Lecture 1: Introduction to Law PDF

Lecture 1: Introduction to Law a) Define law and explain the classifications of law b) Discuss the types of law  Definition of law To a layman, law is understood as being a general rule of conduct. The English Oxford dictionary defines law as “the body of rules (enacte...

Lecture 1: Introduction to Law a) Define law and explain the classifications of law b) Discuss the types of law  Definition of law To a layman, law is understood as being a general rule of conduct. The English Oxford dictionary defines law as “the body of rules (enacted or customary) recognised by a community as binding. According to the positivist, John Austin describes law as a command set by superior being to an inferior being and enforced by sanction. The Black’s dictionary of law defines “law as …….that which is laid down, ordained or established. A rule or method according to which phenomenon or co-exists or follow each other. That which must be obeyed and followed by citizens, subject to sanctions or legal consequences”  DEFINATION OF LAW Majority - a necessary tool to regulate & protect the collective interest of society Natural Law Theory - what is just is legal & that which is unjust is not legal Positivist Theory - the command of the sovereign power enforceable by sanction – people should obey it or be punished. General Theory -a system of rules designed to ensure that people live in peace and harmony, embodies the rights, duties & obligations of the people & failure to observe them will result in sanction.  AIM OF LAW To attain justice in the society Justice is an abstract idea of right and wrong, fairness and equality Balancing competing interest CLASSIFICATIONS OF LAW  PUBLIC LAW law which governs the relationship between individuals and the state subdivided into two categories: i. constitutional law covers federal and state powers and lays down the rights of individuals in the state. ii. criminal law codifies the various offences committed by individuals against the State  PRIVATE LAW matters that affect the rights and duties of individuals amongst themselves intended to give compensation to persons injured, to enable property to be recovered from wrongdoers, and to enforce obligations (contracts and trusts)and includes: Contract Tort Trust  INTERNATIONAL LAW International law coves the scope of legislation which regulates the relationship between countries. International law is divided into public international law and private international law. Public international law is the law that prevails between States Private international law consists of the rules that guide a judge when the laws of more than one country affect a case (conflict of laws).  Written Law 1) Federal constitution – is the supreme law of the land. Lays down the powers of the Federal and State governments and enshrines the basic or fundamental rights of the individual. 2) State constitution – each state possess its own constitution regulating the government of the state.(eg Islamic law differs from state to state as well as enforcement is also at a state level. 1) Legislation - laws are legislated by Parliament at federal level and by State Legislative Assemblies at state level. 2) Subsidiary legislation - defined as any; “proclamation, rule, regulation, order, notification, by-law made by persons or bodies under powers conferred on them by Acts(Parliament) or Enactments(State Legislative Assemblies)  Unwritten law Unwritten law comprises of the following: a. Principles of English law applicable to local circumstances; b. Judicial decisions of the superior courts or also known as judge made law or case law; and c. customs of the local inhabitants which have been accepted as law by the courts.  Muslim Law Each State has the power to administer Islamic Law. The head of the Muslim religion in a state (except for Penang, Malacca, Sabah, Sarawak and the Federal Territories) is the Sultan. In Penang, Malacca, Sabah, Sarawak and the Federal Territories, the Yang di-Pertua Negeri is the head Islamic law applies to Muslims only In businesses, areas of banking and finance, Islamic principles are increasingly relevant in lending and investments