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Concept and Meaning of Law

14 min readUpdated Nov 2, 2026

Law is a basic concept of jurisprudence, and it is the basis of social order. Human beings live in society, and they need rules to keep peace, order and justice. Without law, there would be no authoritative rules to govern behaviour or to settle disputes.

Think of a dispute over a plot of land. Without law, the stronger party simply takes it. With law, a court decides the dispute by rules that were known in advance. Jurisprudence studies law as a social institution that is connected with justice, morality, authority and human behaviour, and not only as a set of rules.

Meaning of Law

Law

In the ordinary sense, a rule of action that regulates human conduct and is enforced by the State.

e.g.It tells people what they ought to do and what they ought not to do. A breach of law attracts punishment or other legal consequences.

In jurisprudence, the word "law" is used in two senses. In the wider sense, it includes laws of nature, moral laws and divine laws. In the narrow sense, it means only the rules that the State enforces. The law of gravity is law in the wider sense. The Indian Contract Act, 1872 is law in the narrow sense.

Definitions of Law

Austin's Definition

AustinDefined law as

Law is a command of the sovereign backed by sanction.

Four elements: command, sovereign, duty and sanction.

  1. This definition belongs to the Analytical School, which treats law as a matter of authority and obedience. According to Austin, law has four elements: command, sovereign, duty and sanction.
  2. Merits: The definition is clear and precise. It explains the coercive nature of law, shows the role of State authority, helps in understanding criminal law, and keeps moral and emotional considerations out of the study.
  3. Criticism: The definition does not fit many kinds of law. Salmond, Holland and the historical jurists made five points:
    • Custom: customary law is not a command of the sovereign. Customs exist on their own, and courts recognise them later.
    • Precedent: judges do not receive commands from the sovereign. Judicial decisions create law, but they are not commands.
    • Constitutional law: the sovereign is itself bound by the Constitution. In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held that even Parliament cannot change the basic structure of the Constitution.
    • International law: it has no sovereign and no sanction, yet it is regarded as law.
    • Morality and justice: Austin ignores justice, morality and ethics, and treats law as mechanical obedience.
  4. Conclusion: Austin's definition is too narrow and rigid to explain modern legal systems.

Salmond's Definition

SalmondDefined law as

Law is the body of principles recognised and applied by the State in the administration of justice.

The focus moves from the sovereign to the courts, and from command to justice.

  1. Salmond criticised Austin for three reasons. Austin ignored customs and precedents, failed to explain judge-made law, and reduced law to mere force. Salmond said that law exists to administer justice, and not only to command obedience.
  2. Merits: The definition covers more kinds of law. It includes customary law, precedent and legislation. It highlights the role of courts, and it suits modern constitutional democracies. It also fits the Indian system, which is court-centred.
  3. Criticism: Holland and other analytical jurists raised three objections.
    • It is circular. Law is defined through courts, but courts get their authority from law.
    • Law exists before courts. Laws operate before any dispute arises, and delegated legislation works outside courts.
    • International law: it is not administered by courts in the way that national law is.
  4. Conclusion: Salmond's definition is not perfect, but it is broader and more realistic than Austin's.

Holland's Definition

HollandDefined law as

Law is a general rule of external human action enforced by a sovereign political authority.

He limited law to external human conduct, and he stressed that law is a general rule.

  1. Holland tried to refine Austin's theory. He limited law to external human conduct, and he stressed that law is a general rule.
  2. Criticism: The definition still has Austin's problems.
    • It relies heavily on sovereign authority.
    • It leaves out customary law.
    • It ignores moral and natural laws.
    • It does not explain judge-made law properly.

Comparison of the Definitions

Austin, Salmond and Holland compared
JuristCore ideaMain weakness
AustinCommand of the sovereign, backed by sanctionToo rigid, and ignores custom
SalmondPrinciples that courts apply to administer justiceCircular definition
HollandGeneral rule of external conduct, enforced by the sovereignNarrow scope

Definition of Law for India

  1. Salmond's definition is a good fit for India. The Indian legal system is court-centred. The Constitution, statutes, customs and precedents are all applied by courts. Under Article 141, the law declared by the Supreme Court binds all courts in India.
  2. In India, law can be understood as a body of rules that courts recognise and enforce in the administration of justice.

