June 22, 2024

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The Philosophy of Law – How Will You Define It?

We all know what is law? We are social animals and we live in such a society which is run by us. If you want to live with others in amicable ambience, you will have to follow the norms and basic principles which are set for bringing the clarity and efficiency to the social structure. However, that doesn’t mean that we all know the definition of law. If someone ask you what is the exact definition of law, perhaps you can’t give answer as the philosophers and the experts have tried their best to find out the accurate way to define law which will be apropos in every circumstance. From the very beginning of the society, different schools of philosophers and the social reformers have researched extensively to scoop out the proper definition about law and to what extent it plays an important role in modifying our society.

There are many opinions and views about law and the legal machinery. In straightforward way, many will tell you that law means a set of rules and regulations which are designed for the modification of society or for the regulation of the behavior. In clear cut terms it is OK as we are bound to follow the basic principles and rules for bringing the transparency and clarity to our behavioral pattern and character.

However, the probing doesn’t end here. If we think deeply and more vastly, we all face a number of shortcomings to define the law within short framework. If the law is meant for a regulatory device of rules and regulation, then it must lose its importance. Rules can’t perform duties or regulate the society independently. For executing laws, there must be the proper arrangement of another system like enforcement to enact laws. The existence of prison and penalty charges is the byproduct of such legal machinery. Therefore the meaning of law is somehow lost in between. Law has the broader meaning magnifying different aspects of the society and it also produces the huge impact on modification of the human character.

Again there are two conceptions or mindsets in explaining the law in right manner. In case the law is a body of rules, how these rules and regulation operate. It must be prescriptive. That means how fantastically a person behaves or reacts. On the other hand, it is descriptive. That means how the major portion of the society behaves.

If the law is prescriptive, you must learn from your childhood days how to perform your duties legally without overtaking the legal machinery of the society. Secondly, if the law is meant for descriptive, there is the next problem about the authenticity of such statement or belief. In case the society is branded descriptive, there should be doubt and confusion about the exact role of the authoritative force. Law is based on a strong communicative force which will bind the society, man and the state as well to form a society within a legal framework. The society will be built on mutual understanding and agreement.

There are many well known philosophers like Aristotle, Dworkin and HLA Hart who have tried to give a clear cut conception on law. However, the research is on to find out the exact definition of law which will be applicable to every country and society as a whole. Numerous schools, research centers, universities and social institutions have been built so far to continue the research work to explaining the true nature of law in broad perspective.