ANALYSIS OF THE VARIOUS SCHOOLS OF THOUGHT IN RELATION TO THE MEANING OF LAW

ANALYSIS OF THE VARIOUS SCHOOLS OF THOUGHT IN RELATION TO THE MEANING OF LAW
ABSTRACT

Law can be defined as the body of rule designed or formulated to guide human actions or conducts which are enforced among the members of a given society, the breach of which attract sanctions.

However, in spite of the ambiguity created in defining law and failure to reach universally acceptable definition of the term law. Therefore, it is most pertinent to examine the meaning of law from the different schools. For instance the natural school lead by Thomus Acquina, he sees law as what is fair, just, right and good. The historical school postulate, that law should be rooted in the people and reflects the common consciousness. To the sociological school, law is the pertinent norm and value in the society while the realist perceived law to be made through the medium of court. Utilitarian sees law to promote utility.

The definitions of law from the above is not all encompassing as Professors Okunniga Once posited

“Nobody including the lawyer is offered, nobody including the lawyer is offering, nobody including the lawyer will be able to offer a definition of law to end all definitions”

On the whole, the definition of law up till the present day is still a subject of controversy among the jurists. A precise and appropriate definition is yet to be given to the meaning of law. It is on this note that this research aimed at analyzing the definitions given by various Scholar of each school Vis-à-vis  the meaning of law, the study is also intended to carryout divergent views among jurists, scholar on the essential needs for universally acceptable definition of law.

To this end, the research consists of five chapters the first chapter, deals with general introduction, the second chapter focuses on the nature and meaning of law chapter three, deals extensively with theories of law while chapter four concentrates on the view of law in Nigeria legal system and the last chapter contains conclusion with recommendations.

CHAPTER 1

GENERAL INTRODUCTION

1.0.0: INTRODUCTION

Man is by nature a social animal desiring the companionship of his fellow and in productive times, he intended to form tribes, groups, or societies, either for self preservation or by reason of a social instinct. If a group or society is to continue, some form of social order is necessary. Rules or laws are thereafter, draw up to ensure that members of the society may live and work together in an orderly and peaceable manner. If the rules or laws are broken, compulsion is used to enforce obedience. Generally, law can be defined as a body of rule designed or formulated to guide human conduct or actions which are enforced among the member of a given state or society.¹

However, in order to answer the questions ‘what is law’ and most particularly or logically give a rational answer arrived at a just conclusion. It is most pertinent to examine the views of different scholars and writers on meaning of law, this view, otherwise known as school of thought, jurisprudence, philosophies of law or theories of law etc. For instance natural school lead by Acquina. He sees law in a simplest form, law is what is fair, just, right and good.² The positivist sees law as laid down by a sovereign or his

agent. This agent may take the form of statute or case laws otherwise called judicial precedent.  To the historical school law is concerned with the study of existing law in relation to its historical root and growth.  The belief of sociological school of thought was that the real law of the society was not what is contained in the formal legal sources such as statute and decided case but the prevalent norms and value in the society.  While to the utilitarian, law seek to promote utility.

It should be noted that there are other schools of thoughts which have assigned various definitions to the term “law”. But in-spite of the varied meaning given to law, answer to the question what is law, seemed to have remained elusive. What should be borne in mind is that it is only when rules represent the notion of good and bad, they are rules of morality. This means that sanction and obligation, are essential element of law. It means that where there is an obligation or duty a breach of it, attracts penal actions which would be imposed against the deviant, at the instance of the injured party which under the rules of criminal procedure, is the state.

1.1.0:   BACKGROUND OF THE STUDY

Very few, if any, areas of law are speared the problem of definitions, even the meaning of the phenomenon law is not settled with any clear finality. According to Hart, few questions concerning human society have been asked with much persistence, and answered by serious thinker in many diverse strange and even paradoxical ways as the question “what is law”.³ So it is that much energy has been dissipated in an attempt to find a satisfactory answer to this apparently simple question. Fortunately, the question may not be of equal practical significance in the determination of rights and settle disputes. A claimant in Tort, for instance will be more concerned with showing the constituent elements of an alleged tort than the definition of law which would have little or no bearing on his action.

Department: Law
Format: Microsoft Word

Chapters: 1 - 5, Preliminary Pages, Abstract, Bibliography.
Delivery: Email

No. of Pages: 96

Price: 3000 NGN

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