"Law" and "A Law"

  1. "Law" means the whole legal system, and "a law" means one particular rule. Law is abstract and general. A law is concrete and specific. Law is a genus, and a law is a species.
Good to knowThe Latin words show the same difference. Jus means law as a whole, and lex means a particular enacted law.
Law and a law
BasisLawA law
MeaningThe whole legal systemA particular rule
ScopeAbstract and generalConcrete and specific
ExampleThe Indian legal systemThe Indian Penal Code, 1860, now the Bharatiya Nyaya Sanhita, 2023

Nature of Law

  1. Law is a rule of human conduct. It regulates external actions, and not inner thoughts. Law punishes theft, which is Section 378 of the Indian Penal Code and now Section 303 of the Bharatiya Nyaya Sanhita, 2023. It does not punish the mere intention to steal.
  2. Law is enforced by the State. It is backed by the coercive authority of the State. Without enforcement, a rule remains a moral or social norm.
  3. Law is concerned with justice. The administration of justice is the core function of law. Courts apply law to secure fairness and equity.
  4. Law is dynamic. It changes with social, economic and political conditions. Untouchability was abolished by Article 17, and the courts have accepted live-in relationships. In S. Khushboo v. Kanniammal (2010), the Supreme Court held that living together is not an offence.
  5. Law is both command and reason. It has sanctions, but it also rests on reason, logic and social welfare.

Kinds of Law

Law is a wide concept. Jurists have classified it on different bases, such as human action, the character of persons, authority and the nature of rules. The classification helps us see the scope and purpose of law.

Classification Based on Human Action

  1. Divine law is law that people believe God has given. It rests on religious faith and spiritual authority, and not on the State. It governs moral, religious and ethical conduct, and it is regarded as superior to human-made law. The Quran, the Bible and the Manusmriti are examples of sources that followers treat as divine law. Divine law mainly influences personal laws and moral standards.
  2. Human law is law that human authorities make to regulate conduct. Austin divided it into two kinds:
    • Positive law: rules enforced by the authority of the State. They are made by the sovereign or the legislature, enforced by courts and backed by legal sanctions. The Indian Penal Code, the Indian Contract Act and the constitutional provisions are examples. This is law in the strict sense.
    • Positive morality: rules of morality enforced by an indeterminate authority, such as social pressure or conscience. Courts do not enforce them. The moral duty to speak the truth and social customs that have no legal sanction are examples.
  3. Human conduct is therefore regulated by both law and morality. Only law is enforced by the State.

Classification Based on the Character of Persons

KindMeaningExamples
Private lawDeals with relations between individuals, and with private rights and obligationsSubstantive law and procedural law
Substantive lawDefines rights and duties, and decides what is lawfulLaw of contract, law of property
Procedural lawLays down the method of enforcing rightsCode of Civil Procedure, 1908. The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023.
Public lawGoverns the relationship between the State and individuals, and protects the public interestConstitutional law and administrative law
Constitutional lawDeals with the structure and powers of the State, and the rights and duties of citizensThe Constitution of India
Administrative lawRegulates the working of administrative authorities and controls their discretionary powersRules on tribunals and public bodies

Austin's Classification

  1. Positive law:

    Commands of the sovereign. They are enforced by sanctions and recognised by courts. Penal laws and civil laws are examples.

  2. Positive morality:

    Rules of morality enforced by social opinion. Courts do not enforce them. Austin excludes positive morality from the definition of law.

  3. Austin also named two other groups. Laws set by God to men are divine laws. Laws that are called law only by analogy, such as the rules of fashion, are not law in the strict sense. He placed international law in the group of positive morality, which many jurists reject.

Montesquieu's Classification

  1. Montesquieu used "law" in its widest sense. In The Spirit of the Laws (1748), he described laws as the necessary relations that arise from the nature of things. On this wide view, God, the physical world and human beings all have laws.
  2. He divided laws into three groups. Divine law is law given by God. Physical law is the law of nature. Human law covers the laws that people make, such as the law of nations, political law and civil law.
  3. His main point was that laws vary with climate, culture and society. A good law suits the people for whom it is made.

