Meaning, Nature, and Functions of Law

1. Introduction
The term “Law’ denotes different kinds of rules and Principles. Law is an instrument that
regulates human conduct/behavior. Law means Justice, Morality, Reason, Order, and
righteousness from the viewpoint of society. Law means Statutes, Acts, Rules, Regulations,
Orders, and Ordinances from the point of view of the legislature. Law means Rules of Court,
Decrees, Judgments, Orders of courts, and Injunctions from the point of view of Judges.
Therefore, Law is a broader term that includes Acts, Statutes, Rules, Regulations, Orders,
Ordinances, Justice, Morality, Reason, Righteous, Rules of court, Decrees, Judgment, Orders of
courts, Injunctions, Tort, Jurisprudence, Legal theory, etc.
2. Meaning of Law
In old English “Lagu” i.e. law, ordinance, rule, regulation from old norse “lagu” law collective
Plural of “Lag” is layer, measure, stroke ‘Literally’ something laid down or fixed.
The term law has different meanings in different Places/societies at various times (as it is subject
to amendments). In the Hindu religion, the law implies “Dharma” in Muhammadan religion
(Islam) it is “Hokum” in Roman its “Jus”, in French, its “Droit” in Arabic, Alqanoon, in Persian
and Turkish, it is Kunoon, in Latin its “Legam” in Philipino its “Batas” in the Albanian language
its “Ligj” in Czech its “Zakon” in Danish its “Lor” in Dutch its “Wet” in Italian its “Legge” and
in Lithuanian its “Teise” and so on.
It varies from place to place in the sense that adultery is an offense in Pakistan (under section
497 of the Pakistan penal code, 1860) while it is no offense in America. The law differs from
religion to religion in personal laws viz. Hindu law, Muslim law, etc. differ from one another.
For instance, A Muslim can have four wives living at a time, but, a Hindu can have only one
wife living at a time (Monogamy).
If a Hindu male marries again during the lifetime of his first wife he is declared guilty of the
offence of bigamy and is Punishable under sec. 494. The law is subject to change with the
change in society and also change in the Government/legislative through the amendments/Acts.

Definitions of law:-
Generally, the term law is used to mean three things:
First, it is used to mean “legal order”. It represents the regime of adjusting relations and
ordering conduct by the systematic application of the force of organized political society.
Secondly, the law means the whole body of legal Percepts which exists in a politically
organized society.
Thirdly, law is used to mean all official control in a politically organized society. This leads to
the actual administration of Justice as contrasted with the authoritative material for the Guidance
of Judicial action. Law in its narrowest or strict sense is the civil law or the law of the land.
It is very difficult to define the term law. Many Jurists attempted to define the term law. For
clarity, some of the definitions given by Jurists in different Periods are categorized as follows:
Salmond: - According to Salmond “The law may be defined as the body of principles
recognized and applied by the state in the administration of Justice.

Black's Law Dictionary defines law as "a body of rules of action or conduct prescribed by
controlling authority, and having binding legal force."

In other words, laws are the rules and guidelines established by a governing body that
individuals and institutions are required to follow. They are enforced by judicial authorities and
exist to regulate behavior, resolve disputes, and protect rights within a society.

Above stated definition emphasizes that laws are not merely suggestions but are compulsory,
carrying consequences for those who violate them.

Origin of law

The origin of law dates back to ancient civilizations, where societies created rules to maintain
order and resolve conflicts. Early forms of law emerged as customary practices, religious codes,
and royal decrees. Some of the earliest known legal systems include:

