definition and classification of law
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TYPES OF LEGAL SYSTEM
Common law legal system
Civil law legal system
Socialist law legal system
Religious law legal system
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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
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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
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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
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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.
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DEFINITION OF LAW
Natural Law School
Positive Law
Sociological School
Realism
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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.
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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THE END