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Business Law and Legal Environment

Presenter:

(Feb 2013)

Lecture 1

ISMATULLAH BUTT

Ph.D. (Scholar)

Mohammad Ali Jinnah University

Islamabad Campus


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Nature and Meaning of Law

The word Jurisprudence has been derived from two Latinwords Jus and Prudentia connotingjustice andknowledge respectively.

Literally it means knowledge of law or knowledge ofjustand unjust.

Law, in general terms may be defined as a rule of actionand applicable indiscriminately to all kinds of actions.

Jurisprudence originally meant a knowledge of law but withthe passage of time , it has acquired the following meaningtoo;

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i. Elucidation of general principles on which the actual rulesof law are founded.

ii. The science of civil law. (Salmound)

iii. The study of the nature and functions of law.

iv. The formal science of positive law. (Holland)

v. The science of attainment of justice by means of rules of

law. (lightwood)

vi. The study of the principles underlying the rules applied in

the judicial determination of legal controversies. (Grey)

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Rule made by authority for the proper regulation of a

community or society for correct conduct in life.(Oxford English Dictionary)

Law is that portion of the established habit and thought ofmankind which has gained distinct and formal recognition in theshape of uniform rules backed by the authority and power of

the Government. (Woodrow Wilson) Broadly speaking, the term Law denotes:

Rules and principles either enforced by an authority orself- imposed by the members of a society to control andregulate peoples behavior with a view to;

securing justice, peaceful living and

social security.

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There cant be a uniform set of rules and

principles for all kinds of peoples activities.

Civilized societies provide and enforce

different sets of rules and guiding principles

for different kinds of social behavior.

This gives birth to several branches of law.

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Sources of Law- Meaning

According to Austin, an eminent writer, the three meaning of

sources of Law are as under:

1. The immediate author of the law - a person or a body of

persons who originally formulated the rule.

2. The earliest ancient document in which the rules can be

found the literary sources.

3. Causes to which the laws owe their existence-legislation

adjudication, custom, scientific discussion, religion, equity.

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a) Formal Sources : The source from which a rule of law

derives its force and validity.

b) Material Sources : The sources from which the rule of lawderives its material and not its force pr validity.

Material sources can further be subdivided into ;

i. Legal Sources

ii. Historical Sources

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Sources of Law


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Sources of Law

(i) Legal Sources: They are recognized by the law itself.

They are authoritative.

The courts of law allow them as right.

(ii) Historical Sources : They are destitute of legal recognition.

They are un-authoritative in nature.

They sources are not allowed as of right to be claimed.

The decisions of English courts are a legal and authoritativesource of English law, but those of American courts are, in

England, merely a historical or un-authoritative source.

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Types of Legal Sources-(i)

1. Legislation2. Precedent

3. Customs

4. Agreement

5. Professional opinion

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1. Legislation : Making of law by the formal declaration of new rules by some

authority recognized by the respective courts of law.

The law having its origin in legislation is called enacted law.

Legislation may be either supreme or subordinate. Supreme legislation proceeds directly from the sovereign

power in the state therefore is free from any external control.

Subordinate legislation proceeds from any authority other

than the sovereign power therefore, dependent for itsexistence and validity on some superior authority.

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Types of Legal Sources-(ii)


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Types of Legal Sources-(iii)

1. Legislation :

Sub-ordinate legislationmay take the following forms;(i) Executive

(ii) Judicial

(iii) Colonial

(iv) Municipal(v) Autonomic

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2. Precedent :It is establishing of law by recognition andapplication of new rules by the courts while administeringjustice.

3. Custom : The law basedon customs of the society is called

customary law .4. Agreement : The terms of agreement constitute

conventional law for the parties.

5. Professional opinion :This may also be called a source

oflaw.

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Types of Legal Sources


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1. Imperative Law.2. Physical Law.

3. Natural or Scientific Law.

4. Conventional Law.

5. Customary Law.

6. Practical or Technical Law.

7. International Law.

8. Civil Law.

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Types of Law


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1.Imperative Law:

A rulewhich prescribes a general course of action imposedby some authority which enforces it by superior power,

either byPhysical force or by any other form of compulsion.

The three ingredients of imperative law are;

i. It must be a general law.

ii. It must have some authority behind it.

iii. It must be enforced by superior power.

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Types of Law


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2. Physical or ScientificLaw: The rules relating to a uniformity of behavior of inanimate

or animate things or beings, under particular circumstances.

Rules of chemistry, physics, astronomy, biology etc

The law if broken, ceases to be a law.

Civil law if broken will still remain a law.

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Types of Law:


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3. Natural or MoralLaw:

Other namesare Divine law, Rational law, Unwritten law,Universal or Common law.

In its primary sense, a rule governing a set of naturalphenomenon and set by the guiding principle pervading in the

universe.

In its application to morality, it means a law which Nature

herself set to the mankind-that issues out of the mental andmoral constitution of man as a man.

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Types of Law


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4. Conventional Law : The body of rules agreed by the parties which are subject

to them in order to regulate their conduct toward one

another.

The law acquire its force or validity from the agreement. The two kinds of conventional law are;

i. Rules that are recognized and enforced by the state.

ii. Rules enforced by the parties themselves.

It is law in general sense as its rules ensure a uniformity of

conduct.

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Various Types of Law


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5. CustomaryLaw : The rules which are habitually followed by a majority of

persons subject to them.

These have been followed for a long time in the past and are

expected to be followed in future as well. Some rules of customary law may come to be recognized and

enforced by the state.

They derive their force from the long course of past conduct.

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Various Types of Law:


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Various Types of Law

6. Practical or TechnicalLaw : All rules which are to be followed to achieve uniformity of results in

practical or technical matters.

These rules when followed repeatedly will yield uniformly similar results.

Rules of manufacture, engineering, photography.


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7. International Law : Those rules which govern sovereign states in their relations

and conduct toward each other.

The body of rules which by custom or treaty, civilized states

regard as binding upon themselves in their relations with oneanother.

Violation of such rules gives the injured party a legal right to

redress.

It may be;

i. conventional international law.

ii. Customary international law.

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8. Civil Law: The law of the state, the law of the land, the law of the lawyer

and law of the courts.

This is the most commonly understood / used meaning of law.

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