LECTURES OF INTRODUCTION TO LAW

By Irshad Ur Rehman Rehmani

Whatsap: 0923135494700, Golis: 5515335

Puntland State University Growe

INTRODUCTION

The law affects every aspect of our lives; it governs our conduct from the cradle to the

grave and its influence even extends from before our birth to after our death. We live in a

society which has developed a complex body of rules to control the activities of its members.

There are laws which govern working conditions (e.g. by laying down minimum standards of

health and safety), laws which regulate leisure pursuits and laws which control personal

relationships (e.g. by prohibiting marriage between close relatives).

In this course we are concerned with deferent areas of law starting from what is law and its

classification and purpose and sources of law. This is very important to remember that the

law here refers as it applies in common law system.

DEFINITIONS OF LAW

1. LAW is a command of sovereign backed by sanctions

Command can be in three farms:
 Permissive (‫ "مستحب‬:)civil law". Individuals may choose to perform or not to
perform certain acts. For example, one may or may not enter into a contract,
one may or may not dispose of one's estate by will.
 Prohibitory) ‫ مكروه تحريمي‬،‫ " حرام‬:(prohibits wrong, criminal law"
 Mandator)‫ فرض‬، ‫ واجب‬:)certain acts must be done or be done in a prescribed way,
i.e. taxes must be paid, and traffic must keep to the right.
 LECTURES OF INTRODUCTION TO LAW
By Irshad Ur Rehman Rehmani
Whatsap: 0923135494700, Golis: 5515335

Puntland State University Growe

2. Law is a command from the sovereign person or body in the political society to a
member or members of society. --Austin, Lectures on Jurisprudence (1885), p.215.
3. Law is a rule of civil conduct prescribed by the supreme power in a state, commanding
what is right, and prohibiting what is wrong. --Blackstone, Commentaries (1847), p.44.
4. Law is a rule of moral action obliging to that which is right. --Grotius, De Jure Belli ac
Pacis (1625), p.1
5. [Law] * * * is nothing else that an ordinance of reason for the common good, made by
him who has care of the community, and promulgated.
6. According to Black's Law Dictionary[Garner; 2004: 900] law consists of rules of action
or conduct.
7. Salmond: - According to salmond “the law may be defined as the body of principles
recognized and applied by the state in the administration of Justice.
8. John chipman Gray’s Definition of Law:- According to Gray, “the Law of the State or
of any organized body of men is composed of the rules which the courts, that is the
judicial organ of the body lays down for the determination of legal rights and duties.
9. According to Austin, a law, in the strict sense is a general command of the sovereign
individual or the sovereign body. Issued to those in subjectivity and enforced by the
physical power of the state. According to Austin “law is aggregate of rules set by men
politically superior or sovereign to men as politically subject.” Austin says, “A law is
command which obliges a person or persons to a course of conduct.
10. Thomas Erskine Holland, a reputed Jurist, who followed the Austin’s concept and
nature of law attempted to define law as law is a General rule of external human action
enforced by a political sovereign. Holland also measures or defines law with preference
LECTURES OF INTRODUCTION TO LAW
By Irshad Ur Rehman Rehmani
Whatsap: 0923135494700, Golis: 5515335

Puntland State University Growe

to sovereign devoid of moral, ethical or ideal elements which are foreign to law and
Jurisprudence.