Law is a set of rules that are created by a government or a person to regulate the way people act in society. It creates rights and duties that protect the people’s property, freedom and well-being.
The main goal of creating laws is to promote and maintain peaceful existence in a society, uphold the principles of justice and ensure that all individuals are treated fairly. These rules are enforced by a government authority.
Definitions of Law:
Different jurists define law differently. The term “law” is a broad concept and it could refer to several types of rules that are created by governments. It includes federal law, provincial law, local law and modern state law.
Hans Kelsen explains that law is a normative science. The law does not define what must happen, but it sets certain rules that must be followed.
According to the socialistic school of law, law is a system of regulations made by law-making authority for the proper regulation of human behavior. It is a form of coercion by which a governing authority or state has the power to control and punish individuals who violate the rules.
John Austin’s Definition:
Law is the aggregate of rules set by a man as politically superior, or sovereign to men, as political subjects.
Law is a system of Guarantee of the conditions of life of the society, assured by the state’s power of constrain. It is a social institution to satisfy the social wants, which it cannot satisfy by itself.
Law consists of “ought” (normative) propositions prescribing how people ought to behave, which are variously dictated by social, moral, economic, political and other purposes.
It is also considered as an instrument of history and social engineering because it is used to balance the conflicting pulls of political philosophy, economic interests and ethical values.
Sociological School of Law:
A sociological school of law began in the middle of the nineteenth century and focuses on the effect of law on society. The school combines theory with empirical research and takes law as an instrumental tool of social progress.
A realist definition of law is based on the idea that the laws are not necessarily determined by legislative action but are born from the silent growth of custom. The theories of the realist school have been derived from various sources, including the study of language, culture and tradition.
Dean Roscoe Pound’s Definition:
Dean Roscoe Pound studied the term law and he concluded that it is a social institution that is used to satisfy social wants. He also said that law is a social engineering and an instrument to balance the competing or conflicting interests of society against a background of history, tradition and legal technique.
The theories of the historical law are based on the idea that laws are not necessarily determined by legislative action but they are born from the silent growth of custom. They are influenced by public opinion and Professional opinion. The theories of the historical law are derived from various sources, including the study and research of language, culture and tradition.