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PHILOSOPHY OF LAW
Long Questions:
Q:1 What is law? How law defined by different jurists?
Ans: Introduction:
Law is an essential part of our society. It is fabric that holds society togethers by laying down
rules on the people, organization and companies togethers and the state. The term “Law” means
rules and regulations enforced by the state. In every, there are rules that regulates human conduct.
Meaning:
The term “Law” is derived from the German word “lag”. It means to lay down something, fixed
or evenly. It is a binding customs or practice of a community a rule of conduct or action prescribed or
formally organized as binding or enforced by a controlling authority.
Definition:
It is a sets of rules and regulations created or enforced by government or state. It regulates the
conduct or behavior of people.

Definition of law by different jurists

According to Salmond:
“Law is the principles recognized and applied by the state in the administration of justice.”
According to Black’s law Dictionary:
“The term “Law” means “The regime that orders human activities and relation through systematic
application of the force of politically organized society, or through special pressure, backed by force
in such a society.”
According to Holland:
“General rule of external human action enforced by a sovereign political authority.”
According to Professor’s Green:
“Law is system of rights and obligation which the state enjoys.”
According to Austin:
“Law is the command of sovereign. It imposes a duty and is back by a sanction.”
According to Hooker:
“Law as “any kind of rule or canon where by actions are framed.”
According to Ulpian:
“Law is the art of science of what is equitable and good.”
According to Ciero:
“Law is the highest reason implanted in nature.”
According to Kelson:
“Law is the psychologized command.”
According to Pound:
“Law is the body of principles recognized an enforced by public authority and tribunals.”
According to Sir Henry Main:
“Law is the term of people’s intention to make rules for establishing patterns of conduct.”
According to Hobbes:
“Law is the speech of him who by right commands some what to be done or committed.”

Each of these jurists brings a different perspective, whether focusing on authority, social function,
morality, or practical application, reflecting the diverse theories in legal thought.
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Characteristics
Introduction:
Law is an essential part of our society. It is the fabric that holds society together by laying down
rules on the way people, organizations and companies interact together and the state. In every
society, there are rules that regulates human conducts.
Meaning:
The term “Law” is derived from the German word “lag”. It means to lay down something, fixed or
evenly. It is a binding customs or practice of a community a rule of conduct or action prescribed or
formally organized as binding or enforced by a controlling authority.
Definition:
It is a set of rules and regulations created or enforced by government or state. It regulates the
conduct or behavior of people.
Importance of law
Law maintains order in society, protecting individuals’ rights and insuring justice.
Equality:
Equality in law means that all individuals are treated the same under the law, without
discrimination based on race, gender, religion, socioeconomic status, or other characteristics. It
ensures fairness and justice, guaranteeing that everyone has equal access to legal protections and
obligations.
Legality:
Legality in law refers to the principle that all actions, decisions, and processes must comply with
the law. It emphasizes that government authorities, institutions, and individuals are bound by
established legal rules and cannot act arbitrarily.
Sanction:
Sanction refers to either an official approval or permission for an action or a punitive measure to
enforce rules or compliance. In a positive sense, it indicates authorization, while in a negative sense,
it involves penalties, such as fines or trade restrictions, often used in law or international relations to
maintain order or discipline.
Changeability:
Changeability refers to the capacity or tendency of something to change, adapt, or be altered. It
highlights flexibility and responsiveness to new conditions or circumstances. In people, it reflects
adaptability in thoughts or behaviors; in objects or systems, it implies the potential for modification.
Promolugation:
Promulgation in law refers to the formal process of officially announcing or publishing a law,
decree, or regulation, making it known to the public and ensuring its enforceability. It is a crucial
step in the legislative process, signifying that a law has been approved by the appropriate authority
and is now binding.
Ambiguity:
Ambiguity in law refers to situations where legal texts, terms, or provisions are unclear or open
to multiple interpretations. This lack of clarity can arise from vague language, conflicting statutes, or
poorly drafted legislation. Ambiguity may lead to disputes over the intended meaning of a law,
requiring courts to interpret it using tools like legislative history, judicial precedents, or rules of
statutory interpretation.
Conclusion:
Law is an essential pillar of society, providing structure, security, and justice. Its characteristics
ensure its enforceability, fairness, and adaptability, while its importance lies in fostering order,
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protecting rights, and enabling progress. Without law, society would descend into chaos, and
individual freedoms and rights would be at risk. Thus, law is fundamental to the functioning of a just
and civilized society.

