As apparent from the title itself, this article seeks to conduct a philosophical
enquiry into the 'nature', 'necessity' and 'origin' of 'Law' in order to explore
answers to the following three moot questions:
- What is Law?
- Why should there be a Law?
- Where does the Law emanate from?
Before delving deep into the subject matter, we may, at the very outset, note
that these questions are so fundamental that they have been puzzling the minds
of almost all the sensible men of the world since the dawn of civilization.
Although there are multiple answers to each of these questions but none of these
could be replied with a single conclusive answer so far. Anyway let us proceed
to explore the conclusive answers to these questions in our own way.
The first question on our list is thus:
What is Law?
There exists a unanimous view among the Philosophers, Jurists and Scholars all
over the world that '
Law' is a difficult term to define. It is not capable
of exact definition. Thurman Wesley Arnold, an American Lawyer, says,
The law
is incapable of being defined. Many Philosophers, Jurists and Scholars across
the world have attempted to define the term but none of the definitions is
complete and universally accepted. Dennis Lloyd, a British Jurist, says, ' Several
attempts have been made over time to provide a universally acceptable definition
of law, however, none of them have even remotely succeeded . It is a term of
wide import because its meaning varies according to the concepts assigned to it
by the Exponents of different Schools of Law.
Let us first examine its meaning in common parlance as cited in an ordinary
dictionary. We may refer the Oxford Learner's Dictionaries, which is a popular
dictionary across the world. It defines the term thus:
- A rule that deals with a particular crime, agreement, etc.
- The whole system of rules that everyone in a country or society must
obey.
- A particular branch of the law.
- The study of the law as a subject at university, etc.; the profession of
being a lawyer.
- The police and the legal system.
- The fact that something always happens in the same way in an activity or
in nature.
- A scientific rule that somebody has stated to explain a natural process.
- One of the rules that controls an organization or activity.
- A rule for good behaviour or how you should behave in a particular place
or situation.
Let us now examine its meaning in legal parlance as cited in a law dictionary.
Since Black's Law Dictionary is used by almost all the Apex Courts of the
world as a reference while ascertaining the meanings of various terms, it would
be useful to look up the meaning of the term 'Law' in Black's Law
Dictionary.
The Black's Law Dictionary defines the term thus:
- The regime that orders human activities and relations through systematic
application of the force of politically organized society, or through social
pressure, backed by force, in such society; the legal system.
- The aggregate of legislation, judicial precedents, and accepted legal
principles; the body of authoritative grounds of judicial and administrative
action; especially, the body of rules, standards, and principles that the
courts of a particular jurisdiction apply in deciding controversies brought
before them.
- The set of rules or principles dealing with a specific area of a legal
system.
- The judicial and administrative process; legal action and proceedings.
- A statute.
- Common Law.
- The legal profession.
There are many other ordinary dictionaries and law dictionaries which also
provide similar meanings of the term. Thus, it is apparent from the various
meanings, whether in ordinary sense or in legal sense, as provided in the
dictionaries that the term cannot be assigned a single comprehensive meaning
which may be universally accepted.
Now, after observing its meaning both in ordinary dictionary as well as in law
dictionary, we may now proceed to check out such definitions of the term
Law
as given by some notable Philosophers, Jurists and Scholars belonging to
different Schools of Law.
Natural Law School
This School is also sometimes referred as
Philosophical School of Law. The
Exponents of this School define the term thus:
- Law is the standard of what is just and unjust Justinian Code
- 'Law' is the art of science of what is equitable and good Ulpian,
a Roman Jurist.
- 'Law' is the highest reason implanted in nature Marcus Tullius
Cicero, a Roman Statesman, Lawyer, Scholar, Philosopher and Academic Skeptic.
- 'Law' is an embodiment of reasons whether in individual or the community Aristotle, a Greek Philosopher and Polymath.
- 'Human nature is the grandmother, natural law is the parent, and positive
law is the child Hugo Grotius, a Dutch Jurist.
- Law is the sum total of conditions under which the personal wishes of
man can be combined with the personal wishes of another man in accordance
with the general law of freedom Immanuel Kant, a German Philosopher and an
Enlightenment Thinker.
Analytical School of Law
This School is also referred as 'Positive School of Law' or 'Imperative
School of Law'. The Exponents of this School define the term thus:
- 'Law' is a collection of signs declarative of a volition conceived or
adopted by the sovereign Jeremy Bentham, an English Philosopher and
Jurist.
- 'Law' is a body of rules determined and enforced by a sovereign political authority John Austin, an English Legal Theorist and Philosopher.
- 'Law' is the depsychologized command Hans Kelsen, an Austrian
Jurist, Legal Philosopher and Political Philosopher.
