Law those who violate society’s values. The
Law is a set of rule establish by an authority, customor an agreement and usually made by the government, that is used to order theway in which a society behaves. Laws are something that every human being needsto follow and not to obey the rules; if not there will be having punishment.
For an example, a driver is not allowed to take drug while driving, if thedriver fails to follow the rule they will be caught by the police to the jail.Law is a system that helps to maintain and ensure that a community showsrespect, and equality amongst themselves. Law encourages us to do the rightthing and punishes those who violate society’s values. The study of the natureof law is known as Jurisprudence. Person who explained the term law from thesame point of view form a school of jurisprudence/ thought. The word ofjurisprudence derives from the Latin term jurispredentia, which mean “thestudy, knowledge or science of law.
” There are four main types ofjurisprudence. The first and the most common form of jurisprudence seek toanalyze, explain, classify, and criticize entire bodies of law. The secondtypes if to compares and contrast law with other fields of knowledge such aseconomies and religion. The third type of jurisprudence is use to seek toreveal the historical, moral and cultural basis of particular legal concept.The fourth is focuses on finding the answer to such abstract question as ‘Whatis law?’According to A Dictionary of Basic Legal Terms, law isthe regime that order human activities and relations through systematicapplication of the force of politically organized society. According toSalmond, law is a body of rules or principle recognized and applied by thestate in the administration of justice.
Law has been defined as a body ofbinding rules of human conduct prescribed by human beings for the obedience ofhuman beings. Moreover, law consists of binding rules. It can be defined as anaggregate or conglomeration of rules enforced by courts of aw at a given time. Accordingto Hart, Law is a coercive for regulating social behavior.
The law shapespolitics, economies, history and society in various ways and serves as amediator of relations between people. Laws also raise the important and complexissues concerning equality, fairness, and justices.Laws are created to reflect and promote a society’svalue. They often stem from religious and cultural background. The stronger thevalue, the stronger the law and the more severe the punishment. Laws are basedon four primary types of values which are moral values, economic values,political values, and social values. Moral value is the ideas of right andwrong, protection of life to avoid getting harm with and severe punishment.Social value is focus on the important issues to change over the time; lawsencourage values and punishment less severe.
The economic value is deal withthe accumulation, preservation, use, and distribution of wealth and laws toprotect the property. Political value is regulating the relationship betweencitizens and government.Legislation is the source of law which consists of thedeclaration of legal rules by a competent authority. It is the laying down oflegal rules by a sovereign or subordinate legislator. Law that has its sourcein legislation may be most accurately termed “enacted law” all other forms are”unacted”. On the other hand, law helps to promotes peaceful and coexistence ormaintenance of law and order. Law protects the rights and enforces duties byproviding remedies whenever these rights or duties are not honored. Thefunction of law is to resolve social conflicts.
Since conflicts are inevitable,the rule of law facilitates their resolution by recognizing the conflicts andproviding the necessary resolution mechanism. Law may be classified as written law, unwritten law,municipal/ national law, international law, public law, private law,substantive law, procedural law, and criminal law. Written law is codified law.It is the rule that have been reduced to writing which contain in a formaldocument e.g. Acts of Parliament. Unwritten laws are those rules that notcontain in the formal document and the rules must be proved e.g.
Common law.Municipal/ National law refers to rules of law that are applicable within aparticular country or state. It regulates the relations between citizens amongstthemselves as well as between the citizens and the state. It originates from parliament,customary and religious practices.
International law is regulates the relationsbetween countries or states and other international person e.g. United Nations.Public law is the law in which the state has a direct interest as thesovereign. Public law includes criminal law, constitutional law andadministrative law.
Private law is the law in which the state has no directinterests as the state or sovereign. It is concerned with the legalrelationships between persons in ordinary transaction e.g. law of contract, lawof property, law of succession, law of marriage and law of torts.
Substantivelaw is defines the rights and duties of the parties and prescribes the remediesapplicable. It defines offences and prescribes the punishment, for example: Thelaw succession. Procedural law is adjectival law. It consist the guidingprinciples or the rules of practice to be complied within the administration ofjustice e.g.
The Criminal Procedure Code. Criminal law is the law of crime.Crime is an act or mission committed or omitted in violation of public law e.
g.murder and theft. The legal system can be dividing into three which arecivil laws system, common laws system and religious law system. Civil lawsystem is the system that used in most countries around the world. The systemis largely practice in Continental Europe (including Germany, Spain), SouthAmerican (except Guyana), Japan, China and etc. The modern civil law is derivedfrom the legal practice of the 6th-century Eastern Roman Empire.
Civillaw system is also known as codified law. Civil law system evolved inContinental Europe. The sources of civil law system are constitution, statutesand subsidiary legislation, customs, and international law. In civil law systemconstitution is essentially required. Precedents are used to determinetypically administrative or constitutional court matters. In this system, thetypes of trial are inquisitorial and collaborative. The function of lawyers isthis system is advice and inform. The roles of judge in this system is become adirector or examiner.
The common law system is uncodified laws. Common lawsystem mainly evolved in England and in its Colonies. The system largelypracticed in UK, USA, Australia, Canada, India and etc. The purpose of civil laws is to regulaterelations between individuals or groups of individuals. Other than that, ithelps to peacefully settle disputes and the government not directly involved. Thesources of common law system are judicial precedent, custom, convention,statutes and subsidiary legislation and international law. The constitution ofthe common law is not essentially required, but these most of the countriespracticing common law system have the Constitution. In common laws system,precedents are commonly used to decide the cases.
The types of trial areaccusatorial and confrontational. Function of lawyer in this system is debateand oppose. The judges in this system consist as referee or umpire.
Politicalappointment from practicing lawyers or judges (of lower court); Judges of lowercourts are appointed through competitive examinations. Religious law refers to the concept of religioussystem or document being used as a legal resource, refers to concept that theword of God is law. It has a static and permanent quality, preventingimprovement during legislative acts of government or development duringjudicial antecedent. The most important kinds of religious law are Halakha inJudaism; Sharia in Islam, both of them is denoting the “path to follow”, andCanon law in some Christian groups. Sometimes the cases are proposed simply asindividual moral guidance, whereas it may propose and may be used as the sourcefor a country’s legal system. The Halakha is followed by traditional of Jews in bothecclesiastical and civil relations. There is no any country is completelygoverned by Halakha, but two Jewish people may decide because of personalbelief. Sharia law governs some number of Islamic countries, counting SaudiArabia and Iran, even though most of the countries are use Sharia Law as acomplement to national law.
It can referto all the characteristics of civil law including property rights and publiclaw. Canon law is not religious law because it is not found in revelation.Canon law normalizes the internal ordering of the Roman Catholic Church and theEastern Orthodox Church. It is rectified and modified by the legislativeauthority of the church.
