Definition of Law


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Law

Law refers to the body of rules and principles that govern a community and are enforced by a political authority. These are intended to create a society that is safe for everyone, as well as provide guidelines on what is acceptable and unacceptable behavior.

There are many definitions of Law: Kelsen’s “pure theory”; Friedrich Karl von Savigny’s “historical law”; Ihering’s and Dean Roscoe Pound’s “social engineering”. Each defines what law is, how it functions and why it exists.

Realist Definition: – A realist approach to law is a sociological school of thought that studies the workings and effects of legal systems. Its main tenet is that law reflects the social values of a particular society and is therefore not always inerrant.

Procedural Rights:

The division between law’s substantive and procedural norms is a fundamental foundational one, given its institutional nature. Generally speaking, substantive norms are those that determine the scope and extent of rights (i.e., those that bear on the actual exercise of rights), whereas procedural norms are those that govern how and when certain other norms can be created, debated, deliberated on, or applied in the case of the right-holder.

Legal Power:

Law provides the ability to alter the normative landscape by creating new laws and enacting existing ones. It also gives people the power to own property, gift and bequeath it to others, and enter into contracts. In addition, some people have the power to appoint someone else to take legal actions in their stead when they are unable or unwilling to do so themselves.