Meaning & Definition of Law

Meaning & Definition of Law

The term ‘law’ means and includes different things in different societies. The corresponding word for the term ‘law’ in Hindu system is ‘Dharma’, in Islamic system it is ‘Hukum’, in Roman it is ‘Jus’, in French it is ‘Droit’, and in German it is ’Richt’.

For the purpose of clarity and better treatment to the subject, we may classify the definitions which we propose to discuss into three broad categories:

1.   Idealistic Definition:

Under this class fall most of the ancient definitions given by Roman and other ancient Jurists.
Romans – Justinian’s Digest defines law as “the standard of what is just and unjust”. Ulpain spoke of law as “the art of science of what is equitable and good”. Cicero said that law is “the highest reason implanted in nature”. In short, “justice” as the main element of law, is the view expressed in all these definitions. Romans never confused law with justice.
Hindu view – Ancient Hindu view was that ‘law’ is the command of God and not of any political superior (sovereign). The ruler is also bound to obey it and is under a duty to enforce it. Thus, law is the part of ‘Dharma’. This being the view about the law, we find moral and religious injunctions mingled up with legal percepts. The idea of ‘justice’ is always present in Hindu Concept of law.

Modern Idealistic Definition – The above definitions were given at a time when there was no clear cut distinction between law, morals and religion. In modern times, the law, in most part, has been secularizes and it has grown into an independent branch of social science. The most popular definition of this kind is of Salmond.

2.  Positive Definitions:

Austin – According to Austin, “Law is the aggregate of rule set by men as politically superior, or sovereign, to men as politically subject”. In other words, law is the ‘command if the sovereign’. Thus, the command, duty and sanction are the three elements of law. The law which has these elements or characteristics is called “Positive Law”.
Kelsen – He too is a positivist. He defines law as the ‘depsychologized command’. Though Kelsen defines law in terms of command, he uses it in a sense quite different from Austin’s. By command, he simply means that it imposes a duty. Austin’s sovereign does not come into picture in Kelsen’s definition.

3.   Sociological Definitions:
The sociological approach is not a single approach but it includes a number of thoughts. Following are the definitions of law in terms of its relation with the society.
Duguit’s definition of law – Duguit defines law as essentially and exclusively as social fact. It is in no sense a body of rules laying down rights. The foundation of law is in the essential requirements if the community life. It can exist only when men live together. Therefore, the most important fact of social life is the interdependence of men (this Duguit calls as ‘social solidarity’).

Ihering’s definition – He defines law as the ‘form of the guarantee of the conditions of life of society, assured by State’s power of constraint’. There are three main implications of this definition: First, in this definition law is treated as only one means of social control. Second, law is to serve social people. Third, it is coercive in character, in other words, the obedience of law is secured but the state through external compulsion.

The definition given by Ihering is very clear and simple. It incorporates in it all the necessary characteristics which the law, in modern times, has.