1.0 Introduction
Impossibility is not reality but fallacy; it is lack of consistent determination to explore1. The discovery of the meaning of law is not one incapable of being made, if the mind is willing to travel far and wide, to and fro legal horizons, without wariness in times. On the contrary, scholars have expressed the futility of efforts aimed at ascertaining the meaning of law. Some even take it as irrelevant adventure which leads its adventurers to no meaningful destination.
The resignation to impossibility expressed by those scholars have cast aspersions on the minds of contemporary scholars. Thereby discouraging any serious attempts at discoverying the meaning of law. As a student of law, this writer has found it very hard to go with the flow and does not buy the notion that the meaning of law cannot be ascertained. To agree to that will amount to academic sabotage on the evolving legal minds.
The primary aim of this writer is to offer an acceptable definition of law. The specific objectives are to show the different senses law has been used, the brief summary of theories of law and to answer the question of what law is according to the writer. The scope of this work does not extend to examination of the definitions of law offered by other scholars nor detailed consideration of theories of law.
2.0 The Senses Of Law
The terminology “Law” has been used in two senses – general, universal, broad or wide and particular, specific, practical, technical, strict or narrow. Firstly, in a general, universal, broad or wide sense, law is a rule of action as in law of sciences such as ohm’s law of electricity, law of gravity, law of demand and supply and law of God. Law in this sense is not the law and the law is not law as it remains legally unenforceable as a rule or rules of morality, rationality, spirituality or religion for lack of the idea of legal obligation in contemporary time.
Secondly, in a particular, specific, practical, technical, strict or narrow sense, law is in relation to human actions thereby seen as a complex phenomenon. It is subdivided into two – abstract and concrete. In the abstract sense, law is the entire corpus juris of a state. In the concrete sense, law means particular rules embodied in particular statutes and decisions of courts. It is in the second sense that law is the law and the law is law because it is legally enforceable as a rule or rules of law which involves legal obligation in modern civil era
3.0 The Brief Summary Of Theories Of Law
There have been various schools of thoughts otherwise known as theories of law. Traditionally, some rules are universal rules discoverable by man through reasoning and administered through certain inherent conscious objective faculty. Those rules are known as natural law. The positive rules that are made legally by empowered constituted authorities, persons or body of persons are law as it is and not what law ought to be. Some others are rules emanating from what the officials do which is law. The rules that can be found in decided past cases are also considered by some scholars as law.
Some scholars believe that the patterns or rules used or discoverable from the past are law which should be enforced because there is a national spirit (the volkgeist) of the people which connects their past, present and future. The rules that are in operative in the society which are recognized and accepted by the people are law even though those rules are not formally enacted in statutes because the society is the main determinant and the super engineer or architect of its destiny at a time without any hindrance in toeing the direction that is best for it at any ages
4.0 What Then Is Law According To This Writer?
Many scholars have laboured to offer a definite definition of the term “law” as used above in the second sense. Yet, those definitions or meaning of law have not been satisfying and have been subject of several severe criticisms. It is for this reason that this writer offers an evolutionary definition or meaning of law thus;
“Law is that which embodies right, interest, liberty, power and authority or gives rise to duty, liability and obligation the breach of which is enforceable”
The word “embodies” in the above definition is elastic in usage and includes but not limited to “represents”, “expresses”, “characterizes”, “contains”, “confers”, “declares”, “presents”, “constitutes”, “establishes” etc.
5.0 Conclusion
The writer has offered a definition or meaning of law and discusses various senses the world is law. A brief summary of the theories of law is provided and
Onikeke-Adeniyi M. A. O Is a graduate of Law, Department of Jurisprudence and International Law, Faculty of Law, University of Ilorin. Contact details: onikekemusaabdulgafar@gmail.com, musaabdulgafaroluwasegun@gmail.com, 18-40il068@students.unilorin.edu.ng, or +2348163007928.
6.0 Reference
- Adewale Taiwo and Ifeolu John Koni, Jurisprudence and Legal Theory in Nigeria, 2019,
- Akintunde Olusegun Obilade, The Nigerian Legal System, 201!, spectrum Books limity
- Abiola Sanni, Introduction to Nigerian Legal Method, 2006
