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Law: Meaning and Definition

Law can be defined as a set of rules made and enforced by the sovereign authorities of a state to regulate human conduct and relations. It provides a uniform and definite set of rules that apply equally to all people. Jurists and scholars have defined law in various ways focusing on it being principles recognized by the state, general rules of behavior backed by state authority, or predictions of how courts will decide cases. Overall, law establishes binding obligations in society and is enforced through state coercion to maintain order and peace.

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5K views2 pages

Law: Meaning and Definition

Law can be defined as a set of rules made and enforced by the sovereign authorities of a state to regulate human conduct and relations. It provides a uniform and definite set of rules that apply equally to all people. Jurists and scholars have defined law in various ways focusing on it being principles recognized by the state, general rules of behavior backed by state authority, or predictions of how courts will decide cases. Overall, law establishes binding obligations in society and is enforced through state coercion to maintain order and peace.

Uploaded by

Aaryan Raut
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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 Law: Meaning, Nature and characteristics

Law: Meaning and Definition:

The term, 'Law’ means ‘a set of rules', which are made and applied by the sovereign
authorities. This term, ‘Law’, has been derived from the Teutonic (relating to the ancient Teuton
(ancient German) people, or their culture) word 'Lag', which means ‘Definite’. It also means ‘stable’
and ‘universal’. On this basis, law can be defined as a definite rule of conduct and human relations. It
also means a uniformed rule of conduct which is applicable equally to all the people of the State. Law
prescribes and regulates general conditions of human activity in the state.
Jurists have defined law differently from different point of views. It has been called 'Dhama'
in Hindu jurisprudence and 'Hukum' in Islamic system. Romans called it 'Jus' and in Germany and
France, it is called as 'Recht'and 'Droit 'respectively.
The concept of law was developed from Roman period and founder was Cicero. Law has
been playing very important role from the very beginning when it was founded. It is the important fact
of the government which manages the state and determines relation of the people and nation. Law
always direct to the society and social human beings. Without law, a complete society is impossible.
Thinking that manner from ancient period, law was defined as religion and morality.
According to the Hindu religion, Muslim religion also accept this concept, that law is
philosophy of religion that’s why we can say that law is an instrument which regulates and control
the human behavior whether external or internal and impose penalty for its violation. It is a means of
rendering of justice, maintaining discipline and controlling human activities.
Defining the term, ‘law’, is not an easy task because the term changes from time to time and
different scholars define the term variously. Definition of the term may vary due to the different types
of purposes sought to be achieved. Definitions given to the term, law, are as many as legal theories.
To understand the meaning of law, it is better to analyze the definitions given by different scholars,
law dictionary and (holy) books.
According Hindu scripture Bedha - "Law is the king of the king."
“Every law is the gift of god and decisions of sages” -Demosthenes
According to Austin- "Law is rule of conduct imposed, and enforced by the sovereign."
Salmond says- "Law is the body of principles recognized and applied by the state in the
administration of justice." He has also said- “Law is not rights alone, nor might alone but perfect
union of two”
Holland defines, “A Law is a general rule of external behavior enforced by a sovereign
political authority.”
Hooker- "Any kind of rules or canon whereby actions are framed is law."
“Law in it most general and comprehensive sense signifies a rule of action and it applied
indiscriminately to all kind of action whether animate or inanimate, rational or irrational”
-Blackstone
According to Black’s Law Dictionary - "Law consists of rules of action or conduct. These
rules are issued by an authority. In addition, these rules have binding force and are obeyed and
followed by citizens. Sanction or other legal consequence may help the law to be abided by
citizens."
From the pragmatic (practical) point of view, American jurist, Benjanin Nation Cordazo
defines law as “a principle or rule of conduct so established as to justify a production with
reasonable certainty that it will be enforced by the courts if its authority is challenged.”
According to Holmes- “the prophecies of what the courts will do in fact, and nothing more
pretentious, are what I mean by the law.”
From the sociological perspective, Max Weber suggests that an order will be called law if it
is externally guaranteed by the probability that coercion (physical or psychological), to bring about
conformity or avenge violation will be applied by a staff of people holding themselves especially
ready for that purpose."
In general sense, law may be described in terms of legal order tacitly or formally accepted by
the society and enforced. A body of binding rules sufficient compliance of them is ensured by some
mechanism accepted by community is called law.
Furthermore it can be simply said that law is a definite rule of behavior which is backed by
the sovereign power of the State. It is a general rule of human conduct in society which is made and
enforced by the government. Each law is a binding and authoritative rule or value or decision. It
guides the people for peaceful living. It always checks people from going to the wrong path. Hence, it
is inevitable for everyone to follow the law for making the harmonious, peaceful and prosperous
society. By combing all the definitions of law given above, it becomes clear that law presumes a state.
Through the medium of law the state always does its duties and responsibilities to maintain peace and
order in the society.
Thus, in conclusion, the term law can be defined as a set of principles, rules and customs as
well made or recognized and enforced by the supreme authority of the state in the country. Law
guides the subjects of the state to do or not to do some acts. In case of violation of law, the society
imposes a penalty.

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