Introduction to Law - General Nature

Introduction to Law - General Nature

• Law, in its broadest sense, encompasses any rule or system of uniformity that governs actions, including those of humans and inanimate objects.
• Law is divided into two main categories:
  • Law (in strict legal sense): Promulgated and enforced by the state. This is often referred to as state law.
  • Law (non-legal sense): Not promulgated or enforced by the state. This includes divine law, natural law, moral law, and physical laws.
• Subjects of Law: State law, divine law, natural law, and moral law all concern rules of action for rational beings. Physical laws, however, apply to all things, not just rational beings.

Meaning of Law in General

• The term 'law' in a general sense means any rule of action or system of uniformity, applying to all actions or motions, whether animate or inanimate.

General Divisions of Law

• Law can be categorized into two major groups:
  • Law (strict legal sense): This encompasses laws that the state enforces.
  • Law (non-legal sense): This group includes laws that are not enforced by the state, such as divine, natural, moral, and physical laws.

Subjects of Law

• State law, divine law, natural law, and moral law comprise the definition of law as a rule of action that applies only to rational beings.
• Physical law governs all things, including humans, without considering their will or intelligence.

Divine Law

• Divine law is God's law, either revealed through divine revelation or belief.
• Examples: Ten Commandments or the Quoran.
• Sanction: Based on rewards and punishments in this or the afterlife.

Natural Law

• Natural Law is inherent in humans and is understood as a sense of justice, fairness, and righteousness, without formal divine revelation.
• Binding on all men at all times.
• Inherent in man's moral character, as a sense of right or wrong.
• Plays a role in state law, serving as a basis for state law.

Moral Law

• Moral law arises from the collective sense of right and wrong within a community.
• No formal legal sanctions for violating moral law; social disapproval is the main consequence.
• Moral law is not absolute but can change with time and societal views.
• It influences state law and societal norms, but is not itself enforced by the state.

Physical Law

• Physical law describes predictable patterns and regularities in the natural world.
• Based on cause-and-effect relationships, not on human will.
• Examples: Laws of gravity, chemical combinations.
• Considered law only in a figurative sense.

State Law

• State law is the law created and enforced by the state.
• Also known as municipal law, civil law, or imperative law, this is applied to control all aspects of the state's governance.
• Its scope covers obligations, contracts, criminal justice, and other governmental processes.
• It is the only law with a direct physical enforcement power from the state.

Concepts of Law

• The term 'law' can be understood in two ways:
  • General or abstract sense: Including all the laws together, forming the mass of rules governing the relations of persons in society.
  • Specific or material sense: Referring to a particular legal rule, such as the law of obligations and contracts

Characteristics of Law

• Rule of conduct: Tells what to do or not do, but only concerns external actions.
• Obligatory: Imposes duties and sanctions for non-compliance.