovereign to men as
politically subject.” Austin says, “A law is command which obliges a person or
persons to a course of conduct. Criticism of Austin’s definition of law:- Austin’s
definition of law is subjected to criticism on the ground that it ignores
completely the moral and ethical aspects of law and unduly Emphasized the
imperative character of law.

(b) Holland’s definition of law Thomas Erskine Holland, a reputed Jurist, who
followed the Austin’s concept and nature of law attempted to define law as
law is a General rule of external human action enforced by a political
sovereign. Holland also measures or defines law with preference to sovereign
devoid of moral, ethical or ideal elements which are foreign to law and
Jurisprudence. (c) John Erskine definition of law Law is the command of a
sovereign, containing a common rule of life for his subjects and obliging them
to obedience.

(c) Hans Kelsan’s definition of Law According to Kelsan legal order is the
hierarchy of the norms, every norm derive its validity from the superior norm
and finally there is highest norm known as grundnorm.

(d) H.L.A.Hart According to Hart Law is the combination of primary rules of

obligations and secondary rules of recognition.

(e) Bentham
He defined law as:
Law is an assemblage of signs declarative of a volition conceived or adopted by
the sovereign in a state, concerning the conduct to be observed in a certain
case by a certain person or class of persons, who in the case in question are or
are supposed to be subject to his power.

Bentham supported the economic principle of 'laissez faire' which meant

interference of the State in the economic activities of individuals.
· Bentham propounded the principle of utilitarianism. According to this theory,
the right aim of legislation is the carrying out of the principle utility. Bentham
defined utility as the property or tendency of a thing to prevent some evil or
procure some good. According to him, the consequences of good and evil are
respectively 'pleasure and pain'.

Merits
His constructive thinking and zeal for legal reform heralded a new era of legal
reforms in England
He gave new directions for law making and legal research.
In the field of jurisprudence, his definition of law and analysis of legal terms
inspired many jurists
who improved upon it and laid down the foundations of new schools.
He gave solutions to problems involving the nature of positive law

Demerits

According to Friedmann, it suffers from two weaknesses:

At first, in an effort to blend materialism with idealism; Bentham
underestimates the need for individual discretion and flexibility in the
application of law overestimating the power of legislator. Secondly, this theory
fails to balance individual interests with the interests of the community
The theory is too abstract.
It fails to recognize complexities of human nature.
No practical application possible for his theory.
Pain and pleasure alone cannot be tested to judge the law.

Definition of Historical school of Law

The chief exponent of the Historical school is Von Savigny. Historical

Jurisprudence examines the manner or growth of a legal system. It deals with
general principles governing the origin and development of law and also the
origin and development of legal conceptions and principles found in the
Philosophy of law.

Savigin’s definition of law:- Savigny says that law is not the product of direct
legislation but is due to the silent growth of custom or the outcome of
unformulated public or Professional opinion. He says that law not as a body of
rules set by determinate authority but as rules consist partly of social habitat
and partly of experience. He says law is found in the society, it is found in
custom.

Sociological school of law

The sociological school commenced in the middle of nineteenth century,

According to sociological school the common field of study of the Jurist is the
effect of law and society on each other. This approach takes law as instrument
of social progress.

(a) Ihering’s Definition of law Ihering defines law as ‘the form of Guarantee of
the conditions of life of society, assured by state’s power of constrain. He says
law is a means to an end and end of the law is to serve its purpose which is
social not individual.

(b) Dean Roscoe Pound’s definition of law Pound defines law as a social
institution to satisfy social wants. He says law is a social engineering, which
means that law is a instrument to balance between the competing or
conflicting interests.

Demerits:
Classification of interest is not useful. Since the social interests always change
withthe society and to put them into specific order then they will lose their
character and importance.
This word social engineering is used to indicate the problem that law faces, the
objectives that have to be fulfill and the method which it will adopt for the
purpose of interest.
No ideal scale of values with reference to interest.
By the word' engineering' no balance has been made between social needs
and interests. Only this theory simply recognizes or approves it.
The theory ignores the fact that law evolves and develops in the society
according to social needs and wants.
The dynamic feature of law is undermined in this theory
The conflict between social and individual interests is not considered by him.
Prof. Allen criticized him for focusing on wants and desires to fulfill material
welfare which might be harmful to personal freedom.

Merits
Has focused on practical implication of law and role of jurists in building a
welfare state.
Considers working of law rather than its abstract concept.
Regard law as a social institution which may be improved by human effort and
to discover and effect such improvement.
Lay stress upon the social ends of law rather than sanctions.
This theory says that legal precepts be used as guides to socially desirable
results.
His idea of functional law led to the creation of functional school
His theories gave the most influential exposition of the American sociological
viewpoint.

(c) Dias’s Definition of law Law consists largely of “ought” (normative)

Propositions prescribing how people ought to behave the “ought” of laws are
variously dictated by social, moral, economic, political and other purposes

(IV) Realist definition of law It is branch of sociological school. It studies law as

it is in its actual working and effects. It has been summed up by its exponent
professor K. Llewellyn as “ferment” According to Georges Guroitch the neo-
realistic school represents a violent reaction against the dominantly theological
and moralizing orientation of “sociological Jurisprudence” Holmes J. The realist
considered the law to be a part of judicial process. He says, “that the
prophesies of what the courts will do, in fact and nothing more pretentions,
are what I mean by law.