Sources of Law
Introduction:
Law is an essential part of our society. It is the fabric that holds society together by laying down
rules on the way people, organizations and companies interact together and the state. In every
society, there are rules that regulates human conducts.
Meaning:
The term “Law” is derived from the German word “lag” which means “something laydown.” The
word “source” means “the origion” from where is rule or regulation is derived.
Definition:
It is a set of rules and regulations created or enforced by government or state. It regulates the
conduct or behavior of people.

Definition of sources of law

According to Black’s law dictionary:

“Something that provides authority for legislation and for judicial decision a point of origion for law
or legal analysis.”

According to Vinogradoff:

“The process by which rule of law maybe envolved.”

According to Austin:

“The sources of law are the origins from which a legal system derives its authority and rules.”

According to Natural Law School:

“The sources of law are derived from universal principles of morality, reason, and justice that exist
inherently in nature and human reasoning.”

According to Theologist:

“Law is often seen as divinely ordained, rooted in the will of a higher power, such as God.”

According to Sociologist:

“Salmond classify law into two categories. Formal, Material.”

According to Austin:

“Law as a command issued by a sovereign, backed by the threat of sanctions or punishment for non-
compliance.”
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Classification of sources of Law

Sources of Law

Formal sources Material sources

Historical sources Legal sources

Legislation Precedent Custom Agreement

Salmond classifies “sources of law” into Formal and Material, then divides material sources into
Historical and legal and further subdivides legal sources into legislation, Precedent, Custom and
Agreement.
(A) Formal Sources:
These consist of such sources from which the Jaw derives its force or validity.
According to Salmond:
“The entire body of Civil Law has sprung from the will and the power of the state as
manifested in its Courts of justice.”
A formal source of law is a source that is recognized by legal system as source of binding law.
In other words, law derives force, authority validation.
(B) Material Sources:
The material source of law is these from which law derives material, matters and substance but
not the validity is called material source.

Classification of Material Sources

i. Legal
ii. Historical

Legal source of law:

Legal source of law consists of such source of law which are following:
1- Legislation:
Legislation is derived from the word “Legis” means “Law” and “Lactam” means “To make.” As a
whole, it means to make law.
Definition:
According to Gray:
“The formal of legislation organ of society.”
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According to Austin:
“There are no laws without legislative act.”
Approaches of legislation:
 Analytical: status of law
 Historical: Approach custom of law
Types of legislation:
There are two types of legislation which are:
1- Supreme
2- Sub-ordinate
1-Supreme:
According to Black’s Law Dictionary:
“Legislation that derives directly from the supreme or sovereign power in a state and therefore
incapable of being repealed, annulled or controlled by any other legislative authority.
2-Sub-Ordinate:
According to Black’s Law Dictionary:
“Legislation that derives from any authority other than the sovereign power in a state and that
therefore depends for its continued existence and validity on some superior or supreme authority.”
Types:
Colonial
Executive
Municipal
2- Precedent:
Precedent means authority or decision of superior courts.
According to Austin:
“Precedent is a judiciary law.”
Cross Reference:
A 198-201
Classification:
Original
Dictatory
Authority and persuasive
Absolute and conditional
3-Customs:
Customs means a widely accepted way of doing something, practice of common people.
According to Austin:
“Custom is the uniform of conduct of all the people under like.”
Importance:
Easily enforceable.
They all get rarely resistance.
Types:
i. Legal
ii. Conventional
1-Legal:
Back force of law.
2-Conventional:
They are not.
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Legal:
Special
Local
According to Salmond:
“Custom is to society but law is to be a state.”
Conclusion:
The classification of sources of law highlights the diverse origins and influences that shape a legal
system. Primary sources form the backbone of legal authority, while secondary sources provide
interpretations and extensions. Understanding these classifications is essential for grasping how laws
are created, interpreted, and applied.

