DEFINITION AND FUNCTIONS OF LAW

SELOME ASHIMI (MISS)

 DEFINITION OF LAW

• The word ‘law’ implies in Latin: the command of him who is invested with sovereign
power. It has been defined or described in various ways but only a few will be
discussed here.
• Law has been defined as follows:
• (a) “A set of rules governing human activities and relations”. This definition appears
extremely wide, accommodating rules of every game, of clubs, even of gangs of
thieves.
• b) A command set either directly or indirectly by a sovereign individual or body to
members of some independent political society in which his authority is supreme
(John Austin)
• (c) A body of principles recognized and applied by the state in the administration of
justice (John Salmond).
 DEFINITION OF LAW

• (d) An aggregation of legislations and accepted legal principles and the body of
authoritative groups of judicial and administrative actions. This is more a
description than a definition.
• (e) a general body of such rules of human conduct established or sanctioned by
the government power, the execution of which rules is secured by the coercive
power of the state.
• Generally, law can be said to mean:
• 1) the rules and regulations of a particular country
• 2) the rules usually made by the legislative arm of government which order the
way persons, bodies and society should behave, and
• 3) the whole system of rules of a country.
 FUNCTIONS OF LAW

• Generally law serves many purposes in the society which includes protection of
interests, preservation of life, maintaining order, resolving disputes and establishing
standards.
• The functions of law are:
• 1) it is a code of conduct which ensures that persons, bodies and society live
orderly and peaceful lives.
• 2) It is a means of resolving and settling disputes peacefully through courts and
Alternative Dispute Resolution (ADR).
• 3) It guarantees rights, freedoms and duties.
• 4) It ensures order and peace in the society.\
• 5) It is an instrument of political, economic, social change and stability. For
example; how the Constitution provides for different offices of government and how
they are structured.
 FUNCTIONS OF LAW

• 6) Law creates law enforcement agencies, administration of justice system and

correctional facilities or institutions.
• 7) Law grants remedies and justice to those who have been wronged.
• 8) It enables individuals and bodies to express and actualize themselves. For
example; a person may write a will to dispose off his property the way and manner
he wants to.
• 9) Law prohibits self-help and jungle justice and confers on the court and other
adjudicatory bodies the duty to do justice as well as right the wrongs between
government and individuals or between individuals.
• 10) Law helps to provide social welfare for the state. We have different laws like
contract law, traffic laws, tax laws that promote social welfare of the people.