1. Code of Ur-Nammu (circa 2100-2050 BCE): One of the oldest known legal codes from
ancient Mesopotamia, laying out rules for compensation and justice.
2. Code of Hammurabi (circa 1754 BCE): A well-preserved Babylonian law code, famous
for its "eye for an eye" principle, which established standards for justice and fairness.
3. Roman Law: The Romans developed a sophisticated legal system that influenced
modern Western law. Roman law introduced concepts like "jus civile" (civil law) and
"jus gentium" (law of nations), laying the foundation for contemporary legal frameworks.
4. Religious Laws: Ancient religious codes, such as the Ten Commandments in the Judeo-
Christian tradition and the Dharmashastra in Hinduism, provided moral guidelines and
legal rules for their followers.
5. Islamic law: Islamic law also known as Sharia, can be traced back to the time of Prophet
Muhammad (570–632 CE) and the revelations of the Quran, which form the primary
source of law in Islam. Islamic law developed gradually over the early centuries of Islam
as the Muslim community expanded and encountered new legal, social, and ethical
challenges.

As civilizations advanced, law evolved from these early forms into more organized legal
systems, such as English common law and continental civil law, which shaped modern legal
traditions. The development of law reflects the progression of human societies seeking justice,
fairness, and order.

Nature of law
What is the nature of law? This question has occupied center stage in Jurisprudence and
philosophy of law in the modern era and has been the central occupation of contemporary
analytic Jurisprudence. This entry in the legal theory Lexicon aims to give an overview of the
“what is law” debate.
Historically, the answer to the question, “What is Law” is thought to have two competing
answers. The classical answer is provided by natural law theory, which is frequently
characterized as asserting that there is an essential relationship between law morality, and
Justice.
 The modern answer is provided by legal positivism, which asserts that law is the
command of the sovereign backed by the threat of punishment.
 Contemporary debates over the nature of law focus on a revised set of positions legal
positivism is represented by Analytical legal positivists.
 The natural law tradition is defined by John Punis and a new position, interpretivism is
represented by the work of the late Ronald Dworkin.
 In some ways, the title of this lexicon entry is misleading because of the focus on the
“what is law” question as it has been approached by contemporary legal philosophers.
Other important perspectives on the nature of law focus on the law’s functions rather than the
meaning of the concept for criteria of legal validity. This vocabulary entry maps the territory of
the “What is Law”? Controversy, and provides introductory sketches of the major positions as
always, the lexicon is written for law students.

Functions of law
Ever since the dawn of Human civilization, mankind has had some sort of rule that they used to:
Govern in society laws set the standard in which we should live if we want to be part of society.
 The law sets up rules and regulations for society so that we can have freedom, gives
Justice to those who were wronged, and it set up that it protects us from our Government.
 Most importantly the law also provides a mechanism to resolve disputes arising from
those duties and rights and allows parties to enforce promises in a court of law.
 The law is a body of rules of action or conduct prescribed by controlling authority and
having legally binding forces.
 Laws are created because they help prevent chaos from happening within the business
environment as well as society. In business, the law sets guidelines regarding
employment regulations, compliance, and even inter-office regulations.

Role of law in various fields of life:

