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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