John Salmond’s Definition of Law
📘 John Salmond’s Definition of Law
🔹 1. Introduction
John William Salmond was a renowned legal philosopher and jurist. His writings have significantly shaped the understanding of jurisprudence and legal theory.
Salmond gave a classic and influential definition of law, widely studied in jurisprudence.
🔹 2. Salmond’s Definition of Law
Salmond defined law as:
“The body of principles recognized and applied by the State in the administration of justice.”
🔍 Key Elements of This Definition:
Law as a Body of Principles
Law is not just a collection of rules but a system of guiding principles.
Recognition by the State
For any rule or principle to be considered "law", it must be recognized by the State.
This emphasizes legitimacy and authority.
Application in the Administration of Justice
Law operates through courts and legal institutions.
Its main purpose is to administer justice.
📌 3. Analysis of Salmond’s Definition
✔️ A. Focus on Justice
Salmond highlights that law exists to serve justice.
He connects law directly to legal institutions like courts.
✔️ B. Excludes Unenforceable Rules
Moral or religious rules are not “law” under Salmond’s definition unless recognized and enforced by the State.
✔️ C. Legal Positivist Leaning
Though not a strict positivist like Austin, Salmond leans towards the view that law depends on state recognition.
🔹 4. Merits of Salmond’s Definition
| Strengths | Explanation |
|---|---|
| Clarity | Clearly distinguishes law from morality. |
| Practical Focus | Emphasizes enforceability and justice. |
| Institutional Connection | Ties law directly to courts and justice system. |
🔹 5. Criticisms of Salmond’s Definition
| Criticism | Explanation |
|---|---|
| Narrow Scope | Does not account for laws not enforced by courts (e.g., administrative rules). |
| Justice is Subjective | What is “justice” may vary by society and culture. |
| Ignores Social Aspects of Law | Focuses too much on state recognition, less on social impact. |
🔹 6. Illustrative Case Law
While Salmond’s definition is theoretical, judicial reasoning in various cases reflects its principles.
⚖️ Maneka Gandhi v. Union of India (1978)
The court emphasized justice, fairness, and reasonableness as essential in applying laws.
This echoes Salmond’s idea that law must be tied to the administration of justice.
⚖️ Kesavananda Bharati v. State of Kerala (1973)
The concept of the Basic Structure of the Constitution was evolved to preserve justice and constitutional values.
This supports Salmond’s view that law’s purpose is not just enforcement but ensuring justice.
⚖️ A.K. Gopalan v. State of Madras (1950)
The court initially took a narrow, positivist approach — focusing strictly on law as written.
This illustrates the early judicial preference for definitions like Salmond's, which tied law to state recognition and enforcement.
🔹 7. Comparison with Other Jurists
| Jurist | Definition of Law | Key Difference |
|---|---|---|
| Austin | Command of the sovereign backed by sanction | Focus on authority, not justice |
| Salmond | Principles recognized and applied in justice | Links law with courts and justice |
| Hart | Union of primary and secondary rules | More complex, sociological focus |
| Natural Law Theorists | Law must conform to moral principles | Morality as essential to law |
🔹 8. Conclusion
John Salmond’s definition of law is:
✅ Clear
✅ Court-oriented
✅ Justice-focused
While it has limitations, especially in today’s complex legal systems, his view remains foundational in understanding how law functions through the state to maintain justice.
“Law is not merely a command or tradition—it is a recognized, enforceable framework meant to deliver justice to society.” – Summary of Salmond’s View
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