LAW 299 - Business Law: In-Depth Notes on Malaysian Legal System
Malaysian Legal System
Introduction to Law
The legal system refers to a collection of laws and institutions established in various countries.
Four main types of legal systems:
Common Law Legal System
Civil Law Legal System
Socialist Legal System
Religious Legal Systems
Types of Legal Systems
Common Law
Derived from the English legal system, found in countries like the USA, Canada, India, and Malaysia.
Judicial decisions are crucial; courts follow the doctrine of stare decisis. Judges creatively interpret legislation.
Civil Law
Emerged from Romano-Germanic traditions of continental Europe.
Basic source: Roman law. Found in countries like France, Germany, and Spain.
Socialist Legal System
Practiced in countries like the Soviet Union.
Law serves to reform society, which is seen as divided into ruling and lower classes.
Islamic Legal System
Practiced in Muslim-majority countries (e.g., Saudi Arabia, Egypt).
Primary sources: al-Quran and as-Sunnah.
Secondary sources: Ijtihad, Ijma’, Qiyas, Urf, al-Mursal al-Mursalah.
Governs religious obligations (Ibadah) and human relations (Muamalat).
Definition of Law
A set of rules regulating interactions among individuals and between individuals and the government.
Commonly recognized as a binding body of rules.
Federal Constitution Definition: Law includes written law, common law, and custom with legal force.
Schools of Thought
Natural Law School: Law is rooted in morality and ethics, inherent in human nature.
Positive Law School: Law as a command from a sovereign body, enforceable by penalties.
Sociological School: Law as a mechanism for facilitating social transactions and control.
Classifications of Law
Public Law
Governs relationships between individuals and the state (e.g., criminal and constitutional law).
Criminal Law: Penalizes offenses against the state.
Constitutional Law: Defines rights of individuals.
Private Law
Governs relationships and obligations between individuals (e.g., contract and tort law).
Contract Law:
Essential elements: Offer, acceptance, capacity, legality, intention to create legal relations, and consideration.
Tort Law: Deals with civil wrongs and breaches of duties imposed by law, leading to claims for damages.
International Law
Regulates interactions among states.
Recognized international offences include piracy, terrorism, and genocide, with enforcement through international courts (e.g., International Court of Justice).
The Role of Law
Establishes order and regulates conduct.
Law promotes fairness and justice; mandates responsibilities (e.g., family obligations) and public safety (criminal laws against theft).
Laws adapt to societal changes, addressing contemporary issues while maintaining foundational principles.
Judicial Mechanism
Legal disputes resolution can occur through negotiation, arbitration, or court proceedings.
Examples of remedies: Damages for breach of contract, injunctions, rehabilitation for criminal offenders.
Conclusion
The legal system serves to provide structure, resolve conflicts, promote justice, and enforce social norms within society.
Malaysian Federal Constitution and legislative bodies play crucial roles in law-making and adaptation to societal needs.