Question

Rule of product so established as to justify a prediction with reasonable certainty which will be enforced by Courts. This type of definition of law comes under the class.

• A. Sociological definition of law
• B. Reallist definition of law
• C. Historical definition of law
• D. None of the above

Answer 1

Answer: (B)

Reallist definition of law

The jurisprudence of law gave birth to different schools of jurisprudence such as:

• Natural school of law which says that to actually understand a certain law, an individual must be aware of its purpose and to comprehend the true nature of law, one must consult the courts and not the legislature.
  
• Historical school propounded by Savigny which said that Law is a matter of unconscious and organic growth and the nature of law is not universal. Just like language, it varies with people and age.
  
• Under Positivistic definition of law by John Austin, law is the aggregate set of rules set by a man as politically superior, or sovereign to men, as political subjects.
  
• The Sociological school defines law as “essentially and exclusively as a social fact.” The law is a means of social control. and to serve the purposes of the society and naturally is coercive.
  
• Realist law definition describes the law in terms of judicial processes. As per this school law is a statement of the circumstances in which public force will be brought to bear upon through courts. According to Benjamin Nathan Cardozo “A principle or rule of conduct so established as to justify a prediction with reasonable certainty that it will be enforced by the courts if its authority is challenged, is a principle or rule of law.”