- 'Law' is a system of rules, a union of primary and secondary rules. The
Primary rules impose duties on people to behave in certain ways. Secondary
rules, by contrast, pertain to the primary rules H.L.A. Hart, a British
Legal Philosopher.
Sociological School of Law
The Exponents of this School define the term thus
- 'Law' is essentially and exclusively as a social fact Léon
Duguit, a leading French Scholar of Public Law.
- 'Law' is the form of the guarantee of the conditions of life of society,
assured by State's power of constraint D. Rudolf von Ihering, a
German Legal Scholar.
- 'Law' is all the norms which govern social life within a given society Eugen Ehrlich, an Austrian Legal Scholar and Sociologist.
- 'Law' is an organised and critically controlled body of knowledge both
of legal institutions and legal precepts and of the legal order, that is, of the
legal ordering of the society Nathan Roscoe Pound, an American Legal
Scholar and Educator.
Historical School of Law
The Exponents of this School define the term thus:
- Law is a product of the general consciousness of the people
Friedrich Carl von Savigny, a German Jurist and Historian.
- Law grows with the growth, and strengthens with the strength of people,
and finally dies away as the nation loses its nationality Georg Friedrich
Puchta, a German Jurist.
- The word Law has come down to us in close association with two
notions, the notion of order and the notion of force Henry James Sumner
Maine, a British Jurist and Legal Historian.
Realist School of Law
The Exponents of this School define the term thus:
- The prophecies of what Courts will do in fact, and nothing more
pretentious, are what I mean by the law.. The life of the 'Law' has not
been logic; it has been experience... The 'Law' embodies the story of a
nation's development through many centuries, and it cannot be dealt with as if
it contained only the axioms and corollaries of a book of mathematics Oliver W. Holmes, an American Jurist.
- The 'Law' of the State or any organised body of men is composed of the
rules which the courts that is the judicial organs of that body lay
down for the determination of legal rights and duties John Chipman Gray, an
American Scholar of Property Law.
Thus, we see from the above meanings and definitions of the term 'Law' that
it does not have a single comprehensive meaning or definition which can be
accepted universally. However, we may observe from above definitions and
meanings of the term that the primary aim of the 'Law' is to regulate the
human conduct. It has been introduced to maintain order in the society. Thus,
law is essentially a social science and is normative in nature since it lays
down rules for human conduct.
We may further note that whatever might be the meaning and definition of
'Law' but at modern times, the rules, regulations, instructions in the shape
of administrative and/or statutory orders, which are laid down by the
Legislature, followed by the Executive while implementing the various policies
of the Government and applied by the Judiciary for deciding the controversies
brought before it, together constitute 'Law' for all practical purposes
because they have the element of enforceability.
We may now, on the basis of the foregoing discussion, summarize the reply to
this question as follows:
- In abstract sense, 'Law' may be defined as a body of rules meant for
regulating the human conduct for the purpose of maintaining order in the
society; but
- In practical sense, 'Law' may, besides the Constitution of India, 1949
(hereafter referred to as the Constitution for the sake of brevity), which
is the Fundamental Law of the land, be defined as a body of the following:
- Statutes (i.e. the Acts) passed by the appropriate Legislature;
- Rules made by the appropriate Authority under the Constitution and
various Statutes;
- Regulations/Byelaws made by the appropriate Authority under appropriate
Statutes;
- Statutory Orders passed by the appropriate Authority under appropriate
Statutes
- Administrative Orders/Instructions issued by the appropriate Authority
under appropriate Rules or Regulations/Byelaws or under any general
authority permitted by the Law of the land;
- Precedents i.e. binding decisions of the Courts of Law;
- Various Doctrines and Rules of Common Law applied by the Courts of Law
while deciding disputes brought before them;
- Any valid Document (such as, a valid Contract, Will, Declaration,
License, Permit, Certificate, etc.) containing such terms and conditions as
enforceable in Courts of Law;
- Any Custom, which has acquired the force of Law by virtue of its being
in use over a long period of time with proof of its continued usage and
general acceptability; and
- Any Practice pertaining to any trade, commerce or profession, which has
acquired the force of Law by virtue of its being in use over a long period
of time with proof of its continued usage and general acceptability.
Besides the above, Courts of Law in our country also apply the 'Principles of
Justice, Equity and Good Conscience' to decide the disputes agitated before
them when the disputes are not covered by any codified rules. Although these
principles are the 'Principles of Equity' but since they are the part of our
legal system, they can be said to be a part of Law.
The
Principles of Natural
Justice are also used invariably in every judicial, quasi judicial and
administrative process as a rule of procedure, these principles can also be said
to be a part of Law.
