What Is Law
What Is Law
What Is Law
1. What is law? Provide at least 3 definitions of “law” using 3 different sources. Then provide a
fourth definition using your own words that shows what you believe law to be.
Ans. ”The law is a set of rules, enforceable by the courts, which regulate the government of the
state and govern the relationship between the state and its citizens and between one citizen and
another.”
“The system of rules which a particular country or community recognizes as regulating the
actions of its members and which it may enforce by the imposition of penalties.”
“Law is a system of rules that are created and enforced through social or governmental
institutions to regulate behavior.”
“A system of rules and regulations made and enforced by the government or other law making
bodies, that regulate conduct of the people within a society.”
2. In your own words, explain the difference between law and morals using specific examples to
illustrate your comments.
Ans. “A law is concerned with the external acts of man and not motives. It is the concern of the
state. It is concerned with a part of man’s life. The violation of any kind of law is punishable. A force
is the sanction behind laws. A law is definite and precise. Law is objective and acts within the
territory of the state. It is based on expediency. A legal wrong may be morally right and there is a
definite agency to enforce law.”
“A moral is concerned with both the external acts and the internal motives. It is the concern of
the conscience. It is concerned with the whole of a man’s life. Its violation is not punishable by the
state. The Moral conscience is its sanction. The morality is vague and indefinite. Morality is universal
and has absolute standards. A moral wrong maybe legally right. There is no definite agency to
enforce morality”
The law dictates, that you shall not kill another human being. This law covers all individuals in
society. My morality says all killing is wrong also those done by the state, I think capital punishment
is wrong. Another Person morals would allow him/her to accept capital punishment, and believes it
is the only right thing to do.
Look at Vegans who simply do not eat any kind of meat, many of them think it is morally wrong to
kill an animal just to eat it. When I see a cow my brain automatically interprets the cow into an
image of a beef tenderloin.
To conclude, Laws are passed by government and are absolute for all individuals in society and
morals are individual and are not obligatory to uphold.
3. Law is one of the basic elements of a society. Identify three reasons why we need laws,
providing specific examples wherever possible.
Ans. There are several reasons for why we need laws out of which three are stated below
To regulate the society. For example, Speed limits and traffic laws exist so that we drive in a
safe manner.
To protect people. For example, laws that protect us from discrimination, race, gender, or
because of disability.
To enforce rights. For example, the rights of women and children, parents and relatives, old
and young, citizen and non-citizen etc.
In easy words a society without laws would be one in which individual people would only has as
many rights as they could protect. In other words, we only have a right to life if we could keep
others from killing us and we only had the right to our property if we could keep others from
stealing it.
4. What would be the consequences for society if there were no laws at all and everyone could do
just as they pleased? Explain at least 3 potential consequences for society.
Ans. A society without laws is a society in a state of chaos. A state without laws and government
would be anarchy. By definition anarchy is a state of disorder due to the absence or recognition of
an authority figure. Life without some type of rules to control us would literally be a state of
disorder.
There would be no justice. A society without laws is a society in a state of mayhem. Such a state is
called anarchy and is a state of disorder due to lack of disorder. The law is an order that controls
people's behaviors for their own good.
With no formal laws no-one could be charged, but they could be killed for committing a crime,
publicly shamed or their assets repossessed (to name a few). The possibility of having such actions
taken could act almost as a dissuasive element for immorality, and a form of being held
accountable.
Without laws, we would return to a feudal society where people will kill, maim and rape other
people without the fear of consequences. Law is necessary for a regulated society.
LEARNING OUTCOME 2
1.1. Define the term ‘law’.
Ans. “A system of rules and regulations made and enforced by the government or other law making
bodies, which regulate conduct of the people within a society.”
1.2. Explain the importance of a reliable system of law to society and the possible consequences of a
breakdown of a rule of law.
Ans. In order for a society to be peaceful and problem-free, law is necessary. Law is a man-made
therefore it is in you if you will follow it or not. If you do not follow the law, it doesn’t mean you will die,
so nature has nothing to do on the laws of man. The law is something that the human has created to
modulate the society by introducing justice. Fairness and equality that is set by courts and governments
and is applied to everyone within their jurisdiction. The law can give protection to the victims and will
punish those who have done unlawful actions. You don’t have any option where you can choose from, if
you disobey, then, you have to face the consequences.
If a society won’t have a system of law on it that will control how the people operates their lives, then
there would not be a society to live in. people will be able to make decisions that will solely be based on
their principles, then they would be able to do crimes if they want to, steal, murder, damage, bully,
rape, trespass, and even terrorize what and whom when they wanted want to, and nothing would be
done about it at all.
2.1. Explain the legal difference between public and private law in the English legal system.
Ans. The simple difference between public and private law is in those that each affects. Public law
affects society as a whole, while private law affects individuals, families, businesses and small groups.
2.2. Explain the legal difference between civil and criminal law in English legal system.
Ans. There are two main classifications of law. Criminal laws regulate crimes, or wrongs committed
against the government. Civil laws regulate disputes between private parties.