Role of Law
According to Aristotle:
“At his best, man is the noblest of all the animals, separated from law and justice he is the worst.”
Introduction:
Law is an essential part of our society. It is the fabric that holds society together by laying down
rules on the way people, organizations and companies interact together and the state. In every
society, there are rules that regulates human conducts.
Meaning:
The term “Law” is derived from the German word “lag”. It means to lay down something and the
term “Role” means how to act according to the specific condition.
Definition:
It is a set of rules and regulations created or enforced by government or state. It regulates the
conduct or behavior of people.
According to Salmond:
“Law is the set of rules and regulations recognized and applied by the state in the administration
of justice.”
According to Austin:
“Law as a command issued by a sovereign, backed by the threat of sanctions or punishment for
non-compliance.”
Role of Law in Society

Law serves as a cornerstone of organized society, playing a vital role in maintaining order, ensuring
justice, and fostering progress. Its key roles include:

1. Maintaining Social Order:

- Law regulates behavior, setting clear rules that prevent chaos and ensure societal stability.
- It provides a framework for resolving conflicts peacefully, rather than through force or personal
vengeance.
2. Protecting Rights and Liberties:
- Law safeguards individual freedoms, such as the right to equality, freedom of speech, and
protection against discrimination.
- It acts as a shield against abuse of power by governments, corporations, or other individuals.
3. Promoting Justice and Equality:
- Law ensures fairness by holding everyone accountable to the same standards.
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- It provides mechanisms for addressing grievances and delivering justice, regardless of a person's
status.
According to Theodore Roosevelt:
“No man is above law and no man is below it.”