Salmond's Classification

  1. Salmond classified law in a broad and realistic way. Unlike Austin, he did not confine law to commands of the sovereign backed by sanction. He saw that "law" is used in different senses. He included customs, conventions, moral principles, technical rules and international norms, as long as courts recognise and apply them.
  2. Imperative law: Rules imposed by authority and enforced by sanctions. They command some conduct and forbid other conduct. A large part of law is imperative, but Salmond rejected Austin's view that all law is command. It includes civil law, criminal law, constitutional law and administrative law.
    • Civil law deals with private rights and obligations. Its aim is compensation and the enforcement of rights, and not punishment. Contract law, property law and family law are examples.
    • Criminal law deals with offences against the State. Its aim is to punish offenders and keep public order. Murder (IPC Section 302, now BNS Section 103), theft (IPC Section 378, now BNS Section 303) and cheating (IPC Section 415, now BNS Section 318) are examples.
  3. Physical or scientific law: Laws of nature that describe how nature behaves. They are not commands, they have no sanctions, and no one can break them on purpose. They are called laws only in a figurative sense. The law of gravity and Newton's laws of motion are examples. They are not legal laws, but Salmond includes them because the word "law" is often used so widely.
  4. Natural or moral law: Principles of justice, reason and good conscience. The State does not enact them. They are universal and ideal, and they deal with what the law ought to be. They are not directly enforceable, but they inspire legislation, guide judicial interpretation and influence constitutional values. The principles of justice, equity and fairness are examples.
  5. Conventional law: Rules that arise from agreement or understanding. They bind because people accept them. They rest on consent, and the State does not originally enforce them. Club rules and trade usages are examples. When courts recognise them, they acquire legal force.
  6. Customary law: Customs that gain binding force by long use and judicial recognition. A custom must be ancient, certain, reasonable and continuously observed, and the courts must recognise it. In Ramalakshmi Ammal v. Sivanatha Perumal Pillai (Privy Council, 1872), the court held that a custom must be ancient, certain and reasonable to be law. Hindu customs that are recognised under Hindu law are an example.
  7. Practical or technical law: Rules that govern specialised professions. They keep discipline, ethics and standards in a field. Medical ethics and the rules of professional conduct for advocates are examples. In Ex-Capt. Harish Uppal v. Union of India (2002), the Supreme Court held that advocates have no right to strike, which shows professional rules being enforced by courts.
  8. International law: Rules governing the conduct of States in their relations with each other. It rests on treaties, conventions and international custom. It has no sovereign authority and no compulsory sanction, and States observe it by consent and good faith. The United Nations Charter and international treaties are examples. Salmond treated it as law because nations generally accept it.
    • Prize law is a branch of it. It deals with the capture of enemy property at sea during war and with the rights over that property. Special prize courts decide such cases. In The Zamora (Privy Council, 1916), the court held that prize courts apply international law, and not merely the orders of their own government.

Purpose and Functions of Law

  1. Law maintains law and order. It regulates conduct and prevents disorder. Sanctions discourage unlawful behaviour and keep the peace.
  2. Law provides for the administration of justice. It offers a way to settle disputes, and courts secure fairness and equity through legal procedure.
  3. Law protects rights. It protects the fundamental, legal and civil rights of individuals, and it gives remedies when they are violated.
  4. Law controls society. It checks anti-social behaviour and keeps discipline, stability and harmony.
  5. Law promotes social welfare. It protects weaker sections of society and secures public interest and social security.

Law as an Instrument of Social Change

  1. Law can remove social evils and reform customs. It reflects changing social needs and values. Through it, society moves towards justice, liberty, equality and human dignity.
  2. Indian examples show law leading change.
Law leading social change in India
ChangeLaw and case
Ending untouchabilityArticle 17 of the Constitution, and the Protection of Civil Rights Act, 1955
Stopping dowryDowry Prohibition Act, 1961
Education for childrenArticle 21A, and the Right of Children to Free and Compulsory Education Act, 2009
Equal rights for daughters in family propertyHindu Succession (Amendment) Act, 2005. In Vineeta Sharma v. Rakesh Sharma (2020), the Supreme Court held that daughters are coparceners by birth.
Ending instant triple talaqIn Shayara Bano v. Union of India (2017), the Supreme Court held the practice unconstitutional. Parliament then passed the Muslim Women (Protection of Rights on Marriage) Act, 2019.

Advantages and Disadvantages of Law

  1. Advantages of law:
    • It ensures order and stability in society.
    • It protects individual rights and gives remedies.
    • It promotes justice and equality.
    • It is a safeguard against the arbitrary use of power.
  2. Disadvantages of law:
    • It may be rigid, which makes adaptation difficult.
    • It often lags behind social change.
    • Too many technicalities and procedures may defeat justice.

Leading Case Laws

Kesavananda Bharati v. State of Kerala (1973)
FactsConstitutional amendments on property were challenged.
Decision and principleEven Parliament is bound by the basic structure. A sovereign can be limited, which Austin's definition cannot explain.
Ramalakshmi Ammal v. Sivanatha Perumal Pillai (Privy Council, 1872)
FactsA dispute over a family custom of adoption.
Decision and principleA custom is law only if it is ancient, certain and reasonable.
The Zamora (Privy Council, 1916)
FactsA Swedish ship was seized in wartime.
Decision and principlePrize courts apply international law, and not only their own government's orders.
S. Khushboo v. Kanniammal (2010)
FactsAn actress was prosecuted over remarks on pre-marital sex and living together.
Decision and principleLiving together is not an offence. Law regulates conduct, and not moral views.
Ex-Capt. Harish Uppal v. Union of India (2002)
FactsLawyers' strikes were challenged.
Decision and principleAdvocates have no right to strike. Professional rules are enforced by courts.
Shayara Bano v. Union of India (2017)
FactsInstant triple talaq was challenged.
Decision and principleThe practice was held unconstitutional, and Parliament legislated in 2019. Law drives social change.

Conclusion

Law is an essential instrument for keeping social order and administering justice. It is closely linked with morality, justice and social needs. Law is not perfect, but it keeps evolving to meet the changing needs of society.

A clear understanding of the nature, kinds, functions and limits of law shows its role in human civilisation and governance.

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