10 Different Definition of Law

John Austin`s definition of law states: “Law is the set of rules established by a man as politically superior or sovereign over men as political subjects.” Therefore, this definition defines the law as a set of rules that must be followed by all, regardless of their stature. Civil courts treat contracts differently in a number of aspects, with a more interventionist role for the state in both the formation and execution of contracts. [202] Compared to common law systems, civil law systems include more binding clauses in contracts, allow the courts greater flexibility in interpreting and revising contractual terms, and impose a stronger duty of good faith, but are also more likely to apply punitive clauses and specific performance of contracts. [202] Nor do they require consideration for the binding nature of a contract. [203] In France, it is said that an ordinary treaty arises simply on the basis of a “meeting of minds” or a “concordance of will”. Germany has a particular approach to treaties that are related to the right to property. Their “principle of abstraction” means that the personal obligation of the contract arises separately from the transferred title deed. If contracts become invalid for any reason (for example, if a car buyer is so drunk that he does not have the legal capacity to enter into a contract)[204], the contractual payment obligation may be declared invalid separately from the vehicle`s right of ownership. The right to unjust enrichment, rather than contract law, is then used to return ownership to the rightful owner.

[205] As the above definitions of law indicate, human behavior in society is controlled by law. It helps in cooperation between the members of a society. The law also helps to avoid potential conflicts of interest and also helps to resolve them. Although the role of the executive varies from country to country, it will usually propose the majority of laws and propose a government program. In presidential systems, the executive branch often has the power to veto laws. Most of the leaders of both systems are responsible for external relations, the army and police, and the bureaucracy. Ministers or other officials run the public functions of a country, such as a Ministry of Foreign Affairs or a Ministry of Defence. The election of another executive is therefore capable of revolutionizing the approach of the government of an entire country. The definition of law is a rule of conduct developed by the government or society in a particular area. The law follows certain practices and customs to deal with crimes, affairs, social relations, property, finances, etc. The law is controlled and enforced by the supervisory authority. Let us examine in detail the different definitions of the law of the different authors.

There are different methods of legal argumentation (application of the law) and methods of interpretation (interpretation) of the law. The first are the legal sylology that prevails in civil law systems, the analogy that exists in common law legal systems, particularly in the United States, and the argumentative theories that occur in both systems. The latter are different rules (directives) of legal interpretation such as guidelines for linguistic interpretation, teleological interpretation or systemic interpretation, as well as more specific rules, for example the golden rule or the rule of nonsense. There are also many other arguments and canons of interpretation that allow for a comprehensive legal interpretation. The law is a system of rules created and enforced by social or state institutions to regulate behavior,[2] with its precise definition being the subject of long-standing debate. [3] [4] [5] It has been variously described as a science[6][7] and the art of justice. [8] [9] [10] Laws enforced by the state may be enacted by a group legislature or by a single legislature, which gives rise to laws; by the executive by decrees and ordinances; or established by judges by precedents, usually in common law jurisdictions. Individuals may enter into legally binding contracts, including arbitration agreements that offer alternative means of resolving disputes to standard court procedures. The creation of the laws themselves may be influenced by a written or tacit constitution and the rights enshrined therein. Law shapes politics, economics, history and society in many ways and mediates relations between peoples. All legal systems deal with the same fundamental issues, but jurisdictions classify and identify their legal issues in different ways.

A common distinction is between “public law” (a term closely related to the state that includes constitutional, administrative and criminal law) and “private law” (which includes contract law, tort and property). [171] In civil law systems, contracts and torts fall under a general law of obligations, while trust law is dealt with in accordance with legal regulations or international conventions. International, constitutional and administrative law, criminal law, contracts, tort, property law and trusts are considered “traditional basic matters”[172], although there are many other disciplines.