THE DEFINITION OF LAW

When people think of law, numerous images come to mind. Some think of police officers while other people see courts. Still others view law as the product of a legislature, a statute. Law is an important part of the culture of society. Like language, it reflects the values, history, and current problems of a society.

Legal philosophers and legal scholars do not agree on a single definition of the law. The term is sometimes applied to a legal system, as when we speak of “the rule of law”. Here we are referring to a political system in which all people within the system, including the most powerful leaders, are required to follow the rules called “the law”. Furthermore, they are all answerable to a system of courts that applies that body of law.

More commonly, when people speak of law they refer to the rules themselves. “The law says that you must...” is a phrase you often hear. This is the sense in which the law is used. The following definition of law is useful:

The law is a set of principles, rules, and standards of conduct:

ü That has general application in the society.

ü That has been developed by an authority for that society.

ü For the violation of which the society imposes a penalty.

Law in a broader sense is seen in all societies. In a primitive society the rules of behaviour may not be consciously developed by the leader or representatives of the society; they may have been handed down as custom from earlier generations.

The term a law has a different and more limited meaning. It usually describes the rules enacted by legislatures.

The basic functions of law are:

- keeping the peace;

- enforcing standards of conduct and maintaining order;

- facilitating planning;

- promoting social justice.

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