Role of law in Society:-
Without law, our society would be a chaotic, uncivilized mess and anarchy would reign supreme.
The role that law has in society is that it creates a norm of conduct in the society we live in laws
are made to protect its citizens from harm. It is set in a way that all citizens are given equal
opportunity, and protection from harm no matter their race, Gender, religion, and social standing.
Under the law, all its citizens are guaranteed equal protection. In society, laws are made to
promote the common good for everyone. That sets up a Guideline for everyone in society to act
in a way that brings the Greater Good. Everyone acted without thinking about the Greater Good,
society would revert to those days where survival of the fittest was the common sight. We live in
a world where we have a finite amount of resources that should be shared or used. Laws are
made on how to manage these and how we resolve issues that arise over these resources. If no
laws were in place these sources would be controlled by the string and the wealthy.
Role of law in Business:-
The rule of law plays an important role in the business world when set setting a business it is the
laws that determine what type of business it is to become, and the structure is to be formed.
Also, the law sets up a reasonable expectation on how the business should operate to protect the
business owner’s interest of the Customer of that business. The rule of law not only allows
people to understand what is expected of them in their capacities but also sets forth rules for
business so that they, too know what is expected of them in their dealings and transactions. The
law protects those who work for a business. It sets Guidelines for how to treat your employees,
equal opportunities, pay scale, hours, breaks, benefits, and long with a host of other rights and
privileges. In short, the laws for business create an honest environment where consumers' and
business owner's interests can be protected and we have ways to solve any disputes that arise. If
these laws are in any way violated they set up Guidelines for punishment.
Role of law in Computer science:
The role of law in the field of computer science has become increasingly vital as technology
continues to evolve. Laws regulate the use, development, and distribution of technology,
ensuring that innovations in computer science are ethical, secure, and respect individuals' rights.
Intellectual property law protects software and algorithms, giving developers ownership over
their creations while preventing unauthorized use or piracy. Data protection and privacy laws,
such as GDPR, govern how organizations collect, store, and process personal information,
ensuring that sensitive data is handled responsibly. Cybersecurity regulations establish standards
to prevent cyberattacks, safeguard information systems, and ensure accountability in case of
breaches. Additionally, laws surrounding artificial intelligence (AI) are emerging to ensure that
AI systems are developed and used in ways that are transparent, fair, and non-discriminatory.
Legal frameworks are also critical in addressing issues such as digital ethics, cybercrime, and the
responsible use of emerging technologies like blockchain. Ultimately, the law serves as a bridge
between technological advancement and societal well-being, ensuring that progress in computer
science aligns with broader public interests and rights.
Role of law in software engineering;
The role of law in software engineering is critical for ensuring the ethical, legal, and secure
development of technology. Laws and regulations provide a framework that governs intellectual
property rights, data privacy, and cybersecurity, ensuring that software products are developed
responsibly and that users' rights are protected. For instance, intellectual property laws, such as
patents and copyrights, protect software developers’ innovations and creations, preventing
unauthorized use or duplication. Additionally, privacy laws like GDPR (General Data Protection
Regulation) in Europe and CCPA (California Consumer Privacy Act) in the U.S. require
developers to design systems that safeguard users' personal information.
Moreover, compliance with security regulations, such as HIPAA (Health Insurance Portability
and Accountability Act) for healthcare software, ensures that sensitive data is adequately
protected from breaches. The law also addresses issues of liability and accountability in software
engineering, particularly when software failures lead to harm or financial losses. Contracts and
licensing agreements govern the use, distribution, and maintenance of software, ensuring that
both developers and users understand their rights and responsibilities. Thus, legal frameworks
are indispensable in fostering a trustworthy, fair, and secure environment for software innovation
and use.

Main Sources of Law

The main sources of law are the foundations upon which legal systems are built. They provide
the rules, guidelines, and principles that govern society. The primary sources of law include:
1. Constitution
- The Constitution is the supreme law of the land in many countries. It outlines the fundamental
principles, rights, and powers of the government. All other laws must conform to the
Constitution.
- Example: The U.S. Constitution or the Constitution of the Islamic Republic of Pakistan.
2. Legislation (Statutory Law)
- Legislation refers to laws that are formally enacted by a legislative body, such as a parliament
or congress. These include statutes, acts, and ordinances.
- Examples: The Clean Air Act (U.S.), and the Consumer Protection Act.
3. Judicial Precedent (Case Law)
- Judicial precedent, also known as “stare decisis”, refers to laws established through court
decisions. Courts interpret laws, and those interpretations can set binding precedents for future
cases.
- Example: The landmark U.S. Supreme Court case “Brown v. Board of Education”.
4. Regulations (Administrative Law)
- Regulations are laws created by government agencies based on statutes. These agencies are
often given the authority to develop detailed rules and regulations necessary for enforcing
legislation.
- Example: Rules made by the Environmental Protection Agency (EPA) in the U.S.
5. Customary Law
- Customary law refers to long-established practices or traditions that, over time, have gained
legal force. In some countries, especially those with indigenous populations or traditional
societies, customary law can coexist with formal legal systems.
- Example: Indigenous laws in countries like New Zealand or South Africa.
6. International Law
- International law consists of treaties, agreements, and conventions between countries that
govern their relationships and obligations toward each other. It includes both “public”
international law (relations between nations) and “private” international law (conflicts of law
involving individuals and entities from different countries).
- Example: The United Nations Charter or the Geneva Conventions.
7. Religious Law
- In some legal systems, religious texts or doctrines serve as sources of law. This is common in
theocratic systems where religious and legal institutions overlap.
- Example: Islamic Sharia law, Jewish Halakha, or Canon law in the Roman Catholic Church.
Each legal system may prioritize these sources differently, depending on the country and its form
of government.

