The Nature of Law

The term ‘law’ is used in many senses: we may speak of the laws of physics, mathematics, science, or the laws of football or health. When we speak of the law of a state we use the term ‘law’ in a special and strict sense and in that sense law may be defined as a rule of human conduct, imposed upon and enforced among, the members of a given state.

Man is by nature a social animal desiring the companionship of his fellows, and in primitive times he tended to form tribes, groups, or societies, either for self-preservation or by reason of social instinct.

If a group or society is to continue, some form of social order is necessary. Rules or laws are, therefore, drawn up to ensure that members of the society may live and work together in an orderly and peaceable manner. The larger the community (or group or state), the more complex and numerous will be the rules.

If the rules or laws are broken, compulsion is used to enforce obedience. We may say, then, that two ideas underlie the concept of law: (a) order, in the sense of method or system; and (b) compulsion, i.e. the enforcement or obedience to the rules or laws laid down.

Custom, Morality and Law

When we examine the definition of law given above, we notice certain important points.