4. Facilitating Governance and Rule of Law:

- Laws define the powers and responsibilities of government institutions, ensuring accountability
and transparency.
- They establish the rule of law, where no one is above the law, fostering trust in the legal system.
5. Fostering Economic Stability:
- By enforcing contracts, protecting property rights, and regulating commerce, law creates a secure
environment for economic growth and investment.
- It ensures fair competition and consumer protection, building trust in markets.
6. Encouraging Social Progress:
- Laws address societal challenges, such as environmental protection, gender equality, and human
rights, driving positive change.
- They reflect evolving societal values and needs, promoting inclusivity and innovation.
7. Deterring Crime and Misconduct:
- The presence of legal sanctions discourages individuals from engaging in harmful or illegal
behavior.
- It provides a system of punishment and rehabilitation for offenders.
8. Resolving Conflicts:
- Law provides a structured, impartial platform for resolving disputes between individuals,
organizations, or states.
- It prevents conflicts from escalating and ensures fair outcomes.
Conclusion:
The role of law is indispensable in creating a fair, stable, and prosperous society. It not only governs
behavior but also protects individual rights, ensures justice, and promotes the common good. By
adapting to societal changes, law remains a dynamic force that balances order with progress, making
it fundamental to human coexistence and development.
Classification of law
Introduction:
Law is an essential part of our society. It is the fabric that holds society together by laying down
rules on the way people, organizations and companies interact together and the state. In every
society, there are rules that regulates human conducts.
Meaning:
The term “Law” is derived from the German word “lag”. It means to lay down something and the
term “Role” means how to act according to the specific condition.
Definition:
It is a set of rules and regulations created or enforced by government or state. It regulates the
conduct or behavior of people.
According to Pindar:
“Law as the king of all, both mortal or immortal.”
According to Demosthenes:
“Every law is a gift of God and a decision of sages.”
According to Moulton:
“Law is the crystallized common sense of the society.”
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Classification of “LAW”
i. Imperative or Positive law
ii. Physical or Scientific law
iii. Natural or Moral law
iv. Conventional law
v. Customary law
vi. International law
vii. Civil law
viii. Criminal law
1-Imperative or Positive law:
Law in this sense means a rule which prescribes a general course of action imposed by some
authority which enforces it by superior power, either by physical force or any other form of
compulsion.
According to Salmond:
Imperative law means a rule which prescribes a general course of action imposed by some
authority which enforces it by superior power, either by physical force or any other form of
compulsion.
The requirements of an imperative law thus are:
 It must be a general rule;
 There must be some authority behind it; and
 It must e enforced by superior power by physical force or compulsion.
2-Physical or Scientific law:
Physical or scientific laws are expressions of the uniformities of nature, or uniformity in conduct
of living beings or lifeless things. The law of motions, gravitations, and of chemical reactions, for
instance exhibit uniformity in the conduct of lifeless things. The biological propagation of species,
the law of evolution and growth of all and all of human psychology may be mentioned among those
laws which reflect uniformity in the conduct of living beings.
3-Natural or Moral law:
This is also known as divine law, the law of reason, the unwritten law, the universal law, the
common law and the external law. Ideally there is only one moral law which is universal of and set
by God to men. It is law common to all mankind. Greeks primarily received the conception of such
law as being a body of imperative rules imposed upon mankind by Nature.
According to Salmond:
By Natural or Moral law is meant the principles of natural right and wrong-the principles of natural
justice if we use the terms justice in its widest sense to include all forms of rightful action.
4-Conventional law:
Conventional law refers to a body of rules and principles that are established by mutual
agreement or consensus between parties, rather than arising from legislative enactment, custom, or
natural law. These laws are based on agreement or contract and derive their authority from the
mutual consent of the individuals or entities involved.
According to Sir John Salmond:
“Any rule or system of rules that is agreed upon by the members of a society or by the parties
involved in a particular relationship, giving it binding force.”
5-Customary law:
Customary law means such rules of custom as are habitually being followed by the majority of
persons, subject to them, since a long time in the past and are expected to be followed in the future
as well in the belief of their binding nature.
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“Such laws derive their force from the long course of past conduct resulting in the same uniformity
of action in given set of circumstances.”
To be brief, customary law is based on reasonable well-recognized customs which have stood the
test of time.
According to Sir John Salmond:
Customary law means “any rule of action which is actually observed by men – any rule which is the
expression of some actual uniformity of some voluntary action.”
6-International law:
International law is a body of legal rules, norms, and principles that governs the relationships
and interactions between states, international organizations, and, in some cases, individuals and
multinational corporations. It aims to maintain international order, resolve disputes, and address
global issues like trade, human rights, and environmental protection.
According to Sir John Salmond:
“Those rules which govern sovereign state in their relations and conduct towards each other.”
According to Oppenheim:
“The body of rules that are legally binding on states in their interactions with each other.”
According to Lord Russel:
“The aggregate of rules to which nations have agreed to confirm in their conduct towards one
another.”
It is also referred to as "law of nations" (jus gentium) or public international law.
7-Civil law:
The words “civil law” owes their origin to the Romans who described the law applicable to their
own citizens as jus civile, as distinguished from jus gentium which applied to the foreigners. It was
also used to distinguished it from canon law or ecclesiastical law. It is also sometimes used to signify
that part of the law which remains after deducting the portion of law having a distinct title of its
own. In this sense civil law is opposed to criminal law or military law. But here in jurisprudence, we
mean by civil law the laws of the land (irrespective of their character) as are enforced by the courts.
8-Criminal law:
Criminal law, as distinguished from civil law, is a system of laws concerned with punishment of
individuals who commit crimes. Thus, where in a civil case two individuals dispute their rights, a
criminal prosecution involves the people as a whole deciding whether to punish an individual for his
conduct or lack of conduct (i.e. omission) Just as the people decide what conduct to punish , so the
people decide what punishment is appropriate.
Accordingly, punishments vary with the severity of the offense- from a simple fine (e.g. for a traffic
violation ) to lose of freedom (e.g. for murder).
Conclusion:
Law means any standard or principle according to which certain act in certain circumstances must
operate and no doubt, the benefits of law are great. The classification of civil law into two main
classes i.e. general law and special law. These two classes are further sub-divided. Therefore it is
truth the civil law is the mother of all laws.
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