FEDERAL UNIVERSITY OYE EKITI

DEPARTMENT: LAW

FACULTY: LAW

COURSE CODE: LPU 205

COURSE TITLE: NIGERIAN LEGAL SYSTEM 1

QUESTIION:
LECTURER IN CHARGE: DR. MRS N.C OLE
GROUP E PROJECT
 NAMES AND MATRICULATION NUMBER OF GROUP MEMBERS

LAW/2020/1041 FAMOROTI TOLULOPE OLUWATOBILOBA

LAW/2020/1042 FANIMI BLESSING TEMILOYE

LAW/2020/1043 GBADAMOSI IBRAHIM ATANDA

LAW/2020/1044 HAASTRUP JOSHUA ADEOLUWATEREMI

LAW/2020/1045 HYACINTH NKECHI JUDITH

LAW/2020/1046 IBIDUN OLUWATOBI OLUWADARASIMI

LAW/2020/1047 IBRAHIM ABDULLAHI ADEKILEKUN

LAW/2020/1048 JAMES OLUWASEYI ENIOLA

LAW/2020/1049 KILANKO TIMILEHIN AYOMIDE

LAW/2020/1050 KOMOLAFE OKIKIOLA OLUWAFUNSO

LAW/2019/1021 James Abigeal Oluwabukunmi
.The phrase “fetching water with a basket” is often used to describe a futile or fruitless
effort. In the context of defining law, the phrase suggests that attempting to provide a
precise and all-encompassing definition of law is an exercise in futility.

This is because law is a complex and multifaceted concept that encompasses a wide range
of legal systems, theories, and practices. It is not a monolithic concept that can be neatly
defined with a single sentence or statement. Moreover, the meaning and content of law are
constantly evolving and changing over time, as society’s values, beliefs, and priorities
change.

Despite these challenges, scholars and legal theorists have attempted to define law in a
variety of ways. Some have defined law as a set of rules and regulations that are enforced
by a government or other authority, while others have defined law as a set of principles and
values that guide human conduct and interaction.

While these definitions provide some insight into what law is and how it functions, they are
ultimately incomplete and limited in their scope. This is because law is not just a formal set
of rules or principles, but also a social and cultural phenomenon that is deeply embedded
in the fabric of human society.

Definition of Law

The Definition of Law: – Law is a rule of conduct developed by the government or society
on a certain area. The law follows certain practices and customs to deal with crime, trade,
social relations, property, finance, and more. The law is controlled and enforced by the
governing authority. Let us explore in detail the various definitions of law by different
authors.

The term law is commonly used for three things: –At first it is used to make “legal orders”.
It represents the rule of adjustments of relationship and order conduct by systematic
application of force of organized political society.

Secondly, law means the entire legal body which exists in one politically organized society.
Third, the use of law means official control of politically organized society. This gives rise
to the real administration of justice and official content to guide judicial action. Law at its
narrowest or strict sense is civil law or the law of the land.

Various Definitions of Law by Different Authors

There are broadly five definitions of Law. Let’s walk through each of them briefly: –

Idealistic Definitions of Law: – Rome and other ancient jurists defined law in its idealistic
nature. Roman Laws defined in light of Justinian’s idealistic nature.

Salmond’s Definition of Law: – According to Salmond “the law may be defined as the body
of principles recognized and applied by the state in the administration of Justice”.

Criticism by Keeton: – Salmond did not define Expression justice. Keeton states that what
is believed to be just at one time is often not considered at another time.

Criticism by Dean Roscoe Pound: – Dean Roscoe Pound has criticized Salmond’s definition
that it only applies to law and not to statute. Despite criticism, Salmond’s definition is
considered as a workable definition.

John Chipman Gray’s Definition of Law: – According to Gray, the law of the state or the
law 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 of law is criticized that he

focused more on the purposes and ends of the law and not on the nature of laws. Further it
does not take into account the statute law.

Positivists Definition of Law: –

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.

