TOPIC :

MEANING OF LAW, NECESSITY &

CLASSIFICATION
 ICE BREAKING SESSION…

• What is law ?
• Why do you study law ?
• Where can you find law ?
• When should you know law ?
• How should you study law ?
 WHAT IS LAW ?
• LITERALLY : Rules of conduct.
• OXFORD DICT.: The body of enacted or customary rules
recognized by a community as binding.
• SIR JOHN SALMOND : The body of principles recognized
and applied by the State in the administration of
justice.
• JOHN AUSTIN : A command set by superior being to an
interior being and enforced by sanctions.
• Article 160(2) of Federal Consti.& Item (43 C) of Section
2(1) of Interpretation & General Clauses Ordinance
1948 : Law includes written law, common law (in so far
as it is in operation in federation / any part) and any
custom/usage having the force of law in the
federation/any part thereof.
 PURPOSE OF LAW
• To attain justice in society. Relates to the
concept of right and wrong, fairness and
equality.
• To encourage the doing of what is right/just in
a particular situation.
• Other purposes ?
• Other purposes…

1. It stops or prevents people from doing evil or

immoral things
2. It resolves disputes among people in the community
3. Law encourages people to do right things
4. Law promotes common good in the society
5. Law ensures protection of assets and properties
6. Helps in maintaining or creating peace and order in
the society
7. Law reviews and puts government agencies in check
8. Promotes equality, fairness and justice
9. Law governs affairs between different nations
10.To protect you from outside aggression or harm
(robbery, assault, etc.)
11. To establish the rules needed for a society to live
and work together (traffic laws, contract law, etc.)
12. To protect the fabric of society as agreed upon by
the voice of the people or their representatives
(pornagraphy laws, marriage laws, drug laws, etc.).
13. To punish people who commit crimes.
 LAW AND MORALITY
• Basis of morality is the concept of right
& wrong.
• Moral v religion.
i. Moral - relationship bet. man & man.
Religion - relationship bet. man &
God.
ii. Moral wrong - harmful to social.
Religion wrong - a sin (harmful to
social & religion itself).
 LAW AND MORALITY
Morality v law.
i. Morality is perpetual but law is
amendable.
ii. Morality is optional in character but law
makes human conduct obligatory. Thus,
consequence of moral breaking is
shame/guilt but law breaking leads to
punishment in form of imprisonment,
fines etc. Examples ?
iii. Morality is general application & emerges
fr. particular groups but law is specific ie
relates to particular situation & emerges
fr. Government.
 CLASSIFICATIONS OF LAW
Variety of classification ways eg :
• PRIVATE & PUBLIC LAW
• CIVIL & CRIMINAL LAW
• SUBSTANTIVE & PROCEDURAL LAW
• COMMON LAW & RULES OF EQUITY (English
law)
• INTERNATIONAL LAW
 1. PRIVATE LAW
• Concern with the rights & duties of individuals towards
each other.
• Action may be brought by any individual against
another individual / a group of individuals.
• Aimed at giving compensation to persons injured or to
enable property to be recovered or to enforce
obligations like contracts and trusts.
• Contains several major branches of law : Law of
Contract, Law of Tort, Law of Property, Law of
Succession, Family Law etc.
 2. PUBLIC LAW
• Governs relationship between individuals and government,
structure of government and duties & powers of officials.
• Divided into 3 : Constitutional Law, Administrative Law and
Criminal Law.
– CONSTITUTIONAL LAW: Rules regulate structure of principal organs of
government & their relationship to each other & their main functions.
– ADMINISTRATIVE LAW: Law relating to the organization, powers and
duties of administrative authorities.
– CRIMINAL LAW: as discussed later
 3. CIVIL LAW
• Same as private law..
 4. CRIMINAL LAW
• It characterizes certain kinds of wrongdoings as offences
against the State/government and punishable by the
State/government.
• Aims at punishing criminals & suppressing crimes.
• Proceeding brought by the Public Prosecutor on behalf of
State/government against the wrongdoers.
• Essential elements of a crime are “actus reus” (wrongful act)
and “mens rea” (guilty mind).
______
• Differences between civil & criminal law ?
If you are a lawyer, would you defend this person ?
 5. SUBSTANTIVE LAW
• Body of rules of law in all branches as discussed above.
It is the actual/real rules of law.
• It lays down people’s rights, duties, liberties &
powers.It lays down which behaviours are to be
followed and which are prohibited.
• It defines the types of crimes and the severity
depending upon factors such as whether the person is
a repeat offender, whether it is a hate crime, whether
it was self-defense etc. It also defines the
responsibilities and rights of the accused.
• Example : That murder is a common law offence or that
theft is a crime under the Penal Code.
 6. PROCEDURAL LAW
• Rules on how substantive laws are to be administered,
enforced, changed, etc.
• It lays down rules on the manner/methods in which a
right is enforced under civil law or in which a crime is
prosecuted under criminal law. It gives a step by step
action plan on how the case is supposed to proceed in
order to achieve the desired goals.
• Relates to procedures carried out in civil and criminal
case. “The Civil Procedure” and “The Criminal
Procedure”.
• Civil Procedure is mainly governed by Rules of High
Court and Subordinate Court Rules. Criminal procedure
is governed by Criminal Procedure Code (CPC).
 6. PROCEDURAL LAW
• Thus, a legal action is started by taking out a writ in civil cases,
or a summons / an arrest in criminal cases and ends by the
trial and judgment in court followed by execution of
judgment.
• Example :
– A legal action in civil matters is began by filing a statement of claim.
– Procedures on how to present evidence in court
 7. COMMON LAW
• It is part of the law in England formulated, developed and
administered by the old common law courts, based on the
common customs of the country.
• It developed through judicial decisions.
• It is “judge-made” law and not enacted law.
 8. RULES OF EQUITY
• Inspired by the ideas of natural justice.
• Originally, it is a body of rules formulated and administered
only by the Court of Chancery. Later it is administered in all
divisions of English court.
• Described as “a gloss” to the Common Law ie. filling in the
gaps in making the English legal system.
• Nowadays equity + common law are oftenly described
together to mean judicial decisions of the courts of England.
• YAT BOON TIA v TENG SUN TONG
[2000] 6 CLJ 235
 9. INTERNATIONAL LAW
• A body of law composed for the
principles + rules of conduct which
countries feel themselves bound to
observe and consequently commonly do
observe, in their relations with each
other. Eg. refugees and human trafficking
issues.
 9. INTERNATIONAL LAW
• Divided into 2 :
– PUBLIC INTERNATIONAL LAW : Law
prevails between countries.
– PRIVATE INTERNATIONAL LAW: A part
of municipal law with different
versions according to each country.
Consists of rules that guide a judge
when the laws of more than one
country affect a case.
THE END