Why, What, How is Law?
1) Why Law? (Purpose)
- Order & Stability: Enables peaceful social life; reduces conflict.
- Justice & Rights: Protects liberties; punishes wrongdoing; resolves disputes.
- Guidance: Clarifies what is permitted/prohibited.
- Social Change: Drives reform and adapts to new values/technology.
Without law, society risks “might is right.” Law balances freedom with responsibility.
2) What is Law? (Nature & Definitions)
- Simple definition: A system of rules created/recognized by authority and enforced by the State to regulate behavior and resolve conflicts.
- Key jurisprudential views:
- Natural Law (Aquinas): Law grounded in morality and reason.
- Positivism (Austin): Command of the sovereign backed by sanctions.
- Sociological (Roscoe Pound): Tool to balance competing social interests.
- Indian context: Constitutional and statutory rules (e.g., BNS/Acts) enforced for justice, order, welfare.
3) How Law Works? (Process & Institutions)
- Creation: Legislatures enact statutes; courts create precedents.
- Interpretation: Judiciary applies and interprets laws in cases.
- Enforcement: Executive agencies (police, regulators) implement and ensure compliance.
- Evolution: Amendments, judgments, and reforms keep law relevant.
Example (India): A statute defines an offence → Police investigate → Prosecution files case → Courts interpret and decide → Sentence/relief enforced.
Quick Summary Table
| Dimension | Core Question | One-Line Answer |
|---|---|---|
| Why | Why does law exist? | To secure justice, order, guidance, and social progress. |
| What | What is law? | A State-enforced system of rules regulating conduct. |
| How | How does law operate? | Via legislation, adjudication, enforcement, and continual reform. |