Law is not an abstract concept existing in isolation. Rather, it operates within a social framework, reflecting and shaping the society it serves. For first-year law students, understanding this relationship between law and society provides essential context for your legal education and future practice.

What is Legal Method?

Before diving into the social context of law, let’s clarify what we mean by “legal method.” The phrase comprises two words: ‘legal’ and ‘method.’ In ordinary language, “method” refers to a way of doing something or a planned and organized approach.¹ “Legal,” as an adjective, denotes something connected with law.

Legal method, therefore, can be defined as “an attempt to explain or analyze the technique of ‘thinking like a lawyer.'”² More comprehensively, it involves learning to study the use and construction of legal rules to understand how law is planned and organized to achieve its objectives in society.

Defining Law

Providing a universally accepted definition of law has proven elusive throughout legal history. However, a practical working definition might be:

“A rule or body of rules made by institutions, bodies, and persons vested with the power to make such rules, which are binding and enforced among the members of a given state or society.”³

This definition highlights that only rules created by authorized entities can be legally binding upon individuals or even the State itself.

Key Features of Law

From our definition, several characteristics of law become apparent:

1. Law is a Body of Rules

Law consists of multifarious rules found in various sources, including constitutions, statutes, and case law. No single book contains all the law.⁴ This is why legal education requires studying multiple subjects and sources.

2. Law is Man-Made

Laws are rules adopted by society to govern itself. They are not divinely given but created through human institutions. This means that if laws are ineffective or unjust, humans must take responsibility for changing them.⁵

3. Law is Normative

Law prescribes what activities may, should, or should not be carried out. Because it guides what we may, ought, or ought not to do, law is said to be normative.⁶ While law shares this characteristic with religious, moral, and customary rules, it differs in one crucial aspect.

4. Law Has an Element of Coercion

The breach of legal rules is enforced through sanctions or coercion via organized institutions like police, courts, and prisons. This distinguishes law from moral or ethical rules, which are ‘enforced’ (if at all) through social disapproval or loss of integrity.⁷

5. Law Has Territorial Limitations

Laws are usually made to guide the conduct of people within a particular territory. This is exemplified by the principle of international law that “no country ever takes notice of the revenue laws of another country.”⁸ This territorial nature allows for legal diversity between communities, even within the same country.

6. Law is Dynamic

Law is not static but evolves with social, political, and economic changes. The content of a society’s law is the product of prevailing conditions at a particular time.⁹ For instance, the legal landscape during colonial rule in many countries differed significantly from post-independence law.

Theories of Law

Throughout history, various theoretical frameworks have attempted to explain the nature and purpose of law. These “philosophies of law,” “schools of jurisprudence,” or “theories of law” provide different perspectives on what law is and ought to be.

Positivist School

Led by John Austin, the positivist view defines law as “a command set by a superior being to inferior beings and enforced by sanctions.”¹⁰ The focus here is on law as it is, not as it ought to be. Critics argue this approach can justify authoritarian regimes and fails to account for laws that aren’t commands.

Natural Law School

This perspective, advocated by thinkers like Thomas Aquinas, holds that there are certain objective principles of what is “fair,” “just,” or “right” that transcend human-made law.¹¹ According to this view, laws that violate these natural principles lack legitimacy. While influential in developing concepts like human rights, natural law’s subjective nature creates challenges in practical application.

Historical School

Friedrich Carl Von Savigny argued that law emerges from the “spirit of the people” (volksgeist).¹² This view emphasizes that law should evolve gradually through customs rather than through revolutionary changes. Critics note this approach may hinder beneficial reforms.

Sociological School

Proponents like Eugene Ehrlich focus on how society’s conduct determines legal rules. This perspective sees law as reflecting the values and conduct of society, not merely rules imposed by authorities.¹³ Critics point out that law also influences conduct, not just reflects it.

The Evolution of Law

Law has evolved from primitive forms of social control to complex legal systems. In early societies, when disputes arose, justice was often administered through self-help and forcible reprisals. The weak, young, aged, and underprivileged were frequently subjected to exploitation.

As societies developed, the need for organized methods of social control became apparent. Initially, law consisted mainly of customary rules and ethical values administered by monarchs or elders. Over time, these informal systems evolved into formal legal institutions with established procedures and principles.¹⁴

Functions of Law in Society

Law serves several crucial functions in maintaining social order and facilitating human interaction:

1. Defining and Regulating Social Relationships

Law defines and regulates various social relationships, from marriage and family to business associations and political entities.¹⁵ It provides a framework for understanding rights and obligations within these relationships.

