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Definition of Law


 

Definition of Law

 

Various Schools of Law has defined law from different angles.

Ø  some have defined it on the basic of its nature,

Ø  some concentrates mainly on its source,

Ø  some defined it in terms of its effect on society,

Ø  some defined law in terms of the purpose of the law.

 

A definition, which does not cover various aspects of law, is bound to be imperfect.

 

Law is a social science and grows and develops with the growth and development of the society.  New development in society creates new problems and law is required to deal with those problems. In order to keep peace with society, the definition and scope of law must continue to change.

 

As a result, a definition of law given a particular time cannot remain valid for all times to come.  A definition, which is considered satisfactory today, may be found narrow tomorrow.

 

The word “Law” is derived from the Latin word “Lex”.  Also, it has been called,

“Dharma” in Hindu Jurisprudence,

“Hokum” in Islamic Jurisprudence,

“Jus” Romans Jurisprudence,

“Rick” German Jurisprudence,

“Droit” French Jurisprudence.

 

Jurists have defined law differently from different points of view.

 

Ulpian defines law as, “The art or science of what is equitable and good”.

 

Cicero said, “Law is the highest reasons implanted in nature”.

 

Pindar called law as, “The king of all, both mortals and immortals”.

 

According to Justinian, “Law is the king of all mortal and Immortal affairs and the standard of what is just and unjust”.

 

Demosthenes wrote: “Every law is a gift of God and a decision of sages.”

 

Pound defines law as “a social institution to satisfy social wants.”

 

According to Salmond, “Law may be defined as the body of principles recognized and applied by the state in the administration of Justice”.

 

According to Austin, “Law is the aggregate of rules set by men as politically superior or sovereign, to men as politically subject”.

 

According to Vinogradoff, “Law is a set of rules imposed and enforced by a society with regard to the distribution and exercise of powers over persons and things”.

 

According to Gray, “Law is composed of the rules which the courts lay down for the determination of legal rights and duties”.

 

According to Holland, “Law is general rule of eternal human action enforced by a sovereign political authority”.

 

According to Lord Moulton, “Law is the crystallized commonsense of the community”.

 

Karl Marx said, “Law is an instrument used by economically ruling class to keep subordinate class in subjection. It is a means to exploit weaker class”. 

 

Article 152 of the Constitution of Bangladesh states that "Law" means any Act, ordinance, order, rule, regulation, bye-law, notification or other legal instrument, and any custom or usage, having the force of law in Bangladesh;

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