PURPOSE AND OBJECTIVE OF LAW: Through

law, the information is passed regarding the system to the
citizens of the country in several ways. It is reflected also in
various branches of law. For instance, contract law quotes that
the agreements are supposed to exchange services, goods, or
something which is of value in the eyes of law. Therefore, it
involves everything i.e. from purchasing a ticket to the trading
plans in the market.
In furtherance to that, property law explains the rights and duties
of each individual towards the property. This may involve real
estate along with their respective possessions. Additionally, it
involves intangible property like stock shares and bank accounts.
Several offences against state, federal, or any local community
appeared as to be a subject matter of criminal law.

Henceforth, it gives the government a significant system in which

offenders can be punished. There are numerous kinds of purposes
which are served by law. Out of many, there are four main which
is as follows:

1. Maintaining Order:

The law is said to be an offshoot for the establishment of the

standards. The resembling nature is necessary for a civilized kind
of society. Thus, a similar thing is reflected upon the law. Further,
the law when being enforced provides a diligent consistency with
the guidelines of the society. In addition to that, wildlife
management laws were passed in lieu of the game to be
conserved and so that it gets protected for future generations in
the years to come.

2. Establishing Standards:

The law is a manner in which it shows a way to the minimum

accepted behaviour in society. There are few activities which are
a crime for the society to determine whether it will tolerate
behaviours that may damage or injure the person or their
respective properties. For instance, it is a crime to injure an
individual without the justification factor being met. Therefore,
committing the same can lead to the constitution of the crime i.e.
assault.

3. Resolving Disputes:

Disputes are not supposed to be ignored in a society at large that

consists of people with several kinds of wants, needs, values, etc.
Additionally, the law gives a formal means to resolve the disputes
which are under the court system.
4. Protecting Liberties and Rights:

The constitutions and the statutes of India give various rights and
liberties in their states. In addition to that, one of the functions of
law is to protect numerous rights and liberties from unreasonable
kind of violations or intrusions by organizations, persons or
government. Henceforth, if an individual believes that the
freedom of speech has been forbidden by the government then
the respective individual can pursue the remedy through the
platform of bringing the case in the courts.

FUNCTIONS OF LAW: The idea of the elements of law is

critical. It is expected to clarify the idea of law, to clarify
disciplines related to law, to effectively decipher and apply law, to
pinpoint the cooperation of law with accepted practices and
establishments, to figure out which general standards to which
the law ought to adjust or go amiss, and to clarify the law inside
the setting of regularizing reasoning. This part plans to add to the
elaboration of the thorough contemplated plan of the elements of
the law. In it, the inquiries of the social elements of law are
recognized from the topic of grouping lawful standards into
particular standardizing types.

The four essential elements of law – forestalling unfortunate

conduct and making sure about attractive conduct which is acted
in criminal law and torts; giving offices to private courses of
action between people, which is found in private law, criminal,
and tort law; arrangements of administrations and the
redistribution of merchandise found in legitimate frameworks;
and settling unregulated questions found in courts and councils –
are talked about in the section. It likewise handles the auxiliary
and aberrant elements of the law. The auxiliary elements of the
law incorporate the assurance of methods for changing the law
and the guideline of the activity of law-applying organs.

Salmond’s supposition with respect to the capacity of law gives

off an impression of being sound and coherent. The expression
“law’ indicates various types of rules and standards. Law is an
instrument that manages human direct/conduct. Law implies
Justice, Morality, Reason, Order, and Righteousness from the
view purpose of the general public. Law implies Statutes, Acts,
Rules, Regulations, Orders, and Ordinances from the perspective
of the council.

Law implies Rules of court, Decrees, Judgments, Orders of courts,

and Injunctions from the perspective of Judges. In this manner,
Law is a more extensive term which incorporates Acts, Statutes,
Rules, Regulations, Orders, Ordinances, Justice, Morality, Reason,
Righteous, Rules of court, Decrees, Judgment, Orders of courts,
Injunctions, Tort, Jurisprudence, Legal hypothesis, and so on.
Since the time the down of human development, humankind has
had a type of decide or that they used to govern itself in the
public arena laws set the standard wherein we should live in the
event that we need to be a piece of society.

Law set up rules and guidelines for society with the goal that we
can opportunity, offers Justice to the individuals who were
wronged, and it set up that it shields us from our own
government. In particular, the law likewise gives a system to
determine debates emerging from those obligations and rights
and permits gatherings to uphold guarantees in a courtroom. As
indicated by Corley and Reed (1986), the law is a group of rules
of the activity or direct prescribed by controlling position and
having lawful restricting powers. Laws are made on the grounds
that it keeps bedlam from occurring inside the business condition
and just as society. In business, the law sets rules with respect to
work administrative, consistency, even official guidelines.

CONCLUSION

In a civil society, law is required to maintain order and to establish what

personal behavior and business practices are right or wrong based on a
society’s values and circumstances. For example, the Bill of Rights,
which constitutes the first 10 amendments to the Constitution,
guarantees a number of individual rights and liberties including freedom
of speech, freedom of the press and freedom of religion. Businesses are
held accountable for a range of employee actions; the Department of
Labor alone administers 180 federal laws.
As citizens, we also have an obligation to comply with laws and
expectations regarding the development and enforcement of those
laws—points we’ll expand on in the next section. Law is also, somewhat
paradoxically, a requirement for freedom. To quote former President
Ronald Reagan: “Law and freedom must be indivisible partners. For
without law, there can be no freedom, only chaos and disorder; and
without freedom, law is but a cynical veneer for injustice and
oppression.” Former Supreme Court Associate Justice Benjamin
Cardozo’s statement is an apt summary: “the final cause of law is the
welfare of society.”