Theory of Law, The Nature of Law

In the strict sense,the word - Law – means rules of conduct imposed by a state upon its members and enforced by the courts. Laws are rules of conduct laid down for the purpose of directing menʼs actions.Social life would be broken up in anarchy unless men were prepared to follow recognized rules in their relations with each other.

Obedience by man to social rules enables all the members of the society to cooperate for common ends.In the technical sense,Law means the body of rules which governs and regulates the social conduct of people and which is enforced by a sanction. Legal rules are social , general and enforced by a sanction. Sanctions are imposed by courts and enforced by the State.

The rules of law is social

Because it guides and controls relations and transactions among people living in a socity. It only deals with the external conduct of persons.thus it is not concerned with the internal thoughts or beliefs.

The rules of law is generally applicable

Which means that it is applied to all cases and all persons living in the state.whether they are nationals or foreegners. Rules of law is general even if it is applicable to one person only

The rules of law is imposed by a sanction

Against any person refuses to obey it voluntarily. A sanction may take the form of penalty if the personʼs conduct constitutes a crime. Criminal penalties are capitol punishment, imprisonment and fine. A sanction may also be civil if the personʼs conduct encroaches upon civil law. In this case the sanction can be invalidity of a contract or the restitution of what has been delivered or the payment of compensation.

A part from the laws laid down by the State and enforced by the courts, there are certain customary rules of behavior called – rules of morality -. These are not enforced by the courts and depend for their obedience on the force of public opinion. The crucial difference between rules of law and rules of morality, therefore lie in the method of enforcement of each. Compulsion, coercion and enforcement are the main characteristics of the rule of law. It is the force behind the law, which makes us obey and respect it.