Defining law at times can get very difficult because it is all based on the perspective from which one looks at it. There are various definitions by different authors based on their perspectives. Not just from syllabus point of view but also viewing from a practical point of view understanding law is very important.
Law has its special
and unique place in the society. How vast is law? This is one of the questions
that can be answered through visiting the libraries that contain books on law
where each book has something different and unique aspect of law. Every book
has something to teach us and give us an insight as to how vast and deep law
can get. There are different kinds of laws and simultaneously there are
different kinds of perspectives from which each and every aspect of law is
looked upon. Law is an integral part of each and every one of us and it is
rightly said in Latin- ‘Ignorantia Juris Non Excusat’ meaning ‘Ignorance of law
excuses no one’.
Although Latin is not much in use these days yet these maxims are so manifestly steeped in overall reasoning, convenience and public interest that they find a place in the laws of the civilized countries and are very important to be understood and applied in the legal realm. The knowledge and understanding of these maxims are of utmost value and importance to the entire legal fraternity.
These maxims are known as first principles of law as they are basic propositions or assumptions that cannot be deduced from any other proposition or assumption. Legal maxims are well established principles of law. Even though Latin as a language is not in use like the way it was in the past yet legal maxims are still useful, relatable and effective even today.
The terms lex (law in its concrete sense) and jus (law in its abstract sense) are the two different terms used in Latin to understand the word law in a better manner. In Latin lex means law in its concrete sense i.e., a particular or specific law. E.g., The maxim ‘Salus Populi Suprema Lex Esto’ which means that the welfare of the people shall be the supreme law. Here the Latin word for law is lex which means law in its concrete or particular sense. Law here particularly means that the welfare of the people is supreme indicating a particular law.
Whereas the term jus in Latin is used in its abstract or general sense. E.g., the Latin maxim ‘Ubi Jus Ibi Remedium’ which means that for any wrong that is committed, law provides a remedy. In other words, this maxim means that law specifies a remedy for every wrong. Here the term jus which means law in its abstract or general sense applies to any and every law that provides remedy for a wrong committed. The term jus has a general understanding of law and would mean law in a generic sense.
Generally, in English we understand these terms as ‘the law’ and ‘a law’ though these terms are not specifically used in the general parlance. The terms ‘the law’ and ‘a law’ are neither similar nor synonymous. The law (Jus) means law in its abstract sense. E.g., the law of defamation, the law-and-order situation, the law of crimes etc. Here law is referred in a general sense whereas, a law (Lex) means law in its concrete sense and refers to a particular or specific law. E.g., Law of Contracts, Law of transfer of properties etc. These are specific laws indicating certain laws or particular laws that regulate those specific aspects.
This difference is well understood when referred in Latin as lex and jus but the absence of separate words in English language and at the same time not much usage of these terms can cause a considerable confusion while understanding the term law in its general and particular sense.
