What is basic aim and definition of Law?
The law is vital and essential because it is adoptable in the emerging circumstances. It acts as a guideline for the acceptance in the society. Laws are the basic essence of the state. It is impossible to conceive of a state operating without laws which are the most obvious manifestation of its sovereignty. The term law is derived from the German word meaning fixed or uniform. In political and legal terminology, the term law implies or means rules and regulations enforced by the state. In every modern civilized country, there are certain tenets or rules to govern or regulate the conduct and behaviour of its inhabitant. In every country and society, there exist rules that regulate human conduct. Such rules may be in black and white or in conventions and unwritten and flourish in the form of customs backed by the force of public opinion. Law is a system of rules and guidelines which are enforced through social institutions to govern human behaviour. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Without law, there would be a disorder in any state. State would be referred as Jungle and it would be survival of the fittest. The objective of law is to bring order in the society so that members of society can progress and develop with some sort of security regarding the future. Law is an arrangement of principles and rules which are implemented through social establishments to oversee conduct, at every possible opportunity. It shapes governmental issues, financial matters, and society from numerous points of view and fills in as a middle social person of relations between individuals.
Illustrious jurists have defined law in different ways mentioned below;
Woodrow Wilson defines “law as that portion of the established thought and habit which has gained distinct and formal recognition in the shape of uniform rules backed by the authority and power of Government”.
I.E Holland, “law can be defined as a general rule of external human action enforced by a sovereign political authority.
Green regards law as “the system of rights and obligation which the state enforces”.
Salmond, “law consists of the body of principles recognized and applied by the state in the administration of justice”.
To summarize or recapitulate law signifies those rules of human conduct that are enforced by authoritative political institutions and whose breach is dealt with punishment. It consists of six characteristics that are uniformity (applied to the entire civic community or the principle of equality before law), universality, externality, content, formulation and enforcement, Sanction. Thus law is a statement of Do or Do not.
As political science is a social science deals with laws without which no harmonious social life is possible. Law is the foundation of the state. A law is a general rule of external action enforced by a sovereign political authority. Law is general rule, meant for all and not for any particular individual or class. It is applicable to all. It regulates external conduct of the people and has nothing to do with their thoughts and desires. It is enforceable by the state machinery of justice. Every state makes and enforces law to bring discipline in the society so the members of society can progress socially and develop economically and achieve security for future generations. Disobedience of state laws invites penalty. Law provides a framework for the protection of fundamental human rights essential for development. Law is a system of rules and guidelines which are enforced through social institutions to govern behaviour. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. The basic aims of laws of states are the preservation and protection of territorial integrity and ideological frontiers, preservation and maintenance of law and order and administration of justice within the state. The law of modern states also conducts foreign relations with outside world. The modern welfare states frame law considering the economic planning for the betterment of its people. The law ensures provision of socio-economic opportunities and social security such as better health and education to the people. The laws of state also promote and ensure technological and defense strength. The laws ensure regulation of trade and industry for achieving economic prosperity. It abolishes the abhorable practices of social evils from the society.
In my opinion law encompass not only rules of human external conduct essential for progress, internal and external security but also inner and spiritual conduct of life. The state has sovereignty to enforce laws and create political institutions. Breach of law is dealt with punishment. Law must consist of uniformity, equality, universality, and externality. Law is written documents of conditions which permit and proscribe.
Wish you good Luck. Take care of yourself and others.
Prof Dr Qayum Mangi
College of Superior Services Sukkur Sindh
Pakistan. 9203063699246
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