The document discusses different perspectives on what law is. It is a complex question with no simple answer. Law is defined as a system or body of rules recognized by a community as binding, relating to subjects like criminal law and property law. It can be seen as commands from a sovereign backed by sanctions, a system of primary and secondary rules, or a tool of oppression according to different theories. Overall, there is no single definition, and law functions as a system of rules regulating human conduct in a society.
The document discusses different perspectives on what law is. It is a complex question with no simple answer. Law is defined as a system or body of rules recognized by a community as binding, relating to subjects like criminal law and property law. It can be seen as commands from a sovereign backed by sanctions, a system of primary and secondary rules, or a tool of oppression according to different theories. Overall, there is no single definition, and law functions as a system of rules regulating human conduct in a society.
The document discusses different perspectives on what law is. It is a complex question with no simple answer. Law is defined as a system or body of rules recognized by a community as binding, relating to subjects like criminal law and property law. It can be seen as commands from a sovereign backed by sanctions, a system of primary and secondary rules, or a tool of oppression according to different theories. Overall, there is no single definition, and law functions as a system of rules regulating human conduct in a society.
Concept of Law : What is Law? A law student is at the outset faced with the question "what is law?'. This is a complex question and has no simple answer.
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Is Law a system, a set of rules or a part of culture? What is Law made of? Where do you find Law? How is the Law you study different from the Law of Gravity? Can there be a society without Law? What makes Law a system? Can you say that an individual’s perspective influences notions of Law. Can we associate Law with Morality? Can we detach law and order? 3 LM 2016 Tuesday, October 06, 2020 According to Webster's Dictionary, law is an interesting list of things: Rule of conduct recognized by custom or by formal enactment which a community considers it binding upon itself.
A system or body of such rules.
Condition of the society when such rules are observed to
establish rule of law.
Body of rules relating to specified subjects e.g, Criminal Law,
Property Law, etc.
Statute and common law as against equity.
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Cont.
Rules of conduct and procedure.
In Science and philosophy a statement of the manner or order in
which a defined group of natural phenomena occur certain conditions -natural law.
Rules or formula according to which certain function or operation are
performed.
Statement of principles.
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Cont.
An enactment of legislature.
Remedial justice administered by courts .
Branch of knowledge concerned with
jurisprudence.
Vocation of an attorney or solicitor.
Rules of conduct having divine origin.
6 LM 2016 Tuesday, October 06, 2020 Black's Law Dictionary LAW That which is laid down, ordained, or established . A rule or method according to which phenomena or actions co-exist or follow each other. Law, in its generic sense, is a body of rules of action or conduct prescribed by controlling authority, and having binding legal force.
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Law is all of above and much more. It is a large body of rules and regulations based mainly on general principles of justice, fair play and convenience.
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John Austin (English jurist born 1790)
“Law is a command of sovereign backed by sanction”
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Professor Hart
(Oxford Professor of jurisprudence, born 1907)
Hart defined law as a system of rules, a union of primary
and secondary rules,
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Definition of law - Marxist theory
Marxist theories of law generally define law as a tool of
oppression used by capitalists to control the proletariat.
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St Thomas Aquinas (Italian philosopher born 1224) "Nothing else than an ordinance of reason for the common good, made by him who has care of the community, and promulgated"
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Definition of law - Legal Realism Oliver Wendell Holmes (American judge and jurist born 1841) "The prophecies of what the courts will do ... are what I mean by the law,"
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Definition of law - Thomas Hobbes (English philosopher born 1588) Hobbes said of the role and function of law in his polemic work ‘Leviathan’ (1651) "Law is the formal glue that holds fundamentally disorganised societies together."
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Definition of law - Glanville Williams “Learning the law” "Law is the cement of society and also an essential medium of change. Knowledge of law increases one’s understanding of public affairs. Its study promotes accuracy of expression, facility in argument and skill in interpreting the written word, as well as some understanding of social values".
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There is no single answer as to what is law and where it can be located. So every time one looks for law in a particular context. Functionally law works as a system. It is a set of rules which regulate human conduct in a society and as such from a citizen's point of view law must be obeyed.