Category Archives: WHAT IS LAW

LAW

Law is a term used in a variety of sense all of which have one common factor-A RULE.we find these rules in nature as for example the law of Gravity,in Economics as the Law of Diminishing Returns.When we speak of the law in any particular state or country,we mean those guiding rules of human conduct which communities have observed from the earlest day of civilization for the purpose of regulating their mode of life.Many eminent jurists have endeavoured to explain the legal theory embodied in law and in the view of Austin,probably the most renowned thinker of the Analytical School of the 19th century, “LAW IS A RULE LAID DOWN FOR THE GUIDANCE OF AN INTELLIGENT BEING BY AN INTELLIGENT BEING HAVING POWER OVER HIM”,in this sense,LAW IS A COMMAND FROM THE SUPERIOR TO AN INFERIOR WHICH WILL BE ENFORCED BY A SANCTION,(that is to say some form of punishment or threat of punishment by reasons of which persons are obliged or a least inclined to act or forebear in accordance with the law giver’s desire).law therefore suggests a real or desired conformity.This is essences means that law in the strict sense of the word can be referred to as “those rules of conduct imposed by a state upon its members and enforced by the courts,The first definition was formulated by Professor Hugh E.Willis,He defined law as “a scheme of social control,which by mens of legal capacity backed and sanctioned by legal redress,delimits personal liberty for the protection of social interest”.In this definition,social interest is a need or want of an individual or a group,the social interests that are recognized and given protection by law include preservation of peace,the protection of individuals and institutions from unwarranted encroachment by others,and the pursuit of economic,political and cultural progress.A LEGAL CAPACITY IS AN ABILITY CONFERRED UPON A PERSON OR A GROUP BECAUSE OF SOME SOCIAL INTEREST,TO CONTROL THE CONDUCT OF OTHERS THROUGH THE POWER OF THE STATE.the legal capacity include;right,privilege,power and immunities.the existence of a legal capacity in one person create a corresponding legal liability in another,for example,if there is a contract between A & B & A has a right to be paid a sum of money,then B has a duty or obligation to pay it.LEGAL REDRESS is a mechanism of social control for enforcing a society’s standard.it is any mean (sanctions) provided by the law for protecting social interest.Among the sanctions that could be employed by the law are monetary judgements,deprivation of property,fines and imprisonment….2 be contn

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