Criticism of Austin Definition of Law: – Austin’s definition of law is subject to criticism on

grounds that he completely ignores the fully moral and ethical aspects of law and
undeniably emphasized the essential character of the law.

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.
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.

Hans Kelsan’s Definition of Law: – According to Kelson, legal order is the hierarchy of the
norms, every norm derives its validity from the superior norm and finally there is highest
norm known as grundnorm.

H.L.A. Hart: – According to Hart Law is the combination of primary rules of obligations
and secondary rules of recognition.

Definition of Historical School of Law: – The principal exponent of the Historical School is
Von Savigny. Historical Jurisprudence examines the way or enhancement of a legal system
and it deals with general principles govern the origin and development of law and also the
origin

And development of legal concepts and principles found in philosophy 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.

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.

What are the functions of law?

Jurists have expressed different views about the purpose and function of law. It is well
known that law is a dynamic concept, which keeps on changing with time and place. It
must change with changes in the society. Law, in the modern sense, is considered not as an
end in itself, but is a means to an end. The end is securing of social justice. Almost all
theorists agree that law is an instrument of securing justice.

According to Holland, the function of law is to ensure the well-being of the society. Thus it
is something more than an institution for the protection of individuals’ rights.

Roscoe Pound attributed four major functions of law, namely: –

1. Maintenance of law and order in society;

2.To maintain status quo in society;

3.To ensure maximum freedom of individuals; and

4.To satisfy the basic needs of the people. He treats law as a species of social engineering.

The Realist view about the purpose and function of law is that for the pursuit of highest
good of the individuals and the state as such controlling agency.

Salmond’s opinion about the act of law seems sound and logical.The term “law” refers to a
wide variety of rules and principles. Law is an instrument that regulates the human
conduct. Law means justice, morality, reason, order and authority from the point of view
of society. Law means laws, acts, rules, regulations, orders and ordinances from the point
of view of the legislature.

Law means court decisions, decrees, judgments, orders of courts and injunctions from the
point of view of judges. Therefore, law is a broad term that includes acts, laws, rules,
regulations, orders, ordinances, justice, morality, reason, righteousness, rules of court,
decrees, judgment, orders of courts, injunctions, tort, jurisprudence, legal theory, etc. Since
the fall of human civilization, mankind has had some sort of rule or that they themselves
ruled in societal laws, setting the standard in which we must live if we want to be a part of
society.

Law set up rules and regulations for society so that we can have freedom, gives justice to
those who were wronged, and it set up that it protects us from our own government. Most
importantly, the law also provides a mechanism to resolve disputes arising from those
duties and rights and allows the parties to enforce the promises in court (Corley and Reid
1986 PA).

Law is a body of rules of action or authority determined by governing, and a legal binding
force. Laws are made because it helps preventing chaos from occurring within the business
environment and society.

In business, the law sets out guidelines regarding employment regulatory, compliance, even
inter-office rules.

Laws fulfill many functions, but four main functions of laws are: –

Laws Protect Individual Rights and Freedoms: – The Bill at Rights was added to the US
Constitution to guarantee many important protections. These laws provide protection to
individuals, from other persons, from organizations and even from the government. The
First Amendment of the Bill of Rights prohibited government law which would interfere
with a person’s right to free speech.
The Laws provide a Framework and Rules to Help Settle Disputes Between Individuals: –
The laws create a system where individuals can bring their dispute to an impartial tactic,
such as a judge or jury. There is also ore legal option where individuals work together to
find a solution, such as by using alternative dispute resolution (ADR). There are courts at
every level, stranded from local to federal. To decide who should win in a dispute.

Without Law there will be no way to Set the Standard: – It is fairly easy to see why murder
and theft are crimes, but laws also provide a framework for setting other types of
standards. Without the Federal Code of Regulation, it would be difficult for individuals or
businesses to conduct transactions using banks.

In conclusion, while attempting to define law may be a difficult and complex task, it is not
necessarily a futile one. Rather than seeking a single, all-encompassing definition of law, it
may be more productive to view law as a dynamic and evolving concept that is shaped by
social, cultural, and historical factors.