FACULTY OF JURIDICAL SCIENCES

COURSE: LL.B. I st Semester

TOPIC: NATURE AND DEFINITION OF LAW

1. Introduction-

The term “Law’ denotes different kinds of rules and Principles. Law is an
instrument which regulates human conduct/behaviour. Law means Justice,
Morality, Reason, Order, and Righteous from the view point of the society. Law
means Statutes, Acts, Rules, Regulations, Orders, and Ordinances from point of
view of legislature. Law means Rules of court, Decrees, Judgment, Orders of
courts, and Injunctions from the point of view of Judges. Therefore, Law is a
broader term which includes Acts, Statutes, Rules, Regulations, Orders,
Ordinances, Justice, Morality, Reason, Righteous, Rules of court, Decrees,
Judgment, Orders of courts, Injunctions, Tort, Jurisprudence, Legal theory, etc.

2. Meaning of Law-
In old English “Lagu” i.e. law, ordinance, rule, regulation from old norse “lagu” law
collective Plural of “Lag” is layer, measure, stroke ‘Literally’ something laid down of
fixed. The term law has different meanings in different Places/societies at different
times (as it is subject to amendments). In Hindu religion law implies “Dharma” in
Muhammadean religion (Islam) it is “Hokum” in Roman its “Jus”, in French, its
“Droit” in Arabic, Alqanoon, in Persian and Turkish, its Kunoon, in Latin its “Legam”
in Philipino its “Batas” in Albanian language its “Ligj” in Czech its “Zakon” in
Danish its “Lor” in Dutch its “Wet” in Italian its “Legge” and in Lithuanian its “Teise”
and so on. It varies from place to place in the sense adultery is an offence in India
(under section 497 of the Indian penal code, 1860) while it is no offence in
America. Law differs from religion to religion in the sense personal laws viz. Hindu
 law, Muslim law etc. differ from one another. For instance, A Muslim can have four
wives living at a time, but, a Hindu can have only one wife living at a time
(Monogamy). If a Hindu male marries again during the life time of first wife he is
declared guilty of the offence of bigamy and is Punishable under sec. 494, The
law is subject to change with the change in society.

Generally, the term law is used to mean three things:

3. Definitions of law-

It is very difficult to define the term law. Many Jurists attempted to define the term
law. For the Purpose of clarity, some of the definitions given by Jurists in different
Periods are categorized as follows.
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.

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.”
Nature of law
What is the nature of law? This question has occupied center stage Jurisprudence
and philosophy of law in the modern era, and has been the central occupation of
contemporary analytic Jurisprudence. This entry in the legal theory Lexicon aims
to give an overview of the “what is law” debate. Historically, the answer to the
question, “what is Law” is thought to have two competing answers. The classical
answer is provided by natural law theory, which is frequently characterized as
asserting that there is an essential relationship between law and morality and
Justice.
The modern answer is provided by legal positivism, which as developed by John
Austin, asserted that law is the command of the sovereign backed by the threat of
punishment. Contemporary debates over the nature of law focus on a revised set
of positions legal positivism is represented by Analytical legal positivists, like H.L.A
Hart Joseph raza and Jules Coleman.

The natural law tradition is defined by John Punis and a new position,
interpretivism is represented by the work of the late Ronald Dworkin.

In some ways, the title of this lexicon entry is misleading because of focus on the
“what is law” question as it has been approached by contemporary legal
philosophers. There are other important perspectives on the nature of law that
focus on law’s functions rather than the meaning of the concept for criteria of legal
validity.

Functions of law

Ever since the down of Human civilization, mankind has had some sort of rule or
that they used to Govern itself in society laws set the standard in which we should
live in if we want to be part of society. Law set up rules and regulations for society
so that we can 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 parties to enforce promises in a court of law.

According to Corley and Reed (1986) law is a body of rules of action or conduct
Prescribed by controlling authority, and having legal binding forces. Laws are
created because it helps prevent chaos from happening within the business
environment and as well as society.

Exercise:

1. The word ‘Tort’ has been derived from the latin word:
a) Tortum
b) Tortus
c) Torts
d) None of these
2. “Tort is civil wrong for which the remedy is a common law action for unliquidated
damages, and which is not exclusively the breach of a contract or the breach of a
trust or the other merely equitable obligation”. This definition of ‘tort’ is given by
a) Winfield
b) Salmond
c) Pollack
d) Clerk and Lindsell
3. “The law of torts in civil wrongs is a collective name for the rules of government
many species of liablity, which, although their subject matter is wide and varied
have certain broad features in common, are enforced by the same kind of legal
process and are subject to similar exceptions”. This statement was given by
a) Salmond
b) Winfield
c) Pollack
d) S.P Singh
4. “Tortious liablities arises from the breach of a duty primarily fixed by the law: this
duty is towards persons generally and its breach is redressible by an action for
unliqidated damages”.
a) Salmond
b) Winfield
c) Pollack
d) Clerk and Lindsell
5. The essential characteristic of a tort is, violation of
a) Right in personam ( a right available only against some determinate person or
property).
b) a contractual right
c) right in rem ( a right vested in some determinate person and available against
the world at large).
d) None of the above.