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MALAYSIA LEGAL SYSTEM - Coggle Diagram

- - - - The body of principles recognized and applied by the state in the administration of justice. In other words, the law consists of the rules recognized and acted on by the court of justice.
    - - Law is a command set by a superior being to an inferior being and enforced by sanctions (punishment). The superior being in the state and the inferior being in the individual. The sanctions are wide and include imprisonments, fines, damages, injunction and degree of specific performance.
    - - A Code of conduct for a people in given community which control their activities towards each other with respect to their private and their relationship with the state.
    - - “law” includes written law, common law in so far as it is in operation in the Federation or any part thereof and any custom or usage having the force of law in the force Federation of any part thereof.
    - - Consider law as essential to man – to regulate man’s behaviour.
      - Jurist of Natural law believes that man is part of nature and has a role to play.
      - His nature inclines him towards certain ends to procreate, to protect his family and to ensure his survival. How? Abide by certain principles of human conduct.
      - Hence, existence of law is set by human nature based on what is correct (morality & ethics)
    - - Austin – the hallmark of a legal rules lies in the manner of its creation.
      - He defined law as the “command of the sovereign body in the society (which may be a person, such as a king, or a body of officials, such as parliament) and these commands are backed by threats of sanctions, to be applied in the event disobedience.
    - - Considers law as a tool or facilitating mechanism, making transactions possible between man, and solving awkward problems as they arise; it may seen as a mechanism of social control, regulating activities and interest in the name of the community, a ruling class or the state.
      - Karl Max – views law as a tool and an important means to shape the society.
    - - American Realists view “society” as a system, comprising of actions and institutions, each functioning to maintain social institutions and social forces.
      - Society is not a loose collection of independent entities but exhibits certain regular patterns of behavior, relationships and beliefs.
      - Law = rule of conduct laid down by judicial organ. Decision of judge vs. statutes.
      - Law – not perfect. Need alteration to remain current.