introduction to law

1. WHAT IS LAW?
INTRODUCTION TO LAW
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LAW012
NOR AKHMAL HASMIN
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2. a) Definition of law
- general definition
- definition given by jurists
b) Function of law
c) Different perspectives of law
TOPIC OUTLINE
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3. WHAT IS LAW?????
- What is law as a definition
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4. General definition:
• No specific definition on what is LAW – many interpretations of
law according to belief, value, custom 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.
• GENERAL RULE OF CONDUCT.
• Oxford English Dictionary:
“ The body of enacted or customary rules recognised by
community as binding.”
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6. Definition of law by jurists
a)Jean Jacques Rousseau
• Natural law jurist
• Argue that law reflects essentially moral and unchangeable
law of nature.
• Rules which permit or prohibit certain action and must be
for the benefit of the public – prescribe the proper
behaviour of human being.
• First principle of nature ‘good is to be done and promoted,
and evil is to e avoided.’
• 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 moral principals.
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7. b) John Austin
• Positive law
• Define law as – law is the command of the sovereign
authority and the command is backed by sanction.
• Rules created by ruler who can give penalties if the rules
are broken.
c) HLA Hart
• Law is made up of institutional facts like orders and rules
and those are made by people thinking and acting.
• Rules and regulation that come from people or group of
people.
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8. d) Roscoe Pound
• Sociological view
• Law is an instrument of social engineering – to maximize
the fulfillment of interest of the community, provide
smooth running of the machinery of society.
• Controlling device used by the upper class on the lower
class.
e) John Salmond
• Realist view
• The body of principles recognised and applied by the state
in the administration of justice
• Rules of conduct laid down by the person acting as judicial
organ – law is what judge declared.
• Realism means relating to the real world, the world as it
actually operates. 8

9.  Administration of justice – what lawful and unlawful
 Granting powers to certain bodies/institutions
 Maintaining standard
 Maintenance of peace and social orders
 Resolving of disputes/conflicts
 Social control – prescribe punishment and remedies in the
event of breach.
 Social engineering/ construction
 Determination of legal personality
Functions of law
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10. a)Law as a cultural expression
• Law and people cannot be isolated from each other – since
law is connected to social life of the people and developed
in certain places and in certain communities.
• Law as a result of the slow development of society through
centuries.
• Savigny (historical jurist) believes that legal system was
part of the culture of a people and it is the expression of
the people - from habit to value, from custom and tradition
to rules and regulation.
• Montesquieu states that the law was the product of
custom, local manner and physical environment where a
DIFFERENT PERSPECTIVES OF
LAW
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12. b) Law as divine revelation
• Natural Law jurists believe that all laws are based on
divine revelation or some of the right reason immanent in
the nature of thing.
• Law of the nature or moral laws.
• Islam and Christian have their own divine revelation i.e.
the Holy Quran and Bible; functions as God’s decree to its
followers that must be conformed and followed.
• Contrary to the belief of positivist that argue that law
must be enacted by the legislator.
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13. c) Law as an instrument of government
• Law is intimately associated with the nature of the State –
because law is an expression of the will of the State i.e the
government.
Example : law introduced by the government must be
abide by the citizens – 6% GST.
• Marxism-Leninism - Law is used as the only tool of the
State to maintain and safeguard the interest of the
capitalist class, a dominant group in society.
• Malcolm Wood claims that law is but one a weapon in
massive political tool- combination of forces, actions and
inactivity. E.g. forces including repression, covert
practices, media manipulation, censorship etc. 13

14. d) Law as a legal system
• The legal system consist of – Parliament, Judiciary,
Executive, legal profession and etc.
• The existence of a legal system is measured via:
 Statute, Regulation, Act - Laws in that particular
society
 Parliament (Legislature) - Institution for
making and amending the laws
 Judiciary (Court) - Agency that determines the
violation of the laws / settling disputes between
people.
 Law Enforcers - Agency to enforce the law
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15. Several factors have contributed to the evolution of law.
a)Custom
• Based on the general usage of the family, clan or tribe –
shaped by the cooperative action of the whole community
and not by legislation or sovereign.
• Initially not law but when States recognizes the these
customary rules as binding, they acquire status of law.
b) Religion
• The Mohammedan Law – Quran and shariat
• Hindu law – Code of Manu
SOURCES OF LAW
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16. c) Judicial decision
• Judge made law – related with the Common Law system.
d) Legislation
• Law enacted by the parliament – where sovereign power
will issue a decree concerning new matters.
Example: ISIS threat in Malaysia – lead to the passing of
POTA
• It considers as one of the most prolific and direct source
of law.
e) Scientific commentaries
• Discussion by the eminent jurists also modify and
developed law – express their opinions and
commentaries.
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18. a) PUBLIC LAW
• The law that govern relationship between individual and
government.
• Includes:
a) Constitutional law
b) Criminal law
c) Administration law
b) PRIVATE LAW
• Governs the relationship between individuals -compensate the
injured parties, to recovered property and to enforce obligation.
• Includes:
a) Tort d) Trust
b) Contract
c) Family
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19. c) SUNBSTANTIVE LAW
• Law that classifies right and responsibilities of individual
d) PROCEDURAL LAW
• Lays down the rules governing how things should be
done.
Example: How summon should be serve
How to arrest should be made
e) INTERNATIONAL LAW
• Law that covers a relation of country inter-se
d) NATIONAL LAW
• Law that governs a relation between states.
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20. WHAT WOULD HAPPEN IF THERE
WERE NO LAWS???
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