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    Law277.Lecture 1

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    Syafiqah Ck
    This document provides an introduction to the Malaysian legal system. It defines law as a body of rules enforced by the state aimed at attaining justice. There are several theories of law, including natural law (set by nature), positive law (strict man-made law), realist law (law is what judges say it is), and sociological law (law accounts for social factors). Laws are classified as public law (governing state-individual relationships), private law (governing individual relationships), or international law (governing country-country relationships). Specifically, public law includes constitutional and criminal law, private law includes tort and contract law, and international law distinguishes between public and private aspects.

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    Law277.Lecture 1

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    Syafiqah Ck
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    This document provides an introduction to the Malaysian legal system. It defines law as a body of rules enforced by the state aimed at attaining justice. There are several theories of law, including natural law (set by nature), positive law (strict man-made law), realist law (law is what judges say it is), and sociological law (law accounts for social factors). Laws are classified as public law (governing state-individual relationships), private law (governing individual relationships), or international law (governing country-country relationships). Specifically, public law includes constitutional and criminal law, private law includes tort and contract law, and international law distinguishes between public and private aspects.

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    This document provides an introduction to the Malaysian legal system. It defines law as a body of rules enforced by the state aimed at attaining justice. There are several theories of law, including natural law (set by nature), positive law (strict man-made law), realist law (law is what judges say it is), and sociological law (law accounts for social factors). Laws are classified as public law (governing state-individual relationships), private law (governing individual relationships), or international law (governing country-country relationships). Specifically, public law includes constitutional and criminal law, private law includes tort and contract law, and international law distinguishes between public and private aspects.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    390 views2 pages

    Law277.Lecture 1

    Uploaded by

    Syafiqah Ck
    This document provides an introduction to the Malaysian legal system. It defines law as a body of rules enforced by the state aimed at attaining justice. There are several theories of law, including natural law (set by nature), positive law (strict man-made law), realist law (law is what judges say it is), and sociological law (law accounts for social factors). Laws are classified as public law (governing state-individual relationships), private law (governing individual relationships), or international law (governing country-country relationships). Specifically, public law includes constitutional and criminal law, private law includes tort and contract law, and international law distinguishes between public and private aspects.

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    of 2

    LAW277/ERNIE MELINI/LECTURE 1

    INTRODUCTION TO THE MALAYSIAN LEGAL SYSTEM


    What is LAW?

    Body of rules which are enforced by the state or country.

    Oxford dictionary: ...the body of enacted or customary rules recognized by a


    community as binding.

    Federal Constitution: Article 160 (2), defined as Existing Law and Federal Law.

    Aim: to attain justice in society.

    Definitions of Law based on Jurists

    Natural Law
    It is a theory that posits the existence of a law whose content is set by nature and
    that therefore has validity everywhere. Any man-made law which is in conflict with
    natural law is not a true law.

    Positive Law
    It is a strict man-made law where the ruler who made the law can give penalties if
    the rules are broken.

    Realist Law
    The essential tenet of legal realism is that all law is made by human beings and,
    thus, is subject to human foibles, frailties and imperfections. It is a rule of conduct
    laid down by the persons acting as judicial organ of the states. Therefore, law is
    what the judges declared. It is carried out and enforced rather than law as series
    of rules contained in the statutes.

    Sociological Law
    Sociology of law is a diverse field of study which examines the interaction of law
    with other aspects of society, such as the effect of legal institutions, doctrines,
    and practices on other social phenomena and vice versa. This law takes into
    account the social development of legal institutions, the social construction of
    legal issues, and the relation of law to social change.

    1|Page

    LAW277/ERNIE MELINI/LECTURE 1

    CLASSIFICATION OF LAW

    PUBLIC LAW
    It is a theory of law
    governing the
    relationship between
    individuals and the
    state.

    Constitutional Law is the


    law that deals with
    relationship between the
    state and individual and
    the relationship between
    different branches of state
    e.g. executive, legislative
    and judiciary

    Criminal Law is the law


    that involves state
    imposing sanction for a
    defined crime committed
    by individual so that the
    society can achieve justice
    and peace.

    PRIVATE LAW
    It is a theory of law
    governing the
    relationship between
    individuals

    Law of Tort is a body of


    rights, obligations, and
    remedies that is applied by
    courts in civil proceedings
    to provide relief for
    persons who have suffered
    harm from the wrongful
    acts of others.

    Contract Law is the law


    that governs an agreement
    with specific terms
    between two or more
    persons or entities in
    which there is a promise to
    do something in return for
    a valuable benefit.

    INTERNATIONAL
    LAW
    It is a term commonly
    used for referring to
    the laws that govern
    one particular
    independent country.

    International
    Public Law is
    the law that
    governs the
    relationship
    between
    provinces
    and
    international
    entities e.g.
    law of seas,
    treaties.
    International
    Private Law is
    the law that
    deals with
    conflict of
    laws e.g.
    which law to
    use and
    which court
    of a country
    the case to
    be heard.

    2|Page

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