Kinds of law
Introduction:
Law is used in different senses. The use of the term “law” is made in various senses. It denotes
different kinds of rules and Principles.
Blackstone says “Law in its most general and comprehensive sense signifies a rule of action and
is applied indiscriminately to all kinds of action whether, animate, rational, irrational. Thus we
say the law of motion of gravitation of optics or Mechanics, as well as the law of nature and
nations” helps understand the different senses in which “law” is used in various fields of
knowledge.
Kinds of Law by Sir John Salmond
Sir John Salmond refers to eight kinds of law
1. Imperative law
2. Physical or scientific law
3. Natural or moral law
4. Conventional law
 5. Customary law
6. Practical or technical law
7. International law, and
8. Civil law
1. Imperative law
Imperative law means a rule of action imposed by some authority that enforces obedience to it.
In other words, it is a command enforced by some superior power either physically or in any
other form of compulsion.
Kinds of Imperative law:-
There are two kinds of imperative law, Divine or human
1. Divine laws
2. Human laws
1. Divine laws consist of the commands imposed by God upon men either by threats of
Punishment or by hope of his blessings.
2. Human laws are the laws by analogy
a) Imperative law imposed and enforced by the State is called “Civil law”
b) Imperative law imposed and enforced by members of society is “Moral law”
c) Those imposed and enforced by different institutions or autonomous bodies like
Universities, airline companies, etc. are called “Autonomic laws”
d) Those imposed upon States by the society of States are called “International
law”
2-The physical or scientific law
Physical laws are the expressions of the
1. Uniformities of nature and General Principles Expressing the
2. Regularity, and
3. Harmony is observable in the activities and operations of the universe.
They are not the creation of men and cannot be changed by them. Human laws change from
time to time and from country to country but physical laws are invariable forever. The uniform
actions of human beings, such as the law of psychology, also fall into this class they express not
what man ought to do, but what they do.
3. Practical or Technical law:-
It consists of Principles and rules for the attainment of certain ends e.g. laws of health, laws of
architecture. These rules guide us to what we ought to do to attain certain ends.
4. Natural or Moral law:-
It has various other names such as, “the Moral law” “Divine law” “God Law” ‘universal or
eternal law, and “law of reason” etc. “natural law means the principles of natural right and wrong
(the Principles of natural Justice)”. Natural laws have been called
a) Divine law: - commands of God imposed upon men. Law of Reason i.e. being
established by that reason by which the world is governed.
b) Unwritten law:- (as being written not on brazen tables or a pillar of stone but by the
finger of nature in the hearts of people. universal or common law (being of universal
validity)
c) Eternal law (being uncreated and invariable)
d) Moral law (being the expression of the Principles of morality)
5. Conventional law:-
The body of rules agreed upon and followed by the concerned parties to regulate their mutual
conduct. It is a form of special law and law for the parties which can be made valid or enforced
through an agreement.
A Good example of conventional law is International law, the laws of cricket or any other game,
rules of clubs. It has been father divided into two groups which are:-
a) Rules enforced by the parties themselves but not recognized by the State e.g. the rules of
Hokey
b) Rules that are recognized and enforced by the State, e.g. contract, etc.
6. Customary law:-
Customary laws are those rules of custom that are habitually followed by the majority of the
persons subject to them in the belief of a binding nature.
According to Salmond, customary law means “any rules of action which are observed by men
(any rule which is the expression of some actual uniformity of voluntary action)”. When a
custom is firmly established it is enforced by the authority of the State. Custom is not law by
itself but an important source of law only those customs acquire the force of law, which is
recognized by the courts.
7. International law:-
International law is the body of Principles and rules that civilized States consider as binding
upon them in their mutual relations. “It can be the name for the body of customary and
conventional rules, which are considered legally binding by civilized States in their intercourse
with each other”. According to Salmond, it is considered these rules which the sovereign States
have agreed to observe in their dealings with one another.
International agreements are of two types:
They are either expressed or implied.
Express agreements are contained in treaties and conventions, while implied agreements are to
be found in the custom or practice of the States. International law is of two kinds:
a) I: Public International law: It prevails universally all over the world.
b) II: Private International Law: It is enforced only between some States.
8. Civil Law
It is the law of the States regarding the land “Civil Law” according to Salmond, is “the law of
State of or the law of the land, the law of lawyers and the law of the courts”. Civil law is the
positive law, or law of the land which means the law as it exists. It is backed by the force and
might of the State for purposes of enforcement. Civil law differs from special law as the latter
applies only in special circumstances the other terms used for civil law are Municipal Law and
national law.

