LAW - MEANING

NATURE AND FUNCTIONS

INTRODUCTION

There is no definition that is universally accepted. Jurists have made effort to define it
on the basis of ‘nature’ ‘source’ ‘effect’ ‘purpose’ and other factors. Society is one of
the major factors in explaining the law. Law tells people what they should and must
do and what they must not do. In the same way, even society tells us what to do and
what not to do. If we do not obey society looks down on us.

Law is a social science and to keep up with the change in society it has to change thus
there can be no perfect definition of law because of the ever-changing society.
DEFINITION

 Law is a command from the sovereign backed by sanction – Austin

 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

 Law is a rule of moral action obliging to that which is right – Grotius

 An embodiment of Reason, whether in the individual or the community – Plato and

Aristotle
THEORIES OF LAW

 Law made by human beings – Positivists school

of law

 Law not made by human being – Natural law

school

 Lawmaker is the judge and not the legislative

body – Realist theory of Law
 BASIC FEATURES OF LAW
I) GENERALITY

 Law is a general rule of human conduct. It does not specify the

names of specific persons or behaviours. Hence, its generality
is both in terms of the individuals governed and in terms of the
social behavior controlled.

Illustration: “Everyone has the right to life, liberty and the security
of a person.” [Art 3, UDHR; 1948]
II) NORMATIVITY

Law does not simply describe or explain the human conduct it is made to control. It is created with the
intention to create some norms in the society. Law creates norms by allowing, ordering or prohibiting the
social behavior. This shows the normative feature of the law. Based on this feature, law can be classified as
permissive, directive or prohibitive.

 Permissive law – allow or permit to do the act

 Directive law – must/ shall/have the obligation

 Prohibitive law – prohibited/punishable/no person is allowed

III) Sanction

 Each and every member of a society is required to follow the law.

Where there is violation the law sanction would follow.

A penalty or coercive measure that results from failure to comply a

law. The main purpose of sanction is to prompt a party (a wrong
doer) to respond.

In other words, sanction will make the wrong doer to think that s/he
made a fault and s/he should correct it. Sanction may be criminal.
FUNCTIONS