Вы находитесь на странице: 1из 3

Law does not have a particular definition DISSCUSS Law does not have any acceptable definition.

Law is indeed a complex phenomenon though, practically obedience to law is usually secured by sanctions there are people who obey the law merely because they believe that law is in the best interest to society to do so. Sanction, however, serve the purpose of protecting the general community against persons of different behavior. Without sanction the continued existence of the state would be in danger and society would ultimately be disintegrated. In primitive societies, the obligatory rules of human conduct usually consist solely of customs-rules of human behavior accepted by members of the community as binding among them, customs are usually unwritten. Some people consider law as a command although there are examples of rule of law couched in the term of command given by an authority and directed to an individual, most legal rule are not that form. For instance, rules relating to the making of will do not command any person to making of will. A command involves an order like that giving by traffic warding or policeman to a motorist t stop. There are people who think law as only what the officials do. They argue that what is stated to be law by the legislator is not law because it is subject to interpretation and the interpretation giving by the judges that constitutes the law. Admittedly, they are sometimes inn writing rules values words the practical meaning which may depend on the opinion of the judge. Moreover, it is impossible to indentify judges except by reference to law. Therefore, law is simply what the judge say, it would be impossible to know it. Some people say that law is normative in character, they contend that law states that people ought to do, that it prescribe norms of conduct, other argue that law is imperative in character that is states what people must to do and what they must not do. On the other hand, some other sees as fact clearly. The existence of law may be considered and law cannot be understood except by reference to fact and can, thus be distinguished from fact.

the opinion one holds about law may depend on the angle from which one views it, for instance, the ordinary citizen may think a law simply as a body of rules which must be obeyed because he sees it from internal point of view neither of them has a complete view of law. Law generally can be in deferent form it can be moral laws, legal laws and customary law; moral laws are laws that does not attract punishment meanwhile legal laws attract punishment and sanctions. Also customaries law-; this laws are not writing down, though they stay in the hearth of the citizens, this law can only be applicable in a particular society or community Law can be criminal and civil; criminal law is the law of crime. A crime or offence is an act or omission punishable by the state. Civil law in the other hand is the law governing conduct which is generally not punishable by the state. THERE ARE SCHOOLS OF LAW WHO SEES LAW FROM THERE DIFFERENT PERSPECTIVE. Natural law school; this school of law believe that, what is free, just what is fair to human nature and responsible for fundamental human right. It was consist st. Thomas of hippo, st Augustine Aquinas and Dias; these are the people made law popular. Aristotle a (Greek philosopher born 304BC) say law is an embodiment of reason whether in the individual or the community. St Thomas Aquinas (Italian philosopher born 1224)says law nothing else than an ordinance of reason for the common good, made by him who has care of the community and promulgated. where natural law theorist may say that if law is not moral there is no obligation to obey it, by appealing to moral or religious principles, but positivist hold that until a duly enacted law is changed, it remains law, and should be obeyed. Positive school of law (legal positivism); this group of people says law is a command of a sovereign nation and enforce with sanction e.g. The police. Proponent of this law school are; Jeremy Bentham, John Austin and Hans keelson. That law is laid down for the guidance of an intelligent being by an intelligent being having power over him. Also, law is a body of rules fixed and enforce by a sovereign political authority. Legal positivism regards law as a system of clearly

defined rules, the law is defined by the social rules of practices that identify certain norms as law. . The realist school also known as the third school of law; these people believe in written law-Justice Oliver W. Holmes a proponent of this school from American, his philosophy is what the judge says is the law, therefore what is decided in the court is the law. The prophecies of what the courts will do are what I mean by law. Legal realism is the view that we should understand the law as it is practiced in the courts, law offices, and police station, rather than as it is set forth in the statutes or learned The sociologist school of law; this people look at law from three perspective.; Law is what is legal order, upheld by the state application of force and compulsion. Law is the process of administration of justice jurisdiction. Law function as an aggregate of normative material. These was propounded by Roscoe pond (also a member of American school of law) The Marxist school of law; here law is determined by the economic condition of the society. These people define law as a tool of oppression used by capitalist to control the proletariat. In conclusion, when discussing law it is important to define the term from any of these school of law from the above you will probably decide. It is not possible to define what law is, but it is possible to describe what law does and what rules are apply. Therefore law is rule or order that it is advisable or obligatory, it is possible describe law as the body of official rules and regulations, generally found in the constitutions, legislation , judicial opinions and the like, that is used to govern a society and to control the behavior of its members, so law is a formal mechanism of social control. Legal systems are particular ways of establishment and maintaining social order.
REFERENCES; M .Souper 2000-2008 copyright reserved, Obi lade 2007 the legal system of Nigerian

Вам также может понравиться