Understanding the Definition of Law

• There is no specific definition of law as it depends on belief, value, and custom.
• Law is a system of rules guiding and directing daily activities.
• It serves as the framework of life, built on the foundation of legal rules.
• Law guides conduct in society, is enforced by public agencies, and includes sanctions or penalties for breaches.
• Law can be described as the general rule of conduct.

Definition via Oxford English Dictionary

• Law is the body of enacted or customary rules recognized by a community as binding.
• Legal rules plus regulation of behavior equals law.
• The components of law include designed rights alongside imposed duties.

Definition of law per Jean Jacques Rousseau

• Some consider him a natural law jurist.
• Law reflects essentially moral and unchangeable natural law.
• Rules permit or prohibit certain actions for the public benefit and proper human behavior.
• The first principle of nature is 'good to be done and promoted, and evil to be avoided.'
• Man-made law conflicting with natural law, is not a true law.
• To be part of a legal system, law must conform to current moral principles.

Definition of law per John Austin

• It is positive law.
• Law is defined as the command of the sovereign authority which is backed by sanction.
• Rules are created by a ruler who can impose penalties if broken.

Definition of law per HLA Hart

• Law comprises institutional facts like orders and rules, made by people thinking and acting.
• Rules and regulations come from groups of people.

Definition of law per Roscoe Pound

• It is a sociological view.
• Law is an instrument of social engineering for maximizing community interest and ensuring smooth societal functioning.
• A controlling device used by the upper class on the lower class.

Definition of law per John Salmond

• It is a realist view.
• Law encompasses principles recognized and applied by the state in administering justice.
• Rules of conduct are laid down by a person acting as a judicial organ.
• Realism pertains to the real world and how it actually operates.

Functions of Law

• Administration of justice, what is lawful and unlawful.
• Granting powers to certain bodies or institutions.
• Maintaining a standard.
• Resolving disputes and conflicts.
• Social control prescribing punishment and remedies for breaches.
• Social engineering and construction.
• Determines legal personality.

Perspectives of Law: Cultural Expression

• Law and people are interconnected, developing in specific places and communities per social life.
• Law results from society's slow development over centuries.
• Savigny, a historical jurist, believes the legal system is part of people's culture, from habit to value, custom to tradition, and rules.
• Montesquieu states that law is the product of custom, local manner, and physical environment.

Law as a Divine Revelation

• Natural Law jurists believe laws are based on divine revelation or reason.
• Law includes laws of nature or moral laws.
• Islam and Christianity have divine revelations i.e., Quran and Bible, functioning as God's decree.
• This is contrary to positivists who claim law must be enacted by the legislator.

Law as an Instrument of Government

• Law associates intimately with the nature of the State
• Law expresses the State's will, for example, laws introduced by the government like a 6% GST.
• Marxism-Leninism stipulates law is a tool for the State to maintain and safeguard capitalist interests.
• Malcolm Wood claims law is a weapon in a political tool - forces including repression, covert practices, media manipulation, censorship etc.

Law as a Legal System

• A legal system consists of Parliament, Judiciary, Executive, legal profession.
• The existence of a legal system can be measured via Statute, Regulation, and Act or Laws.
• Parliament (Legislature) is an institution for making and amending laws.
• Judiciary (Court) determines law violations, it also settles disputes between people.
• Law Enforcers are the agency that enforces the law.