We are surrounded by things governed by law.

Day-to-day life of a man is

encountered with many situations that are governed by law. Right from
cradle to grave everyone is linked to law.
Legal system is a system of rules that regulates the society. Such laws are
made by a competent authority within a society. Law is command or
prohibitions that guide human behaviour. It is a social science and grows or
develops with the growth and development of society and therefore, with
changes in society there are changes in law.
There are many different definitions of law. Various individuals have
defined law variously.
According to Thurman Arnold (American lawyer) law can never be
defined but however he insisted that the people adhered to law should
never give up on defining law.
Lord Lloyd has also expressed a similar view wherein he says that since
much juristic ink has flowed in an endeavor to provide a universally
acceptable definition of law, but with little sign of attaining that objective.
Law is one and same for everyone but the difference lies in the perception
of law. It has been pointed out that much of the confusion in defining law
has been due to different types of purpose to be sought to be achieved.
There have been conflicting and divergent views of jurists regarding the
nature, concept, basis and functions of Law
So, law has been defined from different points of view and hence there
could not be and is not any unanimity of opinion regarding the real nature
of law and its definition.
Various schools of law have defined law from different angles. Schools of
law are various theoretical approaches to the study of law. Different types
of schools are Analytical or imperative school, sociological school, Historical
school, Philosophical school or Realist school. Some have defined law on the
basis of its nature. Some concentrate mainly on the source of law. Some
define it in terms of its effect on society and some have defined in the terms
of end or purpose of law.
So, because of these different approaches, perspectives and understanding
there is no universally acceptable definition of law.
 Definitions of Law
1. John Austin defined law as ‘a command of the sovereign backed by a
sanction.’ Law is the aggregate of rules set by men who are politically
superior, or sovereign, to men as politically subject. According to him
law maker has the authority to make laws and it supersedes
judgments by judges or precedents.
Austin’s theory of law is also known as imperative theory of law. It
overemphasises the command aspect of the law. His definition of law
overlooks customs, which regulated the conduct of the people in early
times. Austin ignores the permissive character of the law and there is no
place for precedent or judge-made law.

2. Thomas Erskine Holland – ‘A law is general rule of eternal human

action enforced by a sovereign political authority.’ Holland also
measures or defines law with preference to sovereign devoid of
moral, ethical or ideal elements which are foreign to law and
Jurisprudence.

3. Salmond – ‘the body of principles recognised and applied by the state

in the administration of justice.’ This definition highlights the role of
law in maintaining social order and justice through state authority.

4. Hans Kelsen – Law is depsychologised command. The term command

used by Kelsen in his definition is different from that used by Austin.
The Austin’s understanding of sovereign does not come into the
picture. Unlike Austin, fear element is missing in Kelsen's theory and
therefore in Kelsen's theory, the command is called
the depsychologised command. According to Kelsen, legal order is
the hierarchy of the norms and every norm derive its validity from
the superior norm and finally there is highest norm known as
grundnorm. (Norm means standard of behaviour)
5. Blackstone – ‘Law in its most general and comprehensive sense
signifies a rule of action and is applied indiscriminately to all kinds of
actions, whether animate or inanimate, rational or irrational.’ William
Blackstone was English jurist who explained the concept of "law" can
apply broadly to both natural phenomena and human behaviour. He
references "laws of motion" or "laws of nature" as examples of rules
that govern the universe.

6. Ihering - ‘Law is the form of the guarantee of the conditions of life of

society, assured by State’s power of constraint.’ Ihering was a German
scholar and according to him, law acts as a guarantee for the basic
conditions that make social life possible. These conditions include
security, order, and the protection of rights and property. Without
such guarantees, society would descend into chaos and obedience to
law is secured by the State through external compulsion.

7. Lord Moultan – ‘Law is the crystallized commonsense of the

community.’ Lord Moulton divided human action into three domains.
At one extreme is the domain of law, “where,” he said, “our actions are
prescribed by laws binding upon us which must be obeyed.” At the
other extreme is the domain of free choice, “which,” he said, “includes
all those actions as to which we claim and enjoy complete freedom.”
Between these two, Lord Moulton said, lies a domain in which our
actions are not determined by law but in which we are not free to
behave in any way we choose. He considered the area of action lying
between law and pure personal preference to be “the domain of
obedience to the unenforceable.” In this domain, he said, “Obedience
is the obedience of a man to that which he cannot be forced to obey.
He is the enforcer of the law upon himself.” This domain between law
and free choice he called that of “manners.”

