A simple question “What is Law”
leads to a complex answer that reveals the many-faceted nature of the subject.
Some think law evokes the response rules. Others think it as a means of
restricting human conduct. Still others see it as an instrument for protecting
their basic freedom. Historians regard
law as a reflection of mores of a society at a particular time. Sociologist
regards it as a social institution developed over the years.
Natural philosophers think law is
ordained by nature and universally valid.
Natural law is a body of principles of fairness and ideal justice
existing for all people irrespective of time and culture. It transcends human
notions of what is right and just. A positive law is one laid down by a
sovereign or a duty constituted authority. It may reflect current human
conduct.
Jurists assert that law, like
literature is a product of political and moral values. Economists consider law
as an instrument by which an efficient and dynamic economy to be brought about.
It is needless to say that the law is not stable and predictable; instead, it
is an endless process of interpretation, reinterpretation and counter
interpretation. Law should consider not only what the law is but also what it
should be.
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