The nature and meaning of law

The nature and meaning of law has been described by various jurists. However, there is no unanimity of
opinion regarding the true nature and meaning of law. The reason for lack of unanimity on the subject is that
the subject has been viewed and dealt with by different jurists so as to formulate a general theory of legal
order at different times and from different points of view, that is to say, from the point of view of nature,
source, function and purpose of law, to meet the needs of some given period of legal development.
Therefore, it is not practicable to give a precise and definite meaning to law which may hold good for all
times to come. However, it is desirable to refer to some of the definitions given by different jurists so as to
clarify and amplify the term ‗law‘. The various definitions of law propounded by legal theorists serve to
emphasize the different facets of law and build up a complete and rounded picture of the concept of law.
Hereinafter we shall refer to some representative definitions and discuss them. For the purpose of clarity and
better understanding of the nature and meaning of law, we may classify various definitions into five broad classes:
Natural School
Natural law is Philosophy ascertain that certain rights are inherent by virtue of human nature and can be
under stood universally through human reason.
Under this school fall most of the ancient definitions given by Roman and other ancient Jurists.
Ulpine defined Law as ―the art or science of what is equitable and good.‖
Cicero said that Law is ―the highest reason implanted in nature.‖
Justinian’s Digest defines Law as ―the standard of what is just and unjust.‖
In all these definitions, propounded by Romans, ―justice‖ is the main and guiding element of law.
Ancient Hindu view was that ‗law‘ is the command of God and not of any political sovereign. Everybody
including the ruler, is bound to obey it. Thus, ‗law‘ is a part of ―Dharma‖. The idea of ―justice‖ is always
present in Hindu concept of law.
Salmond, the prominent modern natural law thinker, defines law as ―the body of principles recognised
and applied by the State in the administration of justice.‖
In other words, the law consists of rules recognised and acted upon by the courts of Justice. It may be noted
that there are two main factors of the definition. First, that to understand law, one should know its purpose:
Second, in order to ascertain the true nature of law, one should go to the courts and not to the legislature.
Vinogradoff described Law as ―a set of rules imposed and enforced by society with regard to the attribution
and exercise of power over persons and things.‖
Positivistic Definition of Law
According to John Austin, ―Law is the aggregate of rules set by man as politically superior, or sovereign, to
Natural
Positivistic
Historical
Sociological
Realistic
men as political subject.‖ In other words, law is the ―command of the sovereign‖. It obliges a certain course of
conduct or imposes a duty and is backed by a sanction. Thus, the command, duty and sanction are the three
elements of law.
Kelsen gave a ‗pure theory of law‘. According to him, law is a ‗normative science‘. The legal norms are
‗Ought‘ norms as distinct from ‗Is‘ norms of physical and natural sciences. Law does not attempt to describe
what actually occurs but only prescribes certain rules. The science of law to Kelson is the knowledge of
hierarchy of normative relations. All norms derive their power from the ultimate norm called Grund norm.