8. Savigny – ‘Law is a matter of unconscious growth within the

community and can only be understood in its historical perspective.’
Savigny’s Volksgiest Theory of Law means will of the people. He
believed that law was not merely the result of rational thought or
intentional legislation, but was deeply embedded in the historical
culture and traditions of a society.
 9. Roscoe Pound – ‘Law is a social control through systematic
application of force in a politically organised society.’ Pound is
associated with sociological school of law. According to Pound, law is
not just a set of rules but a social institution that must adapt to
societal needs and changes.

10. John Chipman Gray - ‘The Law of the State or any organised
body of men is composed of the rules which the courts - that is the
judicial organs of that body- lay down for the determination of legal
rights and duties.’ Gray's definition emphasizes the practical and
institutional aspects of law, focusing on its enforcement and
application. It highlights the importance of judicial interpretation in
the functioning of the legal system.

Functions of Law
The following are the functions of law:

1. To resolve conflicts and deliver justice-

 Delivering justice through the law means ensuring that everyone is

treated fairly and equitably without being impartial. It involves
holding individuals and institutions accountable for their actions and
ensuring they face appropriate consequences.

 Justice means that no one, regardless of their status or power, is

exempt from the law. It requires upholding the rights of individuals
and giving them a fair opportunity to present their case. It isn’t just
about punishment; it also involves restoring balance and addressing
the harm caused by wrongdoing. It’s about giving a voice to victims
and addressing their grievances.

 Resolving conflicts means finding peaceful solutions to

disagreements or disputes between people or groups. It involves
 communication, negotiation, and sometimes mediation or arbitration
to reach an agreement that satisfies everyone involved.

 Conflict resolution aims to address the underlying issues, find

common ground, and restore harmony or cooperation among the
conflicting parties. It may require compromise, where each side gives
up something to reach a mutually acceptable outcome. Effective
conflict resolution techniques include active listening, empathy, and
creative problem-solving to find solutions that benefit all parties.

 By resolving conflicts peacefully, societies can prevent violence or

hostility and maintain positive relationships among their members.

 It encourages understanding, cooperation, and respect, creating a

healthier and more harmonious community where differences can be
addressed constructively.

2. To Provide Equality and Uniformity-

 Ensuring equality and uniformity through the law means that

everyone gets treated fairly, no matter their background or status. It’s
about making sure the rules apply equally to everyone, without any
exceptions.

 Whether someone is rich or poor, powerful or not, they should be

subject to the same laws. By promoting equality and uniformity, the
law builds trust in the system and fosters a sense of fairness and
justice in society.

 It ensures that nobody gets special treatment based on things like

wealth or influence, making the community more inclusive and
united.

3. To Maintain Law and Order

 Maintaining law and order means ensuring that society remains

peaceful and orderly. It involves enforcing laws and regulations to
 make sure people follow the rules and respect others’ rights and
safety.

 Law enforcement agencies play a critical role in this by patrolling

communities, investigating crimes, and arresting those who break the
law.

 The legal system also provides a framework for resolving disputes

and holding individuals accountable for their actions through fair and
impartial judicial processes.

 When law and order are maintained, society can function smoothly,
and people can feel safe and secure in their homes and communities.

 It builds trust and stability, allowing everyone to go about their daily

lives without fear of violence or chaos.

4. To Maintain Social Control

 Maintaining social control involves setting and enforcing rules within

a society to guide people’s behaviour and prevent disorder.

 This includes using various methods such as laws, customs, and

informal social pressures to encourage individuals to follow accepted
standards of conduct.

 By doing so, society can regulate behaviour and discourage actions

that could disrupt harmony or harm its members. Social control helps
keep order by promoting adherence to shared values and norms,
which fosters cooperation and unity among people.

 It also helps prevent and address behaviours that go against these

norms, ensuring that the community can function smoothly.
Ultimately, social control is crucial for preserving social cohesion,
building a sense of belonging and respect among members, and
maintaining peace and stability in society.
5. To Bring Orderly Change through Law and Social Reform

 Bringing orderly change through law and social reform involves using
legal and institutional methods to make positive improvements in
society.

 It means identifying areas that need change, such as outdated laws or

social injustices, and working within the legal framework to address
them.

 This process often includes passing new laws or amending existing

ones through legislative action. Social reform also involves grassroots
initiatives and community organizing to tackle systemic issues and
promote social justice.

 By working through established channels and fostering dialogue and

collaboration, orderly change can be achieved in a way that respects
the rule of law and creates a fairer and more equitable society for
everyone.

