What do you mean by law? What is the nature of law? Explain in detail.
Law is a set of rules that govern human behavior and are enforced by the state.
Law is in fact a social inevitability.
It is found in various societies.
Even primitive and undeveloped society have a law.
Through various institutions, the State exercises the control over the society.
Normally the true law includes all rules and regulations, directions and orders of established authority.
It is not possible to violate them and those who violate them are liable to face consequences.
Maciver and Pages have defined law in the following words-
“Law is body of the rules which are recognized,
interpreted and applied to a particular situations by the courts of State.
It drives from various sources including customs
but it becomes law without the State, which
means, the courts are prepared to enforce them.
Law is a rule binding on the citizens and residents within its jurisdiction. “
Hobel has defined law as follows-
“The law is a social norm that sanctions infractions in threat or in fact.”
application of physical force by a party possessing
the socially recognized privilege of so acting.”
Max Weber has defined law as given below-
Law is an order, the validity of which is guaranteed by
The staff will meet the probability that deviation will face physical or psychic sanction.
Especially empowered to carry out these functions.
This staff must have power and power is the probability
that in actor an impose, within a social group, his wiling even against resistance.”
Max Radien has defined law as quoted below-
“After all law is merely a smart part of the
mechanism
of the social management, closely
connected with the mechanism of political
administration.
Not justice or good society, but
convenience of commercial practice,
appeasement
of individual quarrels and increase of
goodwill among the competitors are the
purpose of law.”
Here we will describe the nature of LAW
Nature of Law
The definitions given above we get an idea
about the functions and the nature of law.
Various social thinkers have analysed the
nature of law in various ways.
Important amongst these include the
following-
(1) Analytical School and the nature of law –
According to this school, we are to analyse
the law and classify it on the basis of its
implementation.
This school does not organize the dynamic
nature of law.
Important members of this school include
Bodin, Hobbes, Rentham, Augustine.
According to these thinkers law is the
result of the definite orders of the State
and according to
The highest authority or the sovereign body
connects and frames Barker.
All authorities must not recognize other orders that emanate from
other sources as law.
(2) Historical School and the nature of law –
According to this school, law is a
thoughtful orders of the sovereign but it is
the result of the customs and traditions
prevalent in the society.
This school does not recognize State as the
source of law or the former of law but says
that its main job is to understand it and
implement it.
(3) Philosophical school and the nature of law –
Joseph Koheler is the chief exponent of
this school of thought.
According to Koheler, law is based on the
feeling of justice and it has to do with the
historical development.
According to him, law is the gift of the
culture and that is why it has a cultural
bias in
it.
It is responsible for the transmission and
diffusion of culture.
(4) Sociological School and the nature of law –
According to this school of thought, law is the gift of the
social forces should be interpreted and analysed in the
context of social conditions.
Every society has certain definite need and law develops
according to these needs.
Law, therefore, should serve as an object for meeting the social needs.
The society recognizes the laws framed to meet its needs as
rules and regulations.
State.
According to this School, the origin and
development of law does not depend upon
the State but on social needs
and social conditions .
Thinkers like Gumplowis, Crabbe, Roscbe Pound, Holemel etc.
are the main exponent of this school.
