Law is inseparable part of society. It is the standard to maintain the relation between the society and its members. In the absence of law, society becomes destroyed and creates the situations of disorder, painfulness and anarchy.
The nature of law denotes its inseparable and inherent qualities. It can be to fulfill the needs of contemporary society. The need of society is determined by its members and they make law to fulfill their requirement. For this purpose law can play significant role to regulate, control and provide guidance to the society. There are several views on law as mentioned in the various definitions and schools of thought. Every School of thought has accepted the law as their specific understanding and defines it in different ways. Similarly, the various definitions also have not prescribed the same nature of law. According to the several schools of thought and definition; the nature of law can be found as follows.
- Law is made and administered by the competent authority which is known as sovereignity.
- Law cannot avoid the principles of natural justice. It should be based on reason and rationality.
- It is the rule of conduct of the society. It is based on common interest of the society and it tries to maintain the balance of interest for social solidarity and harmony.
- It has uniformity inaction.
- It is the most powerful in the world. Law is more powerful than the lawmakers.
- It is rigid and equally enforceable to all persons in the society. No one can escape from its coverage.
- Law and Justice are interrelated.
- Law is administered by the court.
- It is changeable with the pace (speed) of time and on the basis of common need.
- It is backed by sanction of painful consequences in case of violation.
- In the strict sense it is free from the extra legal phenomena like morality, religious conviction etc.
IN Karishma Impex vs. National Trading Limited, S.C. held that, 'the parties to the contract can create mutual obligation by agreeing upon the terms and condition as per their need which should be within the boundary of the law and such type of contractual rights are different from constitutional and legal rights.' (Nepal Law Journal, 2048, p. 891)1