Concepts and features of law

Concepts and features of law

1. CONCEPTS AND FEATURES OF LAW Presented by: NKRUMAH PREMPEH ANITA

2. THE CONCEPT OF LAW: MEANING AND DEFINITION ORIGIN AND CONCEPTUAL DEVELOPMENT VARIOUS TYPES OF LAW OR KINDS OF LAW THE SOURCES OF LAW SOURCES OF LAW SALMOND’S CLASSIFICATION OF SOURCES OF LAW FEATURES OF LAW CONCLUSION CONTENT

3. THE CONCEPT OF LAW: MEANING AND DEFINITION Law is a social science and grows and develops with the growth and development of society . New development in society creates new problems. In order to keep pace with society , the definition and scope of law must continue too change. The result is that the definition of law given at a particular time. Law is a principle and regulations established in a community by some authority and applicable to its people whether in the form of legislation or of custom and policies recognized and enforced by state authority law is subject matter of jurisprudence. It is any rule of action and includes any standards to which actions are confirmed. It means a body of rules of conducts actions or behaviours of person made and enforced by the state. It expresses a rule of human actions. It is a general rule of external human actions enforced by sovereign political authority. The system of rules which a particular country or community recognize as regulating the actions of its members and which it may enforce by the imposition of penalties.

4. ORIGIN AND CONCEPTUAL DEVELOPMENT Law is a social science and grows and develops with the growth and development of society . New development in society creates new problems. In order to keep pace with society , the definition and scope of law must continue too change. The result is that the definition of law given at a particular time. Law is a principle and regulations established in a community by some authority and applicable to its people whether in the form of legislation or of custom and policies recognized and enforced by state authority law is subject matter of jurisprudence. It is any rule of action and includes any standards to which actions are confirmed. It means a body of rules of conducts actions or behaviours of person made and enforced by the state. It expresses a rule of human actions. It is a general rule of external human actions enforced by sovereign political authority. The system of ru

5. Law is a system of rules that are enforced through social instructions to govern behaviours . Law can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive the rough decrees and regulations, or by judges through binding precedent, normally in common law jurisdictions, Law means justice morality, reason, order, righteousness etc. Law means status, acts, rules, regulations orders ordinances etc Law means and involves a uniformity of behavior, a constancy of happiness or a course of events, rules of actions, whether in the phenomena of nature of the ways of relational human beings.

6. TYPES OR KINDS OF LAW General law; the entire body of law consist of the general law and specific law. It may be described as the part of the law, which concerns and applies to all persons without discrimination and which is not limited in its application to a particular locality, but applies o the whole of the land. It is the law of realm. The general law is divided in three classes according to its sources such as statute, law, equality, common law. Foreign law Private international law Conventional law; cit originates in agreement. Agreement is a law for those who make it or I is law for those who have agreed to be bound by it. This law creates legal rights. Autonomic law; it is that specie of enacted law which has its sources in various forms of subordinate legislative authorities possessed by private persons or bodies of persons,

7. Special law ; it consist of certain other bodies of legal rules which only apply under special conditions. Sir John salmond made mention of the following law local and municipal law , it is a type of law which is obtained in certain parts of the states and it s territories. Customary law there are many customs which have been prevalent in the society before the state came in existence. They have assumed the force of the law in course of time. It is enforced by the state as law because of its general approval by the people. International law ; the law of nations of the 18 th centaury was named as international law by Bentham in 1780. it consist of rules regulate relations between states. Private law; it is concerned with the matters concerning the individual more than the public. It regulates and governs the relations of citizens with each other. Public law, it seeks to regulate the activities of the state. The important sub division of public law are constitutional law, administrative law. It deals with the rights and obligations of the state towards its citizen Constitutional law; it provides for the working of the constitution of a country . Constitutions of a country Administrative law; it is the law and rules concerning the administration of the executive of the executive department of the state.

8. S OURCES OF LAW Custom : these are believed to be one of the most important sources of law. In earlier times people used to follow certain customs which were accepted by all and which served as a fair, equal and just to all individuals. Different social institution borrowed these customs. Who went against the will of custom would face punishment. Religion and Morality : when we talk about religion and morality. Each religion has its own set of rules and regulation which helps people be a good human. In past when there was no organized institution of law so the religion played its role. Religion was followed and whoever violated it suffered punishment according to their religion. Judicial Decisions:  the judicial decision means the decision made by the court in accordance to looking after the cases and interprets which law should be applied where. There are certain situations when judicial decisions also become laws for future and that is why have to be considered as a source of law. Decisions made my main courts which are recognized as apex court can only be used as proper law .

9. Legislation:  In older days customs or rulers acted as the main source of lawmaking. But the later government took place and in government, we have a body which is said to legislation which now acts as a main source of law. Scientific commentaries : many jurists use scientific commentaries to make some laws better or we can say to develop and evolve laws jurist need these scientific commentaries. Jurist points out problems and strengths of the law and help this law to become stronger. The opinion given by this jurist is then used as a reference to make a decision on certain cases . Equity:  this basically means acting fairly and serving justice to all. In some exceptional cases, not all laws are suitable. So the judge as to use his intelligence and act with keeping in mind d what is fair for whom. Equity serves as a painkiller to those who are suffering and might be in future gain popularity and formulate laws on the basis of equity.  

10. Salmonds classification of sources of law Material sources formal sources Legal sources historical sources Legislation precedent customary law conventional law based on customs based on agreement

11. FEATRURES OF LAW Law must be applicable to all. Everyone in the eyes of law is equal and no one can escape from the eyes of the law. Law is uniform in nature. Power of making law lies in the hand of the state. State passes those laws which are considered to be for human welfare . The state has a government which also helps in making law and through which laws are enforced. Laws are said to be reliable and just for every individual present in the state. These are rules for every individual. Every state needs the law as it is believed to be the most important element which helps the state to function smoothly.

12. CONCCLUSION I will conclude by saying that law has been helpful in our societies and in the world as well, because it has established the frame work of state, it also defines the institutions of the state and sets out the limitation of their powers. It also sets out the relationships between the states and the individuals. Law has brought peace and unity . When there is no law, people try to take advantage of others.