DEFINITION OF LAW

GENERALLY, According to Lay man understanding and English Language Defination, Law can be defined as “the system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties”.

Although, there is no General accepted defination of law in it’s legal aproach, but however, we can define law according to various Scholars or Law stakeholders.

There are however various authorities that defines Law, According to John Austin’s “Law is the aggregate set of rules set by a man as politically superior, or sovereign to men, as political subjects.” Thus, this definition defines law as a set of rules to be followed by everyone,  regardless of their stature.

Hans Kelsen created the ‘pure theory of law’. Kelsen states that law is a ‘normative science’. In Kelson’s law definition, the law does not seek to describe what must occur, but rather only defines certain rules to abide by.

Friedrich Karl von Savigny gave the historical law definition. His law definition states the following theories.

1. Law is a matter of unconscious and organic growth.

2. The nature of law is not universal. Just like language, it varies with people and age.

3. Custom not only precedes legislation but it is superior to it. Law should always conform to the popular consciousness because of customs.

4. Law has its source in the common consciousness (Volkgeist) of the people.

5. The legislation is the last stage of lawmaking, and, therefore, the lawyer or the jurist is more important than the legislator.

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