Different ways which Law can be perceived – Theories of Law (Pols107)

Introduction 

Law is a set of rules created and enforced by a country or organization. It is a system of justice and fairness. There are various ways which Law can be understood. These conceptions are being conceived by different schools of thoughts.

Conceptions of law according to various schools of thoughts 

• Naturalist School

This school considers nature as the dictates of what law should be. This school believes that the rules of human conduct are deducted from the nature of man as it reveals itself in reason and independent of any man made enactment.

St Thomas Aquinas, key figure of naturalist theory of law

For instance, a law permitting slavery or genocide would be invalid under natural law because it violates the natural moral order.

• Positivist School 

The concern of this school of thought is that law is valid as long that particular law emanates from political sovereign or state, which is regarded as the superior being. To this school, law is a command of the sovereign which is backed by sanctions.

John Austin, key figure of Legal positivism 

For example, if a parliament enacts a traffic law requiring seat belts, it is valid law simply because it was properly enacted, even if some disagree with it morally.

• Realist School 

This school sees law as the pronouncement of the court. To this school only what the court and judges do is considered law.

Oliver Wendell Holmes Jr, key figure of realist theory of law

In reality, a judge’s personal beliefs or the social environment can shape how the law is applied—e.g., how courts interpret “reasonable doubt” differently in similar cases.

• Historical School

This school perceives law from the historical perspective of its nature.

Monstequieu, key figure of historical theory of law

For example, English common law developed gradually from the customs and practices of medieval England, not from codified statutes.

• Sociological School

This school believes law can be used to achieve social control in the society. To them law is social engineering.

Emile Durkheim, key figure of sociological theory of law

For example, labor laws and consumer protection laws are created to maintain social stability and fairness, adapting as society changes.

• The Marxian School

This school perceives law to be the manifestations of the interest of the dominant ruling class (bourgeoisie) because of their economic positions over the poor workers (proletariat).

Karl Max, key figure of Marxian theory of law

For example, property laws in capitalist societies protect the wealth of the bourgeoisie (owners of production) while keeping the working class dependent.

Conclusion 

In conclusion, each school of thought offers a distinct perspective on the nature and purpose of law. The Naturalists link law with morality, the Positivists base it on authority and procedure, the Realists focus on judicial practice, the Historical view sees it as a product of tradition, the Sociological approach treats it as a tool for social progress, and the Marxian view regards it as an instrument of class power. Together, they reveal that law is not a fixed concept but a dynamic institution shaped by moral, social, historical, and political forces.

References 

Nigerian Legal System Note Compiled by Muhammad Musa

Wikipedia contributors