Kinds of Law
Sir John Salmond refers to eight kinds of law:

1. Imperative law-
 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.
 It is in the very nature of law to be imperative, otherwise it is not
law but a rule which may or may not be obeyed.
 Imperative laws have been classified with reference to the
authority from which they proceed. They are either divine or
human. Divine laws consist of commands imposed by God upon
men and they are enforced by threats of punishment in this world
 or in the next world. Human laws consist of imperative rules
imposed upon men.
 There are two essential characteristics of imperative law. First is
that the command of sovereign must be in the form of a general
rule. It must not be a particular command addressed to particular
individual and not to others. Law must be general or it is not law
at all. Second characteristic is that it should be enforced by some
authority. Law has to be enforced by the machinery of state. The
instrument of coercion by which law is enforced is called sanction.
Sanction may be in the form of censure, ridicule or contempt, it is
not necessarily a punishment

2. Physical and Scientific law (laws of nature)-

 Physical laws or the laws of science are expression of the
uniformities of nature – general principles expressing the
regularity and harmony observable in the activities and operations
of the universe.
 For example, the law of tides or gravity. There is uniformity and
regularity in those laws. They are not creation of men and cannot
be changed by them.
 Human laws change from time to time and country to country but
physical laws are invariable and immutable for ever.

3. Natural law or Moral law-

 Natural law or moral law means the principles of natural right and
wrong- the principles of natural justice.
 Natural law has been called divine law, the law of reason, the
universal or common law and eternal law. It is called the command
of God imposed upon men.
 It is an unwritten law. It is written by the finger of nature in the
hearts of men. It has existed from the beginning of world and
hence is called eternal. Natural law exists only in an ideal State and
differs from positive law of State.

4. Conventional Law-
  Conventional law means any rule or system of rules agreed upon
by persons for the regulation of their conducts towards each other.
It is a form of special law.
 It is law for the parties who subscribe to it.
 Conventional law in some cases is enforced by the State. When it is
enforced by the State, it becomes a part of the civil law.
 International law or the law of nations is also a kind of
conventional law on the ground that its principles are expressly or
impliedly agreed upon by the States concerned.

5. Customary law-
 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.
 A custom may be voluntary and still it is law. When a custom is
firmly established, it is enforced by the authority of the State.
 This is particularly so among the conservative people who want to
keep as much of the past as possible.
 Customary laws came into existence due to number of reasons.
When some kind of action gets general approval and is generally
observed for a long time, it becomes custom. Sometimes, customs
come into existence in the ground of expediency. Other reasons
include imitation, convenience, etc. When they are recognised by
State, they become a part of civil law.

6. Practical or technical law-

 It consists of the rules for the attainment of certain ends e.g. laws
of health, laws of architecture. These rules guide us as to what we
ought to do in order to attain a certain end.

7. International law-
 International law consists of rules acknowledged by the general
body of civilised independent States to be binding upon them in
their mutual relations.
 It consists of those rules which govern sovereign States in their
relations and conduct towards each other.
  Salmond says that international law is essentially a species of
conventional law and has its source in international agreement. It
consists of those rules which the sovereign States have agreed to
observe in their dealings with one another.

8. Civil law-
 It is the law of the State or of the land, the law of lawyers and the
law courts. Civil law is the positive law of the land or the law as it
exists.
 Like any other law, it is uniform and that uniformity is established
by judicial precedents.
 It is backed by the force and might of the State for purposes of
enforcement. Civil law has an imperative character and has legal
sanction behind it.
 It is essentially territorial in nature. It is not universal but general.
It creates legal rights whether fundamental or primary and
secondary rights.

Classification of Law
Law may be broadly divided into two classes: International law and
Municipal law.

I. International law is divided into two classes: public international law

and private international law.
1. Public international law is that body of rules which governs the
conduct and relations of the States with each other. It is a set of
norms aimed at regulating the interaction between subjects of
international law. For example, International Human Law.
2. Private international law means those rules and principles
according to which cases having foreign element are decided. If
a contract is made between an Indian and a Pakistani which is
to be performed in Sri Lanka, the rules and principles on which
the rights and liabilities of the parties depend are to be
determined by private international law. Critics point out that
the term private international law is not correct. The adjective
"international" is wrongly given to it as it does not possess any
characteristics of international law. Private international law
applies to individuals and not to States. Moreover, the rules and
principles of private international law vary from State to State
 and there is no uniformity. Private international law is enforced
by municipal courts which apply municipal law and not
international law. In order to avoid controversy, it is suggested
that private international law be called Conflict of Laws and
should be treated as a branch of municipal private law.

