Law Notes

Definition of Law

  • Sir John Salmond: Law is a body of principles recognized and applied by the State in the administration of justice.

  • Hoebel: Law employs the force of organized society to regulate individual group’s conduct and to prevent, redress, or punish deviations from prescribed social norms.

  • Elements of Law:

    • Normative: Sets standards of conduct.

    • Regularity: Applied universally.

    • Administering: Objectively applied by courts.

    • Legitimacy: Enforced and recognized by legal authority.

Sources of Law

  • Custom: Raw material for laws, originating from habits (e.g., men as wage earners).

  • Religion: Laws rooted in religious texts (e.g., Quran and Sunnah in Muslim countries).

  • Adjudication: Judge-made laws when no appropriate law exists; judicial rulings become precedents.

  • Juristic Writings: Writings of jurists and scholars that guide principles for cases; become law when recognized by legitimate authority.

  • Legislation: Laws made by a legislature to address rapidly changing needs.

Types of Laws

  • National Laws: Laws passed by a legitimate, sovereign government.

    • Constitutional Law: Fundamental law determining rights and responsibilities; no law can contravene it.

    • Ordinary Law: Made and enforced by state authorities.

    • Private Law: Relationships between individuals (e.g., contracts).

    • Public Law: Governs citizens' relations with the state.

      • Administrative Law: Derived from administrative agencies.

      • General Law: Deals with private citizens' relation to the state.

      • Civil Law: Legal rights and duties of individuals (e.g., freedom of expression).

      • Criminal Law: Offences against the state (e.g., theft, assault).

  • International Laws: Agreements between countries.

    • Public International Law: Relationships between sovereign nations (e.g., Geneva Conventions).

    • Private International Law: Disputes between international private parties (e.g., MNCs).

Law and Morality

  • Law and morality are closely related and complement each other.

  • Law must be based on the moral sense of society to ensure obedience.

  • Differences:

    • Not all laws are based on morality (e.g., driving on a specific side of the road).

    • Morality has a wider scope than law, covering internal thoughts.

    • Laws are definite and precise, while morality can be vague.

    • Laws are enforced by state power, while moral rules are enforced by conscience or public opinion.

  • Connection: Both arise from social life and ethical standards.