What is the Legal Definition of Law? The question is well placed by scholars ‘What is Law’ has perplexed legal philosophers over the centuries. The term has not succeeded at exploiting any specifically restricted and technical which means that’s universally acceptable for all times. What is the Legal Definition of Law
Writers have begun to question the knowledge of spilling such a lot of ink and intense such a lot time, and energy on arid definition exercise that is of no conceivable utility to the judges, legal practitioners or anyone involved with the lifetime of the law. What is the Legal Definition of Law
On balance “Law isn’t a brooding state within the sky however a versatile instrument of social order”. It can’t be unmarried from the political, economic and social experiences within the life within the society, which it’s meant to serve.
On the alternative hand, alternative philosophers have contended that a brief definition of the topic underneath discussion is of the essence. It seeks to clarify from the get-go the foremost basic of all legal ideas – the construct of law itself. Early legal philosophers and legal writers apprehend very little of Africa and didn’t have continent in their contemplation once they wrote.
What is the Legal Definition of Law
Yet, Africa, it’s claimed, is that the cradle of humanity from wherever homo unfolds to alternative elements of the globe or from wherever numerous skills that enabled alternative hominids to evolve in their flip was subtle. It’s necessary.
What is Law?
What is the Meaning of Law by our Various Scholars and Legal Philosophers?
The word ‘law’ implies in Latin: the command of him who is endowed sovereign power. It’s been outlined or delineated in varied ways that however solely some are going to be mentioned here:
Law has been outlined by the assorted scholars as follows:
(a) “A set of rules governing human activities and relations”.
This definition seems extraordinarily wide, accommodating rules of each game, of clubs, even of gangs of thieves.
(b) “A rule of action prescribed or determined by some superior that some inferior is sure to obey” and is applied indiscriminately to
all kinds of actions, whether or not animate or inanimate, rational or
irrational (Blackstone), or
(c) A command set either directly or circuitously by a sovereign
individual or body to members of some freelance political society within which his authority is supreme (John Austin)
Note these observations:
Blackstone & Austin’s definitions appear to be silent on omission
or inaction. Description of Law as a rule of action is wide enough to cover Rules of a father to his son, or rules of a husband to his significant other that aren’t any law.
(d) A body of principles recognized and applied by the state within the
administration of justice (Salmond).
Does the State not apply ethical principles, that don’t answer the descriptions of law?
(e) Rules, that the Courts can follow, the prophecies of what the
courts can do, in fact, and zilch a lot of pretentious (Oliver
Wendell Home). this can be a classic egg and therefore the chick case.
(f) Rules that the Courts – the Judicial Organs of that body – lay
down for the determination of legal rights and duties (John
Chipman Gray). In different words, the law suggests that the principles of Court.
(g) Associate aggregation of legislation and accepted legal principles and therefore the body of authoritative teams of judicial and body actions.
This is a lot of an outline than a definition.
(h) A general body of such rules of conduct expressing the desire of the
ruling class as area unit established by legislation and such customs
and rules of community life as area unit sanctioned by the government;
the application of that body of rules is secured by the powerful
a force of the state for the protection, consolation, and development of the social relations and therefore the public order, useful and fascinating for the upper crust (Vyshinsky: Soviet Civil Law).
(i) A general body of such rules of human conduct established or
sanctioned by the govt power, the execution of that rule is secured by the powerful power of the state (V. Gsovski:
Soviet Textbook of Civil Law)
Admittedly, Law may be a complicated word with multiple that means and none of the meanings enjoys a universal acceptance. Probably, definitional discrepancies could are historical, ideologic, social or cultural or mere battle between words and meanings. It seems that issues of language could ne’er be solved. New words keep crawling into usage and older ones acquire new that means. Since the final elections, 1979 (not earlier), what’s a common fraction of 19 states has agitated and still can agitate several Nigerians for a time however it currently settled a law
You should be familiar with the notion of law in (several or in numerous) countries and be ready to outline ‘law’ in several ways that, and discuss the deserves and demerits of each of them moreover as justify their selection.
Features or Attributes of Law in the Society
(a) Body of Norms
A norm may be a model or a regular accepted (voluntarily or involuntarily) by the society or different giant cluster against that society judges somebody or one thing.
It refers to the particular or set normal determined by the everyday or most frequent behaviour of a bunch. Associate example of a norm is that the normal for right and wrong behaviour.
The Imperative theorists believe that law consists of the final commands issued by a rustic or different political community to its subjects and implemented by courts with the sanction of physical force. They contend that if there have been rules predating or freelance of the country, those rules may closely match law or perhaps substitute for it, however, they’re not law.
Sanction springs from a Latin word ‘sanction’ that mean, “to ordain, ensure or forbid underneath penalty”. it’s a penalty or powerful live that results from failure to befits a law, rule or order. Violation of Statute attracts physical sanction as a matter of law. The sanction for an ethical wrong is ostracism or another whereas ex-communication and hell could follow a violation of the non-secular norm.
In law, sanctions against a renegade nation could take the shape of economic or military powerful live by one or a lot of countries to force it to befit law. Honesty may be an ethical norm solely and observance of non-secular rites a spiritual norm. Courts have to use law, neither ethical nor non-secular norm. However, morality may be a validity criterion.
Besides, each Nigerian may be an ethical being blessed with a plan of what’s right or wrong, though the construct might not be accordant e.g. for psycho-social reasons. John’s capital of Texas states that each rule of law is backed by sanction however it might seem that law predates sanction. In most cases, a sanction may be a de jure approved post-conviction deprivation or some monetary system loss obligatory upon a celebration and in favour
of the casualty, by reason or in consequence of a judgment of a court of law.
It should be recognized additionally that there area unit laws while not sanctions.
Certain categories of individuals inbound scenario area units exempted from sanctions although their conduct would have attracted liability underneath traditional circumstances.