Thus, the term
Law can, in general terms, be defined as '
the body of
enforceable rules meant for regulating the human conduct for the purpose of
maintaining order in the society�.
The next question on our list is thus:
Why should there be a Law?
At the very outset, we may note that since India is a Member State of the United
Nations, which is the single largest Intergovernmental Organization (i.e. an
organization of Sovereign States) of the world, it is a well recognized
Sovereign State (i.e. a State having internal supremacy coupled with external
independence) in the realm of International Law.
We may, as evident from the Preamble to the Constitution, note further that the
Constitution has been enacted by the People of India, who were about 360 million
in number at the time of enactment thereof and which figure has now become about
1350 million. Therefore, the Constitution carries the Will of the People of
India and the Sovereignty of India vests in them.
We may note also that the Constitution has established the institutions and
apparatus of the Government (both at the Union as well as State level), vested
them with the Sovereign Power, prescribed the modes and manners of exercise
thereof by them, guaranteed the civil rights and civil liberties of the
individuals and also set the goals to achieve, therefore, the Constitution is
the Fundamental Law of the land and various provisions thereof are the
manifestations of the Will of the People of India.
It, therefore, follows that it is this Will of the People of India which
obligates everyone, whether it the Union Government or State Government or an
Individual, to submit before its authority by confining him within the bounds
set by it in the Constitution. I, therefore, prefer to call the expression, '
Will of the People of India as
the
Supreme Command because nothing in our country can transgress it.
Thus, this 'Supreme Command' is the 'essence' or the 'final cause'
that has maintained everyone in our country, whether it is the Union Government
or State Government or an Individual, in his respective orderliness by
subjecting him to the compliance of a 'body of fundamental rules', which is
nothing but the collection of its manifestations expressed in the Constitution
in the shape of various provisions, for the purpose of achieving the goals set
in the Constitution. This is not the position in our country only but similar is
the state of affairs in all other sovereign democratic countries of the world.
Thus, the foregoing discussion leads us to the very obvious conclusion that for
the purpose of maintaining anyone, whether an individual human being or any
institution/organization comprising such human beings, in his orderliness, a
Supreme Command is required so that it can subject him to the compliance of
certain fundamental rules required for maintenance of that orderliness.
Now, let us look at the following pieces of information:
- There is an Universe, which has come into being 13.8 billion years ago
and has continuously been in place as such since then with the following
attributes:
- It comprises the whole of the Space, including all the Matter and Energy
contained therein, together with the Time as well. Hence, it is the whole
Cosmic System of Matter and Energy together with the Time, of which the
human beings and other life forms are the parts.
- It has billions of Galaxies, each comprising Gas, Dust, and billions of
Stars and their Planetary Systems together with uncountable numbers of
Planets, Dwarf Planets, Asteroids, Comets and Meteoroids being held together
by Gravity;
- All the Galaxies, Planets, Dwarf Planets, Asteroids, Comets, Meteoroids
etc. together constitute less than 5% of the total stuff in the Universe,
which is the only observable stuff of the Universe. Rest of the Universe
comprising about 27% Dark Matter and 68% Dark Energy is neither observable
nor has it so far been possible to understand them even remotely;
- Everything that exists in the Universe in the form of Matter has gravity
and it maintains itself by its own Gravity. By virtue of its Gravity, it
also exerts a gravitational pull on every other thing that exists in the
Universe. Thus, the inter gravitational pull (or simply the Gravity)
between one another among all the things that exist in the Universe hold
themselves in their respective positions
- Despite the gravity of all the Matter that exists in the Universe, it
has continuously been expanding, much mysteriously, at a faster rate perhaps
due to the presence of Dark Energy in it; and
- There has so far been no instance of any chaos within it.
- One of the billions of Galaxies of the Universe is called Milky Way
Galaxy. It has come into being 13.6 billion years ago and has continuously
been in place as such in the Universe since then.
- One of the thousands of Planetary Systems of the Milky Way Galaxy is
called Solar System, which has come into being 4.5 billion years ago and has
continuously been in place as such in the Universe since then with the
following attributes:
- It has been maintaining its composition with the Sun at its centre as a
huge Star being orbited round it by:
- Eight Planets, namely, Mercury, Venus, Earth, Mars, Jupiter, Saturn,
Uranus and Neptune;
- Dwarf Planets such as Pluto;
- Dozens of Moons; and
- Millions of Asteroids, Comets and Meteoroids.
- The Sun and the Planets, Dwarf Planets, Asteroids, Comets and Meteoroids
in the above Solar System have been:
- Held together by Gravity;
- Maintaining fixed Gravitational Force and Distance between them; and
- Maintaining fixed Surface Temperature and other unique Characteristics
specific to each of them.