CLASSIFICATION OF LAW
1. Introduction
The etymological meaning of classification is “the process of putting something into category”
or the basic cognitive process of arranging into classes or categories. For a proper and logical
understanding of law, its classification becomes necessary. As it elucidates the way of the
systematic logical structure of the legal order. It explicates the interrelation of rules and their
effect on each other. It analyzes the law that intern is helpful in the codification of laws it is an
arrangement of rules concisely and systematically.
Origin and Meaning of the Classification of Law
The notion of classification is very old. The classification was first made by Roman Jurists. The
ancient Hindu Jurists also laid down eighteen titles or heads of civil law. They distinguished civil
and criminal law and classified crime law under various heads. It can be mainly divided into:
(1) International Law, and
(2) Municipal or National law
International law:- The Present form of international law is of recent origin some earlier Jurists
were of the view that international law is not law as it lacked many elements that law should
have. Austin and his supporters were of this view. Some say international law is law and it is
superior to municipal law Kelson supports this view.
What is International Law?
The legal process that concerns legal relations among nations is called international law. Belief
and experience in some form of international law dates from at least the days of the Roman
Empire. The United Nations is are of the Primary mechanisms that articulate and create
international law.
The major sources of international law are multilateral Treaties, international customs, and such
General Principles as are recognized by civilized nations.
According to some Jurists international law may be divided into two classes.
(1) Public international law, and
(2) Private international law
(1) Public international law is that body of rules that govern the conduct and relations of
States with others, really speaking; the term international law is used for this class of law.
(2) Private international law means those rules and Principles according to which the cases
having foreign elements are decided for example, if a contract is made between an Indian and
Pakistani and it is to be performed the rule and Principles on which the rights and liabilities
of the Parties would be determined would be called Private international law This class of
law is enforced by municipal courts which administer municipal law and not international
law, so, such a law does not process the characteristics of international law
In modern times this class of law has gained much importance and every State has made rules for
its administration. Therefore, it must be properly classified. It is submitted that it should be given
the name “Conflict of Laws” and not private international law and should be treated as a branch
of municipal Private law and should be classified as such: The Municipal law, Law of land, Civil
law, or law applied within a State is divided into two classes:-
(A) PUBLIC LAW
(B) PRIVATE LAW
A) PUBLIC LAW:- The State activities are largely regulated by Public law. It determines and
regulates the organization and functioning of the State and determines the relation of the State
with the subject. Public law may be divided into three classes:-
(A) Constitutional law
(B) Administrative law and
(C) Criminal law

