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Law: What Is It, Why Should It Be There, And Where Does It Emanate From?

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:
  1. What is Law?
  2. Why should there be a Law?
  3. 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:
  1. A rule that deals with a particular crime, agreement, etc.
  2. The whole system of rules that everyone in a country or society must obey.
  3. A particular branch of the law.
  4. The study of the law as a subject at university, etc.; the profession of being a lawyer.
  5. The police and the legal system.
  6. The fact that something always happens in the same way in an activity or in nature.
  7. A scientific rule that somebody has stated to explain a natural process.
  8. One of the rules that controls an organization or activity.
  9. 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:
  1. 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.
  2. 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.
  3. The set of rules or principles dealing with a specific area of a legal system.
  4. The judicial and administrative process; legal action and proceedings.
  5. A statute.
  6. Common Law.
  7. 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:
  1. Law is the standard of what is just and unjust Justinian Code
  2.  'Law' is the art of science of what is equitable and good  Ulpian, a Roman Jurist.
  3. 'Law' is the highest reason implanted in nature  Marcus Tullius Cicero, a Roman Statesman, Lawyer, Scholar, Philosopher and Academic Skeptic.
  4. 'Law' is an embodiment of reasons whether in individual or the community  Aristotle, a Greek Philosopher and Polymath.
  5. 'Human nature is the grandmother, natural law is the parent, and positive law is the child  Hugo Grotius, a Dutch Jurist.
  6. 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:
  1. 'Law' is a collection of signs declarative of a volition conceived or adopted by the sovereign  Jeremy Bentham, an English Philosopher and Jurist.
  2. 'Law' is a body of rules determined and enforced by a sovereign political authority  John Austin, an English Legal Theorist and Philosopher.
  3. 'Law' is the depsychologized command  Hans Kelsen, an Austrian Jurist, Legal Philosopher and Political Philosopher.
  4. '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
  1. 'Law' is essentially and exclusively as a social fact  Léon Duguit, a leading French Scholar of Public Law.
  2. '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.
  3. 'Law' is all the norms which govern social life within a given society  Eugen Ehrlich, an Austrian Legal Scholar and Sociologist.
  4. '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:
  1. Law is a product of the general consciousness of the people  Friedrich Carl von Savigny, a German Jurist and Historian.
  2. 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.
  3. 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:
  1. 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.
     
  2. 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:
  1. 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
  2. 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:
    1. Statutes (i.e. the Acts) passed by the appropriate Legislature;
    2. Rules made by the appropriate Authority under the Constitution and various Statutes;
    3. Regulations/Byelaws made by the appropriate Authority under appropriate Statutes;
    4. Statutory Orders passed by the appropriate Authority under appropriate Statutes
    5. 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;
    6. Precedents i.e. binding decisions of the Courts of Law;
    7. Various Doctrines and Rules of Common Law applied by the Courts of Law while deciding disputes brought before them;
    8. 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;
    9. 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
    10. 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:
  1. 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:
    1. 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.
    2. 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;
    3. 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;
    4. 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
    5. 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
    6. There has so far been no instance of any chaos within it.
       
  2. 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.
     
  3. 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:
    1. It has been maintaining its composition with the Sun at its centre as a huge Star being orbited round it by:
      1. Eight Planets, namely, Mercury, Venus, Earth, Mars, Jupiter, Saturn, Uranus and Neptune;
      2. Dwarf Planets such as Pluto;
      3. Dozens of Moons; and
      4. Millions of Asteroids, Comets and Meteoroids.
         
    2. The Sun and the Planets, Dwarf Planets, Asteroids, Comets and Meteoroids in the above Solar System have been:
      1. Held together by Gravity;
      2. Maintaining fixed Gravitational Force and Distance between them; and
      3. Maintaining fixed Surface Temperature and other unique Characteristics specific to each of them.
         
  4. 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:
    1. It is a ball of gases being held together by its own Gravity;
    2. It is composed of:
      1. 92.1 % Hydrogen; and
      2. 7.8 % Helium;
         
    3. 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;
    4. 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;
       
  5. 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:
    1. 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:
      1. 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
         
      2. 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;
         
    2. 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.
       
    3. It has been maintaining its atmosphere in five layers, namely:
      1. 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;
         
      2. 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;
         
      3. Mesosphere starts above Stratosphere and all the meteors, which may harm the Earth, burn up in this layer;
      4. Ionosphere is the layer that makes the radio communication possible thereby making the human life more comfortable; and
      5. Exosphere is the outermost layer which shields the other layers below.
       
    4. 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;
       
    5. 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
       
    6. It has been maintaining such thickness of its atmosphere that, together with its gravity, prevents the atmosphere from escaping into the outer space. 
  6. 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:
    1. The direct sunlight emitted by Photosphere reaching the Earth's surface, when the Sun is at zenith, is 1040 Watts/m2 which is enough:
      1. For the autotrophs, such as plants, for carrying out photosynthesis to:
        1. 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
        2. Liberate oxygen thereby maintaining proper levels of carbon di  oxide and oxygen in the atmosphere;
           
      2. 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:
        1. Allows the water to exist as a liquid on its surface;
        2. 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;
    2. 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
       
    3. 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.
       