- As a star, the Sun, which has come into being 4.5 billion years ago, has
continuously been in place as such since then with the following attributes:
- It is a ball of gases being held together by its own Gravity;
- It is composed of:
- 92.1 % Hydrogen; and
- 7.8 % Helium;
- It has been maintaining a temperature of 15 million degrees Celsius at
its Core so as to make the hydrogen nuclei present in it fuse together to
form helium nuclei thereby releasing huge amount of energy;
- It has been maintaining a temperature of 5,500 degrees Celsius at its
surface called Photosphere (i.e. the outer 500 kilometre thick surface) so that
the Sunlight, which is a portion of its electromagnetic radiation comprising
infrared, visible and ultraviolet light, emitted by Photosphere may reach the
Earth's surface;
- The Earth (i.e.one of the eight Planets of the Solar System), which has
come into being 4.5 billion years ago, has continuously been in place as
such since then with the following attributes:
- It has been rotating at its axis at a constant speed of 1,672.573 KM per
hour at its Equator and, as a consequence:
- The churning of molten iron takes place within the outer core of the
Earth that generates huge magnetic field, which measures 0.3 gauss at
Equator, creating Magnetosphere (the region of magnetic field enveloping
Earth, which extends far out into the space) around the Earth that shields
the life on it from the dangers like solar flares, which emit harmful
radiations capable of causing damage to the cells and DNA, and also prevents
erosion of atmosphere due to solar wind; and
- Day and Night together with change in Weather (i.e. changes in
atmospheric Temperature and Humidity) is caused during a time of 24 hours
roughly, which influences the circadian rhythm of all living beings,
including humans, that regulates the proper functioning of the biological
process necessary to maintain life;
- It has been revolving round the Sun at a constant speed of 1,07,218 KM
per hour maintaining a tilt of 23.4 degree between its rotational axis and
its orbital axis and, as a consequence, Seasons are caused during a time of
365 days approximately and changes therein is also brought about at an
interval of 90 days roughly.
- It has been maintaining its atmosphere in five layers, namely:
- Troposphere comprising the following:
i. |
Nitrogen |
78% |
ii. |
Oxygen |
21% |
iii. |
Argon |
0.93% |
iv. |
Carbon Dioxide (By Volume) |
0.0395% |
v. |
Water Vapour |
1% (Approx.) |
Thus, enough amount of Nitrogen and Oxygen make the human beings and other
life forms to breathe comfortably for the purpose sustaining themselves by
maintaining various biological process;
- Stratosphere comprising thick layer of Ozone that shields the entire
Earth's surface from the harmful Ultraviolet radiations of Sun thereby
protecting human beings and other life forms from its harmful effects;
- Mesosphere starts above Stratosphere and all the meteors, which may harm
the Earth, burn up in this layer;
- Ionosphere is the layer that makes the radio communication possible
thereby making the human life more comfortable; and
- Exosphere is the outermost layer which shields the other layers below.
- It has been maintaining the atmospheric pressure at the constant value
of 1.01325 Bar [i.e. 101325 pascals (N/m2)] which is just sustainable comfortably
by the human beings and other life forms;
- It has been maintaining its gravity (more specifically gravitational
acceleration) at the constant value of 9.80 cm/sec2, which is the right
amount of gravity � enough to hold us from flying away, but not so much as
to make our movement impossible; and
- It has been maintaining such thickness of its atmosphere that, together
with its gravity, prevents the atmosphere from escaping into the outer
space.
- The Sun and the Earth have continuously been maintaining a constant
gravitational pull of 3.6 x 1022 N between them, which has kept them at a
distance of 149.6 x 106 Km apart constantly, and, as a consequence:
- The direct sunlight emitted by Photosphere reaching the Earth's surface,
when the Sun is at zenith, is 1040 Watts/m2 which is enough:
- For the autotrophs, such as plants, for carrying out photosynthesis to:
- Produce sugar, which in turn are used as building blocks and in
other synthetic pathways thereby maintaining the food chains that allow the
organism to grow; and
- Liberate oxygen thereby maintaining proper levels of carbon di oxide and
oxygen in the atmosphere;
- For the Earth to maintain, with the moderate carbon di oxide content in
its atmosphere, an average temperature of 15 °C on its surface, which is
suitable for subsistence of all life forms, including the human beings,
because it:
- Allows the water to exist as a liquid on its surface;
- Had the Sun and the Earth been further apart, the vital compounds would
have stayed locked up as ice and the Earth would have been a lifeless ball
of ice-coated rocks. Had they been closer, the water would have rapidly
evaporated into the atmosphere leaving behind nothing to breathe;
- The direct sunlight reaching the Earth's surface, when the Sun is at
zenith, provides an illumination of 98,000 lux (lumens/m2), which renders
sufficient visibility for the human beings and other animals; and
- The connection and interactions between the Sun and Earth drive the
seasons, ocean currents, weather, climate patterns etc. suitable to all life
forms, including the human beings, on the Earth.
