INTRODUCTION TO LAW.
In the context of long standing life of human being – some aspects can not be taken away in a manner of get some things and throw it away of aftermath of it use. As like similar the law also can not be taken away. So it is the essential phenomena which is safeguarding the all aspects of peaceful survival of human being, unless which is not addressed in the sphere of law.
It can be noted that, the arrival of the law is not a fresh concept which is being introduced in contemporaneous period. By contrast it has been originated so long years ago. However it can worthy to say that, even in the modern world the application of law is strange to peoples. Because of lacking awareness of law, realization of law only in the circumstances of when the people get in to that application and facing difficulties to understanding the law.
Therefore, in order to make the awareness and normalize the law to people; the author is going to address about what is law, rational for the arrival of law, functions of law and how to coordinate the conducts of humans in lines of law.
WHAT IS LAW.
Generally, no common definition for the law. Because of the concept of law is evolving and progressive which is attributed to the social changes. Thus time to time variety of definitions decorated the law.
The plain meaning of the law is set of rules which regulate the conduct of humans. Nevertheless from the aforesaid simplest abstract of law will not figure out the deepest sense of definition of the law.
When trace back the history, it is enough to demonstrate the norms of the law, because of law having the own passionate definition has been over covered the reflection of undermined factors of social changes.
The definition of the law which is known in the present are mostly derived from the scholars ideology and it vary from one to others.
John Austin who is known for the advocate for the positivism, he took the stand in positivist way to delivered the definition to the law. His view over the law is, the law is commanded from the sovereign to people and people pave the constant obedient to the law because of fear of sanction. From the view of him it can be identified that he emphasized the following
“A rule laid down for the guidance on an intelligent being by an intelligent being having power over him and a body of rules fixed and enforced by sovereign political authority”
Hart also positivist he enunciated the law as “A system of rules, a union of a primary and secondary rules”
Hence the naturalist idea is entirely contradict to the idea of positivist. They are looking the law through the eyes of quality (reasonableness) and potential good to the people. Plato who is naturalist he denoted that law is “An embodiment of reason whether in the individual or the community”
St Thomas Aquinas defined the law as “Nothing else than an ordinance of reason for common good, made by him who has care of the community and promulgated”
Hobbes stressed his idea by social contract theory and expressed that “Law is the formal glue that holds fundamentally disorganized societies together”
Glanville Williams gave the wider indication to the law that “Law is the cement of society and also an essential medium of change, Knowledge of law increases one’s understanding of public affairs, Its study promotes accuracy of expression facility in argument and skill in interpreting the written word as well as some understanding of social values”
In this backdrop, when have a look into the Marxist idea, they organized their view to the law as “A tool of oppression used by capitalists to control the proletariat”
RATIONAL OF LAW.
Having mind of the aforementioned, when pay the attention to behind the scene of reason to the creation of law, it can be noticed that without any factors no any concept is come in to play. Thereby the law is enacted to regulate the human conducts, provides the order in the society, to functioning the state and government, and promote the wellbeing of human life, etc…
FUNCTIONS AND CHARACTERISTICS OF LAW.
It seems that law has the multiple functions and characteristics. Those can be categorized on the footing of in its inherent nature of law. Law can be enacted by the state which has sovereignty( legislature), within the state all the person are equal before the law and law is superior than others, law is binding in its nature, law impose the sanction to whom not obedient to law, morality also become as law but it does not means that all the morals are law.
OBEDIENT TO THE LAW.
Law is not enacted in vague, it created in the reasons and extended it ambit not only present but also for the stability of future. Thereby the tendency towards upholding the order in society, every persons who is part and partial of society want to respect as well as obey to the law. By way of that particular obedient the human beings can coordinate their conducts which parallel to the law.
The aim of this study is examined and the awareness of law. So the point of view of the author is if anything want to run successfully that should be propelled in practical way. Similarly if the law want to be well function it is not sufficient that it entered in to the written document, despite there is the need in law that it should be work out in practical as well as it akin to accommodate the social changes too. In this sense if the every aspects of human being follow and regulated by the cardinal concept of law which is the engine of the peaceful society, definitely it will lead to peaceful long standing of human life unless and until the last seconds of end of the world.