2. Identifying and Allocating Official Authority

Law establishes specific institutions and vests them with authority to exercise certain powers on behalf of the State.¹⁶ This creates a structured system of governance with checks and balances.

3. Dispute Settlement and Remedies

One of law’s fundamental functions is establishing formal mechanisms for settling disputes and providing appropriate remedies when rights are violated.¹⁷ This prevents a resort to private vengeance and maintains social peace.

4. Facilitating Orderly Change

Law provides procedures for changing existing rules and provisions when they no longer serve societal needs.¹⁸ This allows for adaptation to changing circumstances while maintaining stability.

Objectives of Law

Beyond its functions, law aims to achieve certain objectives that benefit society:

1. Maintaining Order

The primary objective of any government is to maintain law and order, protecting lives and property.¹⁹ Even during conflicts, law plays a role in ensuring certain minimum standards of behavior.

2. Promoting Justice

Law seeks justice, though the concept itself can be understood differently by different people.²⁰ At minimum, legal justice requires fairness in procedure and substantive outcomes.

3. Protecting Freedom

Law recognizes individuals’ freedoms while regulating their exercise to advance both individual and state interests.²¹ This balance ensures that one person’s freedom doesn’t impinge upon another’s rights.

4. Structuring the State

Law defines the political structure and organization of a state and establishes the extent of powers for each organ of government.²² This creates a framework for governance and accountability.

Conclusion

Understanding law in its social context is essential for any aspiring lawyer. Law is not merely a set of abstract rules but a dynamic system that both shapes and is shaped by society. As you progress in your legal education, remember that the law you study is deeply connected to the social, political, and economic realities of your time.

The relationship between law and society is reciprocal: law influences social behavior while societal changes drive legal evolution. This interconnection ensures that law remains relevant and effective in serving its fundamental purposes of maintaining order, promoting justice, protecting freedom, and providing a framework for social interaction.

To deepen your understanding, explore our guides on legal reasoning in the judicial process and legal research and writing skills essential for your development as a law student.

Footnotes

¹ A.S. Hornby, Oxford Advanced Learner’s Dictionary, Oxford University Press, 6th ed., 2000, p.740.

² A. Holland & J.S. Webb, Learning Legal Rules, Blackstone Press Ltd., London, 1991, p. xi.

³ Adapted from J.A. Holland and J.S. Webb, Learning Legal Rules, Blackstone Press Ltd., London, 1991, pp. 1-2.

⁴ Many laypeople mistakenly believe all laws are contained in one document like the Constitution, but laws exist in numerous sources including statutes, case law, and regulations.

⁵ This distinguishes law from divine law in the sense of Biblical and Quranic rules and injunctions, which are considered God-given rather than human-created.

⁶ P. Harris, An Introduction to Law, Butterworths, London, 1997, p.2.

⁷ This is best illustrated with criminal law, where prohibited activities result in official penalties enforced by the state.

⁸ This principle was affirmed in Holman v Johnson (1775) 1 Cowp. 341, where Lord Mansfield stated that English courts would not enforce the revenue laws of other countries.

⁹ P. Harris, op. cit., p.14.

¹⁰ John Austin, The Province of Jurisprudence Determined (1832), which presented his influential “Command Theory of Law.”

¹¹ This view was notably expressed by Thomas Aquinas (1225-1274) in his Summa Theologica.

¹² Friedrich Carl Von Savigny (1779-1861) developed this theory partly in reaction to the natural law theories prevalent in Europe during the 17th and 18th centuries.

¹³ Eugene Ehrlich (1862-1922), in his work The Fundamental Principles of the Sociology of Law, emphasized the importance of “living law” as opposed to formal legal doctrines.

¹⁴ This evolution reflects the increasing complexity of human societies and their need for more sophisticated methods of dispute resolution and social control.

¹⁵ For example, laws define marriage, parental rights and obligations, corporate structures, and relationships between citizens and the state.

¹⁶ The Constitution establishes the legislative, executive, and judicial arms of government and vests them with specific powers.

¹⁷ P. Harris, op. cit., pp.14-15.

¹⁸ For example, Section 9 of Nigeria’s 1999 Constitution contains provisions on the procedure for amending the Constitution.

¹⁹ This justification for government is found in most political theories, from Hobbes to Locke to contemporary thinkers.

²⁰ Justice may be seen as conformity with law, fair trial, equality, morality, or natural justice, among other conceptions.

²¹ See Chapter IV of Nigeria’s 1999 Constitution on Fundamental Human Rights.

²² For example, Section 2 of Nigeria’s 1999 Constitution establishes Nigeria as a federal system.