  7. 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:
    1. 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
       
    2. 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.
       
  8. 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:
    1. 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:
       
      1. Circulatory System (i.e. Cardiovascular System);
      2. Digestive System;
      3. Endocrine System;
      4. Exocrine System (i.e. Integumentary System);
      5. Immune System and Lymphatic System;
      6. Muscular System;
      7. Skeletal System;
      8. Nervous System;
      9. Reproductive System;
      10. Respiratory System; and
      11. Renal System and Urinary System.
       
    2. 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;
    3. 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;
    4. 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;
    5. 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;
    6. It has constantly been co-existing with all that exists within the Universe over millions of years; and
    7. 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:
  1. 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;
     
  2. 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
     
  3. 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:
  1. 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;
     
  2. 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
     
  3. 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
  1. To maintain such a natural orderliness which is inherently specific to it by virtue of its being as such; and
     
  2. 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:
  1. 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:
    1. To maintain such a natural orderliness which is inherently specific to it by virtue of its being as such; and
    2. 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
       
  2. 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:
  1. The maintenance of 'natural orderliness' of everything, whether it is the Universe as a whole or anything that exist within it; together with
  2. 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:
  1. 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.
     
  2. 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.
     
  3. 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:
  1. 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:
    1. To maintain such a 'natural orderliness' which is inherently specific to it by virtue of its being as such; and
    2. 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'.
       
  2. 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'.
     
  3. 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:
    1. 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
       
    2. 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:
  1. 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.;
     
  2. '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
     
  3. '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.
References:
  1. Nature & Definition of Law https://www.legalbites.in/nature-definition-of-law/
  2. Oxford Learner's Dictionaries  https://www.oxfordlearnersdictionaries.com/definition/american_english/law
  3. Black's Law Dictionary
  4. Definitions of Law  https://www.srdlawnotes.com/2017/03/definitions-of-law.html
  5. Module I (Concept of Law) of the National Institute of Open Schooling  https://nios.ac.in/media/documents/SrSec338new/338_Book1_New.pdf
  6. Nature and Sources of Law (Legal Studies  CBSE)   http://cbseacademic.nic.in/web_material/doc/legal_studies/xi_u2_legal_studies.pdf
  7. Schools of Jurisprudence  https://www.legalbites.in/schools-of-jurisprudence-notes/
  8. https://www.britannica.com/science/universe
  9. https://exoplanets.nasa.gov/what-is-an-exoplanet/what-is-the-universe/
  10. https://solarsystem.nasa.gov/solar-system/our-solar-system/in-depth/
  11. https://solarsystem.nasa.gov/solar-system/sun/in-depth/
  12. https://www.britannica.com/place/Sun
  13. https://solarsystem.nasa.gov/planets/earth/in-depth/#size_and_distance_otp
  14. https://www.britannica.com/place/Earth
  15. https://www.discovery.com/science/Earth-Perfect-Place-for-Life
  16. https://www.jagranjosh.com/general-knowledge/what-makes-earth-suitable-for-life-1518083138-1
  17. https://www.nasa.gov/feature/goddard/2020/9-reasons-we-re-grateful-to-live-on-earth
  18.  https://www.nationalgeographic.com/magazine/graphics/one-strange-rock-interactive-earth-solar-system-milky-way-galaxy
  19. https://www.nasa.gov/mission_pages/sunearth/science/atmosphere-layers2.html
  20. https://solarsystem.nasa.gov/planets/earth/by-the-numbers/
  21. https://www.nasa.gov/magnetosphere
  22. https://spaceplace.nasa.gov/galaxies-age/en/
  23. https://www.britannica.com/science/gravity-physics
  24. https://science.howstuffworks.com/environmental/earth/geophysics/question232.htm
  25. https://www.nasa.gov/audience/forstudents/5-8/features/nasa-knows/what
  26. https://en.wikipedia.org/wiki/Sunlight
  27. https://www.britannica.com/place/Moon
  28. https://solarsystem.nasa.gov/moons/earths-moon/in-depth/
  29. https://spaceplace.nasa.gov/what-is-gravity/en/
  30. What Drives Man Toward Greed? by Alexis Brassey  https://link.springer.com/chapter/10.1057%2F9780230246157_7
  31. https://en.wikipedia.org/wiki/Homeostasis
  32. https://simple.wikipedia.org/wiki/Human
  33. https://en.wikipedia.org/wiki/Human
  34. https://www.britannica.com/topic/human-behavior
  35. https://en.wikipedia.org/wiki/Human_body
  36. https://www.britannica.com/science/human-evolution
  37. The Important Human Instincts by James Rowland Angell  https://brocku.ca/MeadProject/Angell/Angell_1906/Angell_1906_p.html
  38. Can Human Instincts Be Controlled? by Eric R. Pianka  http://www.zo.utexas.edu/courses/THOC//HumanInstincts.pdf
  39. Sujatha Law Series on Jurisprudence and Legal Theory by Gade Veera Reddy


    Award Winning Article Is Written By: Mr.Ashok Kumar Singh - B.E. (Civil); LL.B.
    Awarded certificate of Excellence
    Authentication No: AU123678129116-24-0821

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