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Introduction To Law ( Topic 1) (Characteristics of Law (General Rule of…
Introduction To Law
( Topic 1)
Concepts of Law
Purpose of Law
establish standards
maintain order
resolve disputes
protect legal obligations
Definitions of Law
Dictionary
Oxford English Dictionary
Shorter Oxford English
Dictionary
Jowitt’s Dictionary of
English Law
Legal Jurist
Sir John William Salmond
John Austin
Benjamin Nathan
Cardozo
Philosophers
Natural Law
An embodiment of reason, whether in the individual or the community.
Human beings are endowed with the ability to think and reason. Therefore, humans can recognize their own nature and make laws that are suitable to that nature
Karl Marx - Marxist Theory
Every body should contribute as much as they can in accordance with their ability to the society and that because of this, everyone would be entitled to the same, e.g. pay or benefits.
His book – The Communist Manifesto (1848)
Rousseau
The Social Contract
The law enacted by the legislature could only address the common good of the society’s members & they could only extend the same rights and obligations to all citizens.
His Book – The Social Contract (1750)
Legal Realism
Oliver Wendell Holmes
(American judge and jurist born 1841)
Karl Llewellyn
(American legal scholar born 1893)
Legal Positivism
John Austin
His book - "Province of Jurisprudence Determined“
PROFESSOR
H.L.A HART
His book - "The Concept of Law" (1961)
He defines law as a system of rules, a union of primary
and secondary rules
A critique of John Austin's theory
Other Definitions of Law
Thomas Hobbes
Max Weber (born 1864)
Glanville Williams (1911 – 1997)
Characteristics of Law
General Rule of Human Behaviour
It applies to all people of the state
Definite
Law is definite and must be clearly and concise – no ambiguity
Able to be enforced
People who break the law will be punished.
Known to the public
People must be aware of the law
Acceptable by the community
If a law is not in line with community values, then people may disregard the law.
Able to be changed
Able to be changed according to social needs & desires
Stable
In order to be effective, it is also necessary that the law to remain stable.
Functions of Law
1.Social Justice
Social justice is justice that follows the principle that all individuals and groups are entitle to fair and impartial treatment
prevent human rights abuses.
based on notions of equality and equal opportunity in society.
2.Social Control
Methods by which the society regulates the conduct of its members.
To maintain social order and survival.
Methods of social control could either be formal or
informal.
Formal
Law
Informal
ostracism, ridicule, gossip and censure.
3.Social Resolution
Mechanisms of
conflict resolutions
and dispute settlement.
Purpose - to reconcile and harmonize the social conflict.
Conflict resolution
is a way for two or more parties to find a peaceful solution to a disagreement among them.
best course of action is negotiation to resolve the disagreement
What is law?
It is a set of rules & procedures
Why do we need law?
To regulate and control human behaviour so that we can live in a fair and harmonious society
ISLAMIC LAWS
‘Qanun’ - manmade law/laws promulgated by the sovereigns
‘Shari'a’ - God’s law derived from the sacred text of Islam which is the Qur'an and gathered from the Traditions of the Prophet, Muhammad (PBUH) known as the Hadith