- The Moon, which has come into being 4.5 billion years ago, and the Earth
have continuously been maintaining a constant gravitational pull of 1.986064
x 1020 N between them, which has kept them at a distance of 3,84,400 Km
apart constantly, and, as a consequence:
- The Earth's wobbles (i.e. drifts of the Earth's rotational axis away
from its original position in the course of rotation) get moderated under
the pull of the Moon thereby stabilising the climate on the Earth; and
- Tides are caused under the pull of the Moon typically in a rhythm called
Tidal Rhythm, which influences the circadian rhythm of the marine plants and
animals living in the inter tidal zone that regulates the proper
functioning of the biological process necessary to maintain their life.
- The human being, which is a member of the Homo Sapiens species and which
first appeared on the Earth about 7 million years ago in some form or other
but the form in which it exists at present has appeared between 0.3
0.2 million years ago, has the following characteristics:
- It possesses a structure called human body, which is comprised of many
different Cells. Different groups of Cells constitute different Tissues.
Different groups of Tissues, in turn, constitute different Organs and
different groups of Organs constitute the following eleven Organ Systems,
namely:
- Circulatory System (i.e. Cardiovascular System);
- Digestive System;
- Endocrine System;
- Exocrine System (i.e. Integumentary System);
- Immune System and Lymphatic System;
- Muscular System;
- Skeletal System;
- Nervous System;
- Reproductive System;
- Respiratory System; and
- Renal System and Urinary System.
- Each of the above eleven Organ Systems is extremely intricate,
particularly the Nervous System which the most complicated system, and so is
its functional mechanism;
- Despite such intricacy, each of the said eleven Organ Systems per se
functions in close co-ordination with one another without doing any violence
to the other in order to maintain all the biological processes, including
homeostasis (i.e. the state of steady internal, physical, and chemical
conditions maintained by all living beings) with safe levels of the
essential substances such as, calcium, sodium, potassium, sugar, oxygen etc.
in blood, that are necessary for sustaining life;
- It per se maintains its homeostasis (i.e. it is independently capable of
maintaining its internal, physical, and chemical conditions in a steady
state) for sustaining itself as such;
- It is a Self Sustaining System (i.e. it is independently capable
of maintaining all the biological processes within the body that are
necessary for sustaining life) and has been maintaining itself per se as
such over millions of years;
- It has constantly been co-existing with all that exists within the
Universe over millions of years; and
- Still much is unknown about the nature and functioning of the human
being to the modern sciences.
We may note in this context that since there is an overall unanimity among the
Scientists and/or Scholars working in the field all over the world as to the
truthfulness of the above pieces of information, they can very safely be taken
as conclusive facts. The above list of facts is not exhaustive but illustrative
only. There are many other similar facts attributable to the Universe as a whole
and all that exists within it.
A bare perusal of the aforesaid facts reveals that:
- Only 5% of the total stuff of the Universe as a whole, which is the
whole Cosmic System of Matter and Energy together with the Time, could be so
far observed and studied by the Scientists of the World. This fact proves
that the Universe is an extremely intricate system. So is the human being as
well;
- Everything, whether it is the Universe as a whole or anything (including
human being) that exists within it, has continuously been subsisting as such
over millions of years. This fact proves that the Universe has never
exhibited any instance of chaos within it; and
- Everything has continuously been maintaining its above listed attributes
over millions of years. This fact proves that neither the attributes of the
Universe as a whole nor those of anything (including human being) that
exists within the Universe have undergone any alteration so far.
A very logical corollary to the above couple of facts leads us to the very
obvious conclusion that despite the extreme intricacy of the Universe as a
whole:
- There is such a natural orderliness in everything, whether it is the
Universe as a whole or it is anything (including human being) that
exists within it, per se which is inherently specific to it by virtue of
its being as such;
- Everything has continuously been maintaining its natural orderliness
per se fulfilling such purposes as attached to it so meticulously and
dedicatedly by meshing perfectly with the others in such an orderly and
well-coordinated manner as to ensure peaceful co-existence of the
Universe as a whole and all that exists within it; and
- Everything has religiously been complying with per se such a set of
unalterable rules which is inherently specific to it by virtue of its
being as such in order to accomplish the above ends.
Thus, in light of the above facts, we can very safely infer that despite being
extremely intricate, the Universe is a well organised and meticulously designed
system which does not only sustain itself per se in a well defined natural
orderliness of its own but also enables every individual thing that exists
within it to sustain itself per se in a similar well defined natural
orderliness of its own.
