Velasco / Betcher / Flores / Wail My Position, Contact Information or Project Description

LAW
Velasco / betcher / flores / wail

My position, contact information
or project description
Topic outline
• Definition of law
- General definition
• Different perspective of law
• Functions of law
• Types of law
• Kinds of law
WHAT IS LAW?
General definition of law
• No specific definition on what is law- many
interpretation of law according to belief, value,
customs etc.
• Law is a system of rules where it guides and directs
our activities in much of day to day life (framework
of life)- our life is built upon the foundation of legal
rules.
• Law is a set of rules that guide our conduct in society
and enforceable by public agency- everyone has to
follow or otherwise they have to face sanctions or
penalty as consequences of its breach.
Definition of law by jurist
a) Jean Jacques Rousseau
• Natural law jurist
• Rules which permit or prohibit certain action
and must be for the benefit of the public-
prescribe the proper behavior of human being
• Any man-made law which is in conflict with
natural law is not a true law. In order for a law
to be part of a legal system it should be in
conformity with current and moral principles.
Definition of law by jurist
b) John Austin
• Positive law jurist
• Define law as the command of the sovereign authority and the
command is backed with sanctions.
• Rules created by ruler who can give penalties if the rules are
broken
c) John Salmond
• Realistic view jurist
• Rules of conduct laid down by the person acting as judicial
organ- law is what judge declared
• Realism means relating to the real world as the world operates.
d) Roscoe pound
• Sociological view jurist
• Law is an instrument of social engineering-
to maximize the fulfillment of interest of the
community, provides smooth running of
the machinery of society
• A controlling device use by upper class on
the lower class.
Functions of law
• Administration of justice- what is lawful and
unlawful.
• Granting powers tom certain bodies/ institutions.
• Maintaining standards.
• Maintenance of peace and social order.
• Resolving disputes/conflicts.
• Social control- prescribed punishment and remedies
in the event of breach.
• Determination of legal personality.
Sources of law
Several factors have contributed of the evolution of law
a) Custom
• Base on a general usage of the family, clan or tribe-
shape by the cooperative action of the whole
community and not by legislation
• Initially not law as states recognizes as customary
rules as binding
b) Religion
• Christian law
• The Mohammedan law- Qur an
Sources of law
c) Judicial decision/case law
• Judge made law- related with the common law
system.
d) Legislation
• Law enacted by the parliament- where sovereign
power will issue a decree for new matters.
 Primary legislations (statutes, act of parliament.
 Second legislation (regulations and by-laws)
Types of Law
a)Public law
• The law that govern relationship between individuals
and government.
• Includes:
 Constitutional law- based on constitution and
supreme court decisions
 Criminal law- a system of law concerned with the
punishment of those who commit crimes.
 Administration law- laws that affect daily life made
by government agencies.
Types of Law
b) Private law
• Governs the relationship between individuals-
compensate the injured parties, to recovered
properties and enforce obligation
• Includes; family, tort, contract and trust.
c) Substantive law
• Law that classifies right and responsibilities of
individual
d) Procedural law
• Lays down the rules governing how things should be
done
ex. How summon should be serve
How to arrest should be made
e) International law
• Law that covers a relation of country inter-sectors
 ex; treaty law, law of sea, international criminal law,
the laws of war or international humanitarian law,
international human rights law, and refugee law.
Types of Law
f) National law
• Law that governs a relation between states
• Extends over the territory and people of states
KINDS OF LAW
1. Divine law
 it is formally promulgated by GOD, revealed
to mankind by means of direct revelation like
Ten Commandments
2. Natural law
Promulgated in our conscience and body. It is
the divine interpretation in man in the sense of
justice, fairness, right and equity.

Velasco / Betcher / Flores / Wail My Position, Contact Information or Project Description

Uploaded by

Document Informationclick to expand document information

Copyright:

Available Formats

Velasco / Betcher / Flores / Wail My Position, Contact Information or Project Description

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Velasco / Betcher / Flores / Wail My Position, Contact Information or Project Description

Uploaded by

Copyright:

Available Formats

LAW

Velasco / betcher / flores / wail

You might also like