Law is a Mean and Not an End
Hi,nowadays we are studying about Law.While studying Law we must know that " Law is a Mean and Not an End"
Law is a code of Human conduct.Law is above all.Law makes no differentiation between the rich and poor people. Law is the Guardian of Equality and the Nurse of the rights of Men.
Some Jurists Theory to explain the Law :
Austin Theory of Law:
Austin says that,'LAw is the product of the soverign consists of commands set as general rules of conduct by a sovereign to a member or members of the independent political society wherein the author of law is supreme'.
According to him,Law is a Legal rule consists of two parts:namely the first ,a general command stating the requirement and the second, a sanction providing that if the command is not obeyed force will be employed against the person.It is a sole source of law.
Salmond Theory of Law:
Salmond defines law as 'the body of priniciples recognised and applied by the state in the administration of justice.It made by Legislation and arise out of popular practice.Their legal character becomes patent,only when their are applied by a court in the administration of justice.Law is the instrument of justice and the attainment of the end of justice in the judicial administration.Salmond,like Austin,has defined Law with reference to its source,but he gives preference to courts,instead of to the sovereign or legislature.
Kelsen's Pure Theory of Law:
Kelsen's Pure Theory of Law is a distinct improvement upon Austin's theory.It has clear of many of the pitfalls encountered by Austinians.According to him Law is not the command of personal sovereign but a hypothetical judgement with a sanction,the non observance of the conduct prescribed to Austin Law.But for Kelsen,the state merely symbolizes the unity of the legal order and is only a synonyn for the legal order itself.So there is no distinction between Law and the State.
Law and Society:
Law is a Phenomenon.When human beings associate themselves in various forms of activity they constitute a society.In the form of society rules exists and later it changes as customs.The custom emerges as Law.Law is essentially a social phenomenon.Thus,Law is a Code of Conduct to regulate the society.
Law is Means and Not an End:
Law is the instrument of justice (or) means to Justice.According to Sir John Salomnd the administration of justice is to fixed the priniciples of law.A Legal system ensures uniformity and certanity and impartiality in the administrationof justice.
Law can be used as a powerful instrument of social changes.Law is Means and Not an End.For example,Dowry Prohibition Act was passed to control the dowry demands and harassment.Indian Penal Code which speaks about the offences and punishments,it is an instrument to control crimes and protect the people and to give them justice.So the End is the Justice.
So,Justice is the end of Government and the civil Liberty.Law is the Means.Law as a guide to conduct would become utterly futile if it were not certain and known to the people.The judges knowing the rules which can enforce the law of uniformity and the citizens knowing them can shape their conduct.
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