Similarly despite being extremely intricate, the human
being is also a well organised and meticulously designed system which does not
only sustains itself per se in a well defined natural orderliness of its own
but also enables every Organ System that exists within it to sustain itself per
se in a similar well defined natural orderliness of its own. Thus, the
continued subsistence of such a system, whether it is the Universe or it is
human being, over millions of years cannot, on the basis of logical reasoning,
be attributed to any arbitrariness or capriciousness or randomness or
casualness. This particular deduction leads us to an unquestionable presumption
that there exists a definite cause behind it.
Now, before proceeding further, we
may quickly add in this context, as already shown earlier, that for the purpose
of maintaining anyone, whether an individual human being or any institution
comprising such human beings, in his orderliness, a Supreme Command is required
so that it can subject him to the compliance of certain fundamental rules
required for maintenance of that orderliness.
Therefore, it cannot, on a
rational deduction, be ruled out that there certainly exists a similar Supreme
Command which has over the millions of years been constantly subjecting the
Universe as a whole as well as all (including human being) that exists within it
to the respective sets of unalterable rules in order to ensure their peaceful
co-existence by enabling them to maintain their respective natural orderliness
and fulfil the respective purposes.
Had it not been a material fact, the
Universe as a whole and all that exist within it would not have per se
maintained their respective 'natural orderliness' together with 'peaceful
co existence' by complying with respective sets of unalterable rules
specific to each of them over millions of years.
In order to understand the above concept, one simple experiment can be
performed. Breathe in and hold it as long as you can. Soon after holding breathe
for a few seconds, you will suddenly encounter an urge to breathe in again.
During the process, you will experience the urge intensifying with the passage
of time and finally a time will come when the urge will get so intensified that
you will find it absolutely unconquerable whereupon you will be compelled to
breathe in again.
You will soon realise that the urge to breathe did not come
from outside, rather it arose per se from within your body itself. Therefore, we
may very safely infer that this innate urge, which uniformly exists within every
human being per se by virtue of its being as such, is an unalterable command
that has constantly been subjecting it to the continuous process of breathing
over millions of years for sustaining its continued existence. Thus, this innate
urge constitutes the 'essence' or 'final cause' of existence of every
human being in the Universe
Since human being, as already shown earlier, is a part of the Universe, the
existence of similar innate urge or certain other similar innate cause in every
other thing that exists in the Universe per se by virtue of its being as such
cannot, on a deductive logic, be ruled out. It is more so because we can
conspicuously observe its manifestation in the shape of such sets of unalterable
rules which have religiously been complied with respectively by the Universe as
a whole per se and every other thing that exists within it per se over the
billions of years in order to accomplish the following ends
- To maintain such a natural orderliness which is inherently
specific to it by virtue of its being as such; and
- To fulfil such purposes as attached to it so meticulously and dedicatedly by
meshing perfectly with the others in such an orderly and well-coordinated manner
as to ensure peaceful co-existence of all that exists within the Universe.
Thus, we may, on the strength of logical consequence, safely conclude that this
innate urge or certain other similar innate cause is uniformly present in all
that exists within the Universe per se by virtue of their respectively being as
such and thus it constitutes the 'essence' or 'final cause' of every
existence in the Universe. It is unalterable and it is unconquerable as well
because it has been subsisting as such over millions of years.
Can't it logically be called an 'Unalterable Supreme Command'? I personally
don't find any valid reason to disagree. Thus, we may now assimilate our
findings, as arrived at through the above process of deductive reasoning, in the
following words:
There exists an innate urge or certain other similar innate cause uniformly
in everything, whether it is the Universe as a whole or it is anything that
exists within it, per se by virtue of its being as such that has constantly been
subjecting it to a set of unalterable rules specific to it over the millions of
years in order to enable it to maintain its natural orderliness, fulfil its
purposes and sustain peaceful co-existence with all that exists within the
Universe. Therefore, it constitutes the 'essence' or 'final cause' of
every existence in the Universe and hence, it may be referred as '
Unalterable
Supreme Command'�.
It may now be mentioned here that although there may be a lot of difference in
opinion and unending debate/arguments without any conclusive answer to the
question as to who has given this 'Unalterable Supreme Comman and why has
it been given but there cannot be any dispute over the certainty of the fact
that there exists such
'Unalterable Supreme Command' as deductively
elaborated above because the manifestation thereof is much observably evident on
the face of the very fact that everything, whether it is the Universe as a
whole or it is anything (including human being) that exists within it, has over
millions of years been religiously complying with per se such a set of
unalterable rules which is inherently specific to it by virtue of its being as
such in order to accomplish the aforesaid ends.