(A) Constitutional law: Constitutional law means that law determines the nature of the State
and the Structure of the Government. It is above and superior to the Ordinary law of the land.
Constitutional law is the basic law or fundamental law of the State. The constitutional law may
be written as in Pakistani or unwritten as in England. In modern times there is a tendency to
adopt a written constitution.
(B) Administrative Law:- Administrative law deals with the structures powers and functions of
organs of the administration, the limits of their Powers, the methods and Procedures followed by
them in exercising their powers and functions; the methods by which their power are controlled
including the legal remedies available to a person against them when his rights are infringed by
their operation.
(C) Criminal law:- Criminal law defines offenses and prescribes punishment for them. Its aim is
the prevention of and punishment for offenses. Criminal law is necessary for the maintenance of
order and peace within the State. In civilized societies, crime is considered to be wrong not only
against the individual (who has been wronged) but also against society. Therefore, the State
initiates the proceedings against the offender, and thus it is always a party in criminal cases. This
is why the criminal law is considered as a branch of public law.
(D) Private Law: - This branch of law regulates and governs the relations of citizens with each
other. The parties in such cases are private individuals and the State through its judicial organ
adjudicates the matters in dispute between them. In these cases, the State takes the position of
only an arbiter. But it does not mean that the State regulates all the conducts and relations of the
citizens but regulates only such of them as are of public importance and these relations (which
the State regulates) constitute the civil rights of the citizens. The major part of municipal law
consists of this branch of law but in Totalitarian States the public law regulates the major part of
the social life.
In the Classification of private law, there is great difficulty. Different Jurists have given different
classifications, a very General classification is as follows:-
1. The Law of Persons
2. The law of Property
3. The law of obligations
4. The conflict of laws
1. The Law of Persons
The Law of Persons deals with the status and legal capacity of individuals and entities in society.
It defines who is recognized as a person by law and determines their rights, duties, and legal
standing. This area of law typically covers concepts such as legal personality, age of majority,
citizenship, and incapacity (e.g., minors or people with mental illness).
Examples:
- Natural persons: A 16-year-old would have limited legal capacity (e.g., cannot vote)
compared to an adult.
- Juristic persons: A corporation, though not a human being, is considered a legal entity capable
of owning property, entering contracts, and suing or being sued.
2. The Law of Property
The Law of Property governs the rights and duties related to the ownership, use, and transfer of
property, whether movable (e.g., cars, jewelry) or immovable (e.g., land, buildings). It also
includes rules on how property can be acquired, possessed, or lost, and distinguishes between
different types of property rights (e.g., ownership, usufruct, leasehold).
Examples:
- Real property: A person who owns a house has the right to sell, rent, or use the house within
the bounds of the law.
- Personal property: A car owner can sell or transfer the vehicle to another person through a
contract of sale.
3. The Law of Obligations
The Law of Obligations involves legal relationships where one party is required to do or refrain
from doing something for the benefit of another. It covers contracts, torts, and unjust enrichment.
Obligations can arise voluntarily (e.g., through a contract) or involuntarily (e.g., by causing harm
through negligence).
Examples:
- Contractual obligation: If A agrees to sell a car to B, A is obligated to deliver the car, and B is
obligated to pay the agreed price.
- Delict/tort: If a driver causes an accident due to reckless driving, they may be obligated to
compensate the injured party.
4. Conflict of Laws
Conflict of Laws (also known as Private International Law) addresses cases where the laws of
two or more jurisdictions could apply. It provides rules to determine which jurisdiction's laws
should govern a legal issue, especially in cross-border disputes involving contracts, family
matters, or torts.
Examples:
- International contract: A business in the USA enters into a contract with a supplier in France.
If a dispute arises, the conflict of laws determines whether U.S. or French law will apply.
- Family law: In cases where a couple from different countries gets divorced, a conflict of laws
will decide which country’s law governs the divorce settlement or child custody.
Each area of law plays a crucial role in organizing legal relationships and ensuring clarity in
disputes or transactions, both domestically and internationally.
The classification is only substantive law. Procedural law and Evidence are also the branches of
Private law.
A chart Presenting the above classification is as below:-
 Law

State law/national law international law

Public law private law

Constitutional law Administrative law criminal law

Law of Person law of Property law of obligations the conflict of

laws

Contract Quasi-contract Tort