Definition of Law or What is Law?

Terms like law do not have any fixed meaning. These terms take their color from the context in which they are used.

Law as a term is used very loosely. This has a special significance. Law is the greatest of all inventions in the world because we have historical evidences to prove that nations have survived, civilizations and cultures have survived without the aid of science and technology. But, no nation ever survived without the aid of law. Historically, all important civilizations flourished without science and technology.

In that particular sense, law means a certain amount of discipline. All the inventions of science and technology give us mastery over the world but law gives us mastery over ourselves. And unless we master ourselves, we cannot master anything.

Countries which are scientifically advanced sometimes suffer because of lack of self-discipline. In our individual lives also the same applies. According to eastern philosophy, the law is the king of kings. No one is above law, not even the king and in that particular sense, law is a dharma. Dharma means righteous conduct, a conduct that is in the best interests of the society. Dharma is universal. In eastern philosophy, law has always been used as an instrument to control authority and power. In whole human history, the most perplexing question has been how to control the power and authority and how to protect the life and liberty of people. It is for this purpose that the governments are being constituted. If any government cannot do that, such government has no right to exist.

American Declaration of Independence said that the basic purpose of the declaration is to protect life and liberty of the people. The basic purpose of the government shall be to protect life and liberty of the people. If the government fails, the government must go. Right to revolution is inherent in the American Constitution.

Through the ages, the definition of law has undergone various changes. For e.g. if today one wants to develop a definition of law, it is very difficult because there is hardly any aspect of life that is not covered by a law.

The dictionary meaning of law is:

‘Law is a regime that orders human activities and relations through systemic application of force of a politically organized society or through social pressure backed by force.’

Another definition of law says that ‘law is the aggregate of legislations, judicial precedents, accepted legal principles and standards that the courts apply in deciding the controversies and cases.’

In the modern sense of the term, legislations includes the law passed by the ordinary legislative organ of the state, the law laid down by the administrative authorities under the power delegated to them by the legislatures. Thus delegated legislation is also law. The law laid down by the judiciary is the law of the land and the principles and the standards that the courts apply while deciding controversies shall also be law.

Another definition of law is that ‘law is a set of rules or principles dealing with a special area of legal system.’

Law may also refer to judicial process by settlement of disputes through negotiation, arbitration etc.

Customary law denotes to the customs and traditions of people recognized by the courts in the administration of justice. For e.g. Common Law of England is the customary law that is recognized there.

Sometimes, law is used in the sense of fairness and justice. A good example is that of Equity law is nothing but certain principles which must be followed because following of such principles results in fairness. E.g. ‘he who comes to equity must come with clean hands’.

Sometimes law is used in the sense of legal profession. E.g. XYZ has spent his whole career in law. Here law is used as an expression.

Law may also be used in the sense of higher law. E.g. law of nature, law of god etc.

Thus we see that ‘law’ as a term is capable of being used in a number of contexts and there can be no fixed or rigid definition of law.

(This short essay was prepared while taking notes in the Class of Professor I.P. Massey)