We may now, on the basis of the foregoing discussion, summarize the reply to
this question as follows:
Although the various Organ Systems within every human being per se observe
certain unalterable sets of rules by meshing perfectly with one another in such
an orderly and well-coordinated manner as to maintain the human body in its
natural orderliness in the same way as every other thing in the Universe but the
human being, unlike other thing in the Universe, has certain natural instincts,
inter alia, anger, curiosity, jealousy and envy, rivalry, imitation,
acquisitiveness, etc.
These are such instincts that have the every capability to
drive the conduct of human being to such direction and proportion as to
unwarrantedly interfere with the 'natural orderliness' of the other things
that exist in the Universe thereby disrupting the 'peaceful co-existence' of
the Universe as a whole and all that exist within it. An instance of the kind,
if allowed, will strike at the very root of such ends set by the
'Unalterable
Supreme Command' as aforesaid, therefore, it cannot be allowed. This is
precisely why the human conduct is required to be regulated in line with the
unalterable sets of rules to which the Universe as a whole and all that exists
within it have respectively been subjected continuously over the millions of
years so that the ends set by the
'Unalterable Supreme Command' could be
accomplished.
Therefore, 'Law' is required to regulate the human conduct in such a manner
as to ensure the subsistence of the respective 'natural orderliness' of the
Universe as a whole and all that exist within it together with the 'peaceful
co-existence' thereof in order to enable them to fulfil their respective
purposes.
The last and final question on our list is thus:
Where does the Law emanate from?
While dealing with Question No. 2 above, we have already noticed that:
- The 'Unalterable Supreme Command', which is the 'essence' or 'final
cause' of every existence in the Universe, much observably exhibits its
manifestation in the shape of such sets of unalterable rules which have
religiously been complied with respectively by the Universe as a whole and
everything (including human being) that exists within it over the millions
of years in order to accomplish the following ends:
- To maintain such a natural orderliness which is inherently specific to
it by virtue of its being as such; and
- To fulfil such purposes as attached to it so meticulously and dedicatedly by
meshing perfectly with the others in an orderly and well-coordinated manner as
to ensure peaceful co-existence of all that exists within the Universe; and
- The human conduct is required to be regulated in line with the
unalterable sets of rules to which the Universe as a whole and all that
exists within it have respectively been subjected continuously over the
millions of years so that the ends set by the 'Unalterable Supreme Command'
could be accomplished.
We may now, on the basis of the aforesaid facts, summarize the reply to this
question as follows:
It is evident from the foregoing discussion that human conduct is required to be
regulated in line with the unalterable sets of rules to which the Universe as a
whole and all that exists within it have respectively been subjected
continuously over the millions of years so that the following ends set by '
Unalterable Supreme Command'
could be accomplished:
- The maintenance of 'natural orderliness' of everything, whether it is
the Universe as a whole or anything that exist within it; together with
- The subsistence of the 'peaceful co-existence' of the Universe as a
whole and all that exist within it for fulfilling the respective purposes.
It is amply clear from above that no 'Law' (i.e. any rule meant for regulating
human conduct for the purpose of maintaining the order of the society), which
runs contrary to the aforesaid ends set by 'Unalterable Supreme Command', can be
made. In order to understand the proposition more lucidly, we may note the
following examples:
- Whenever anyone intentionally causes death to other by some act, the
incident does not only bring grief and agony to the family members of
the victim but also shocks their conscience as well as the conscience of
the society at large. Thus, the 'established orderliness' of the entire
area gets disturbed affecting the 'peaceful co-existence' of the
inhabitants of that area. Since such act strikes at the very root of the
aforesaid ends set by 'Unalterable Supreme Command', it has been made a
punishable offence under the Indian Penal Code, 1860.
- Whenever anyone assaults other, the incident does not only put the
said other in apprehension of attack thereby disturbing the peace of his
mind but also shocks the conscience of the surrounding society. Thus,
the 'established orderliness' of the locality gets disturbed affecting
the 'peaceful co-existence' of the inhabitants of that area. Since such
act strikes at the very root of the aforesaid ends set by 'Unalterable
Supreme Command', it has also been made a punishable offence under the
Indian Penal Code, 1860.
- Whenever anyone knowingly causes or permits any poisonous, noxious
or polluting matter to enter into any stream or well or sewer or on
land, the incident does not only put the inhabitants of the locality
under the risk of loss of their lives but also shocks the conscience of
the society at large. Thus, the 'established orderliness' of the area
gets disturbed affecting the 'peaceful co-existence' of the inhabitants
of that area. Since such act strikes at the very root of the aforesaid
ends set by 'Unalterable Supreme Command', it has been made a punishable
offence under the Water (Prevention and Control of Pollution) Act, 1974.
