7/27/2019 Definition and classification of law

1/19

7/27/2019 Definition and classification of law

2/19

TYPES OF LEGAL SYSTEM

Common law legal system

Civil law legal system

Socialist law legal system

Religious law legal system

7/27/2019 Definition and classification of law

3/19

COMMON LAW LEGAL

SYSTEM

Derived from the English system

Practised in USA, Australia, Canada, India,

Brunei, Malaysia

EG. Judicial decisions form important source

of law

Doctrine of stare decisis interpretation of the

legislature Cases are the primary source of law, while

statutes are only seen as incursions into the

common law and thus interpreted narrowly

7/27/2019 Definition and classification of law

4/19

CIVIL LAW LEGAL SYSTEM

Developed out of Ramono Germanic legal

tradition of continental Europe

Roman law is the basic source of law

legislation is seen as the primary source of

law.

courts thus base their judgments on the

provisions of codes and statutes, from whichsolutions in particular cases are to be derived.

Courts thus have to reason extensively on the

basis of general rules and principles of the

code, often drawing analogies from statutory

7/27/2019 Definition and classification of law

5/19

SOCIALIST LEGAL SYSTEM

Practised in Soviet Union and Chinese Soviet

Republic

The society is divided between the upper and

lower class

Ruling class used law as a tool of reform and

social change

Economic policy is a tool to dismantle the oldorder

Socialist state is structured according to the

popular sovereignty and state policy is to

originate from popularly elected representative

7/27/2019 Definition and classification of law

6/19

RELIGIOUS LEGAL SYSTEM

Practiced by Saudi Arabia, Kuwait, Egypt and

Pakistan.

The Islamic Shariah shall be the principle

source of legislation.

Primary source of law is the Al-Quran and Al-

Sunnah

The jurist in Islamic law never had theauthority to make law in their own right.

Discover the law and expand it.

7/27/2019 Definition and classification of law

7/19

DEFINITION OF LAW

Natural Law School

Positive Law

Sociological School

Realism

7/27/2019 Definition and classification of law

8/19

Natural Law School

Law is essential to man

Law is to be discovered by man from his

surroundings

Aquinas

Law of God replaced

Aristotle- law of nature

The man is part of nature and has role to play.

Nature to procreate, protect family andsurvival. So natural to abide by principles of

human conduct.

7/27/2019 Definition and classification of law

9/19

Austin law as the command of the sovereign

body in a society and these commands are

backed by threats of sanctions if there is any

disobedience Hart We obey law because of complex social

psychological processes, accept the authority

of the source of law, and consider it right and

proper to do so.

The law is a coercive order of human

behaviour and is built from legal normd which

are valid only if authorised by legal norms of a

POSITIVE LAW SCHOOL

7/27/2019 Definition and classification of law

10/19

SOCIOLOGICAL SCHOOL

Law as a tool or facilitating mechanism,

making transactions possible between men,

mechanism of social control, regulating

activities and interests in the name ofcommunity, a ruling class or the state.

Karl Marx law as a tool and important means

to shape the society.

The ruling class exploits lower class, have

control of state institutions

7/27/2019 Definition and classification of law

11/19

REALISM

View society as a system, comprising of

actions and institutions, each functioning to

maintain social institutions and social forces.

Law is not a social gift, but is part of the overallsocial structure having links and dependencies

with other social elements and forces.

Lewellyn

basic rules are necessary toaccommodate changes in the circumstances

of the group.

7/27/2019 Definition and classification of law

12/19

FUNCTIONS OF LAW

To control and determine the life of the society

and to eliminate unfairness

To established the rights and liabilities of a

person

To established an order or a system of life of a

particular society

To achieve justice

7/27/2019 Definition and classification of law

13/19

CLASSIFICATION OF LAW

Public or private law

National or international law

Civil or criminal law

Man-made or god made law

Substantive and procedural law

7/27/2019 Definition and classification of law

14/19

PUBLIC OR PRIVATE

Public law

Laws involve the states and individuals

Criminal law, administrative and constitutional law

Private law

Laws involving relationships of rights and

obligation between individuals Laws of tort, contract family law

7/27/2019 Definition and classification of law

15/19

NATIONAL OR

INTERNATIONAL

National state or nation has law enacted that

could assure peace and harmony

International United Nations, understanding

among members that could be achievedthrough treaties or conventions

International Court of Justice

7/27/2019 Definition and classification of law

16/19

CIVIL OR CRIMINAL

Civil

Law relating to transactions and undertakings

among individuals

Compensation, injunction

Criminal

Involves matters involving the state and the

individuals

Criminal Procedure Code

7/27/2019 Definition and classification of law

17/19

MAN MADE LAW OR GOD

MADE LAW

Federal Constitution provides that parliament

is the law making body for Malaysia

God made cannot be changes, interpreted to

overcome the needs of society

7/27/2019 Definition and classification of law

18/19

SUBSTANTIVE OR

PROCEDURAL

Substantive

Law that provide details of the rights and

obligations of individuals

Procedural

Laws involve the procedure or method at

obtaining a particular rights

How to make a contract

7/27/2019 Definition and classification of law

19/19

THE END