II. Municipal Law: Municipal law is the law applied within a State. It can
be divided into two classes: public law and private law. Public law
determines and regulates the organisation and functioning of the
State and determines the relation of the State with its subjects.

1. Public law is divided into three classes:

a. Constitutional law – It determines the nature of the State and
the structure of the government. It is superior to the ordinary
law of the land. Constitutional law is written in India and the
United States but it is unwritten in England. The modern
tendency is to have written constitutions.
b. Administrative law – It deals with the structure, powers and
functions of the organisation of administration, the limits of
their powers, the methods and procedures followed by them
and the methods by which their powers are controlled
including the legal remedies available to persons whose rights
have been infringed.
c. Criminal law defines offences and prescribes punishments for
them. It not only prevents crimes but also punishes the
offenders. Criminal law is necessary for the maintenance of law
and order and peace within the State. In criminal cases, it is the
State which initiates proceedings against the wrongdoers. The
State is always a party in criminal cases.

2. Private law regulates and governs the relations of citizens with one
another. The parties are private individuals and the State decides the
disputes among the people. There is great difficulty in classifying
private law. A general classification of private law is the law of
persons, the law of property, the law of obligations, the conflict of
laws, contracts, quasi-contracts and tort.
a. Law of persons – It defines legal subjects, legal status, and the
beginning and end of legal personality. It also examines how
various factors impact a person's legal status. A non-human
legal entity acknowledged by the law and having the same
rights and obligations as a human being is known as a juristic
person.
b. Law of property
i. Contract – It deals with how to form a valid, enforceable
contract and what happens if the parties to the contract
don’t perform as promised.
ii. Quasi Contract (Fictional contract)– It is a legal concept
where the court imposes an obligation resembling a
contract despite the absence of a formal agreement to
prevent unjust enrichment. A contract formed without
any offer or acceptance but is still enforceable by law is a
quasi-contract.
iii. Tort – A tort is an act or omission, other than a breach of
contract, which gives rise to injury or harm to another,
and amounts to a civil wrong for which courts impose
liability. In other words, a wrong has been committed and
the remedy is money damages to the person wronged.
Unliquidated damages. Deals with the legal theories of
negligence and strict product liability. It addresses the
duty of care that the law imposes on people and what
happens when that duty is breached, causing personal
injury or property damage to others. For example,
negligence is the absence of reasonable care that puts
others at risk of harm. To win a tort case, the plaintiff
must establish three elements: defendant had a legal duty
to act in a certain way, defendant breached that duty and
plaintiff suffered injury or loss as a direct result of the
defendant's breach.
c. Law of obligations - An obligation is a legal transaction in which
parties bind themselves to either act or refrain from acting. An
obligation is a legal relationship between two or more persons.
 An obligation exists when: (1) an obligor (debtor) owes a
performance in favour of an obligee (creditor); and (2) the
performance or duty is legally enforceable.
d. Conflict of laws - Each country’s legal system reflects its
society’s values. As a result, national laws and the structure of
domestic judicial systems vary considerably from country to
country. Nevertheless, many kinds of legal situations or events
often are not confined to a single country or even to a
single jurisdiction within a country. When such conflicts, or
differences, exist, procedures need to be in place to resolve
them; the term ‘conflict of laws’ describe the body of law of
each country or state that is designed to resolve problems
arising from the differences between legal systems.
(Even )
 Sources of Law

The term ‘sources of law’ has been used in different senses by different
writers and different views have been expressed from time to time.
Sometimes, it is used in the sense of the Sovereign or State which is the
ultimate authority from which law derives its force or validity. Sometimes it
denotes the cause of law which were automatically brought into existence
and subsequently acquired that force because of its general acceptance in
the society, e.g. customs, religion and scientific discussions. Also, it is used
to point out the origin or beginning which gave rise to the stream of law.
Some used it in the sense of agencies or organs through which the State
either grants legal recognition to rules of conduct previously
unauthoritative which then acquire the character of law by becoming
definite, uniform and compulsory or itself creates new law, e.g.
adjudication, equity and legislation. Holland used it in the sense of part
whence we obtain our knowledge of the law, e.g. Statute book, reports or
treatises.

Rupert Cross says that ‘source of law’ is used in several different senses,
first there is literary source (original documentary source) or legal
literature (textbook or digest). Next are historical sources – original,
mediate or immediate. So, the source of law encompasses a huge array and
can be extended to anything and everything which accounts for the
existence of legal rule.

Natural School –

Analytical school –

Historical school –

Sociological view –

Philosophical school –

Realist school –
1. Legislation
2. Precedent
3. Customs
4. Opinion of Experts
5. Religion
6. Morality and Equity