There are many similar examples which can show that the 'Law' has been made
in such manner as to keep itself in total accord with the aforesaid ends set by
'Unalterable Supreme
Command'.
Therefore, we can firmly say that 'Law' emanates from the 'Unalterable
Supreme Command' which obligates the Universe as a whole as well as everything
(including the human being) that exists within it to comply with their
respective sets of unalterable rules in order to maintain their respective 'natural
orderliness' and sustain 'peaceful co-existence' for fulfilling
the respective purposes.
Conclusion:
In view of the above deductive discussion, we can say that:
- Everything, whether it is the Universe as a whole or it is
anything (including human being) that exists within it, has an
innate urge or certain other similar innate cause that resides
within it per se by virtue of its being as such and obligates it to
comply with certain set of unalterable rules specific to it in
order:
- To maintain such a 'natural orderliness' which is inherently specific to
it by virtue of its being as such; and
- To fulfil such purposes as attached to it so meticulously and dedicatedly by
meshing perfectly with the others in an orderly and well-coordinated manner as
to ensure 'peaceful co existence' of all that exists within the
Universe.
Had the above proposition not been a material fact, the Universe as a whole and
all that exist within it would not have per se maintained their respective
'natural orderliness' together with 'peaceful co existence' by
complying with respective sets of unalterable rules specific to each of them
over millions of years. Thus, this innate urge or certain other similar innate
cause, which is uniformly present in everything per se by virtue of its being as
such, constitutes the 'essence' or 'final cause' of every existence in
the Universe. Since it is unalterable and it is unconquerable either, it may be
referred as 'Unalterable Supreme Command'.
- Since the Universe as a whole and all that exist within it have
been per se maintaining their respective 'natural orderliness'
together with 'peaceful co existence' with one another by
complying with respective sets of unalterable rules specific to each
of them over millions of years, it may be said that they have been
doing so under the obligation imposed by the said 'Unalterable
Supreme Command'.
- Since the human being is a part of the Universe, it is also
subjected to the same obligation imposed by the said 'Unalterable
Supreme Command' and hence, it is bound to maintain the respective
'natural orderliness' together with 'peaceful co existence' of
all that exists within the Universe. But since the human being has,
unlike other things in the Universe, certain natural instincts that
can drive its conduct to such direction and proportion as to
unwarrantedly interfere with the 'natural orderliness' of the other
things that exist in the Universe thereby disrupting the 'peaceful
co-existence' of the Universe as a whole and all that exist within
it, its conduct is required to be regulated. Therefore, it can be
said that under the obligation imposed by the said 'Unalterable
Supreme Command' to maintainher with 'peaceful co existence'
of all that exists within the Universe, the human beings have
collectively:
- Organised themselves into various Nations (each being an Institution
comprising human beings) across the Globe and made their respective
Constitutions or any other bodies of fundamental rules in order to regulate
their conduct so that the respective 'national orderliness' of each of such
Nations together with 'peaceful co existence' of all the human beings
comprised therein could be ensured; and
- Constituted the United Nations and other Intergovernmental Organizations
and framed various charters, rules, regulations, etc. to regulate the
conduct of the Member States (each being an Institution comprising human
beings) so that their respective 'national orderliness' as well as 'global
orderliness' together with their 'peaceful co existence' on this
planet could be ensured.
Therefore, in light of the above facts, it can be said that:
- The term 'Law', in contrast to the different sets of unalterable rules
to which the Universe as a whole and everything (including human being) that
exists within it have been per se subjected over millions of years, may be
defined as a body of enforceable rules made by any an Institution/Organisation
comprising human beings for the purpose of regulating the conduct of human
beings, whether as Individuals and/or an Institution/Organisation comprising
them such as Intergovernmental Organizations, National Government or
Regional Government or Instrumentality thereof, etc.;
- 'Law' is required to ensure the respective orderlines of every
Individual human being as well as that of every Institution/Organisation
comprising human beings together with their 'peaceful co existence on
this planet; and
- 'Law' emanates from the 'Unalterable Supreme Command' that resides
within everything, whether it is the Universe as a whole or it is anything
(including human being) that exists within it, per se by virtue of its being as
such in the form of an innate urge or certain other similar innate cause and
obligates it to comply with certain set of unalterable rules specific to it in
order to maintain its 'natural orderliness' together with 'peaceful co
existence' of all that exists within the Universe.
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Award Winning Article Is Written By: Mr.Ashok Kumar Singh - B.E. (Civil); LL.B.
Authentication No: AU123678129116-24-0821
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