In order to understand the concept of Law in a simple and easy manner it can be divided into five parts namely:-
A) Definition of law as per jurists
B) Latin and Law
C) Nature or Characteristics of law
D) Parts of Law
E) Five grounds to understand law
Though there is no exact, perfect, precise or concise definition of the term law, the journey of understanding law and trying to define it has been an unending process. There have been many jurists who have tried to define the term law but each time they had to face criticism for not including all the aspects of law. Some of the definitions as per the jurists are as follows:
A) Definition as per jurists: – As per Sir William Blackstone, law is a rule of action prescribed by a superior power which is indiscriminately applied to all actions, whether animate or inanimate, rational or irrational.
As per Austin:- Law is the command of the Sovereign.
As per Salmond:- Law is a body of principles recognized and applied by the State in the administration of justice.
Thus, one can say that understanding of law differs from person to person and it is the perspective from which one looks at it. Law is one’s conceived idea in the form of a perception which could be different for different people. E.g., for one law could mean morality, justice, ethics while for another law could mean Acts, rules, regulations, Codes, Ordinances etc. while for another law could mean a decree, judgment or order.
Hence, the process of understanding law from just one perspective shall give only a single dimensional understanding of the term law but analyzing and comparing various definitions by the jurists shall help one in having a wholesome idea about law because there is no specific definition of law which can be considered to cover all the aspects of law.
B) Latin and Law: – In Latin, law can be understood in two senses namely:- Abstract sense & Concrete sense. Law in abstract sense is known as ‘jus’ which means law in its general sense and when interpreted in English jus can be understood as ‘the law’ whereas law in its concrete sense in Latin is known as ‘lex’ which means law in a particular sense and when interpreted in English it can be understood as ‘a law’ i.e., a particular or specific law.
E.g., of ‘Jus’ or ‘The Law’ would be law & order, law & justice, law & morality etc. where the term law is generally used. While, ‘Lex’ or ‘A Law’ means or refers to a particular law such as Law of Torts or Contract etc. Here the term law is specific or particular. Though this concept of understanding law in two senses i.e., abstract and concrete is not widely followed in its English translation but since Latin has a very significant role to play in the legal arena it is vital to understand the concept of law from the perspective of Latin language as well.
C) Nature or Characteristics of Law
1) Generality:- Overall, law should be generally applicable to its subjects i.e., there should be generality while making laws. A law cannot be made in such form that it does not apply to any one or it applies to almost negligible number of people.
2) Stability:- Law should be stable in nature. It cannot be made and then repealed time and again or law should not show immense possibility for amendments because it reflects a lack of stability.
3) Possibility:- Law should be executed well. There should be a possibility to execute it. Law should not be impossible to execute or it should not be showing signs of difficulty in its execution. There should be possibility to make the law applicable as well as just making law is not sufficient but making them applicable is equally important.
4) Congruence:- There should be congruence or rather proper balance between what’s passed as law and that which has to be executed. Making law for a particular purpose and implementing it differently where the purpose of the law is not served would ultimately defeat the purpose of the entire law.
5) Clarity:- Law should be clear in its wording so that it can be clearly understood. There should not be much room left for any ambiguity or dispute pertaining to the provisions leading to any confusion or lack of clarity.
6) Prospective:- Law should be futuristic. It should be able to stand the test of time. It should be well drafted keeping long term perspective in mind.
7) Promulgation:- Law cannot be secret. It has to be made known to the public. The people should know the law especially the ones who are subject to it.
8) Non-contradictory:- The provisions within the law should not contradict each other. It should be well drafted that the provisions do not contradict & confuse the readers.
Thus, these are some of the characteristics or nature of law.
D) Parts of Law: – As per Sir William Blackstone in his book named Analysis of the laws of England states that law needs to have the following four parts namely: –
1) Declaratory: – Declaring what is right & what is wrong. Law should define what is right and what is wrong.
2) Directory: – Directing one to do what is right and forbid from commission of wrong. Law should command the observation of right and forbid the commission of wrong.
3) Remedial: – Redressing or compensating private wrongs. Law should redress private wrongs.
4) Vindicatory: – Vindication or punishing public wrongs. Law should punish actions that are public wrongs.
E) Five grounds to understand law: – Law can be understood on following five grounds namely:-
Nature of Law: Understanding the nature or characteristics of law is vital. The overall understanding of the nature and characteristics aids one in better understanding of the term law.
Source of law: The source from which the law is derived helps in further enhancing one’s understanding about law.
Effects of Law: How effective a particular law can be to the society is vital and this understanding is important for the overall growth of the society.
Authoritative Power: The authoritative power or rather the authority that implements laws and the way or manner in which it can be enforced over the subjects is essential.
The Result: The end result that law seeks to achieve aids us in gaining deeper knowledge of the term law.