Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 28 views

    IBus Law Leg Env-Lec 1

    Uploaded by

    buttismat
    The document discusses the nature and meaning of law, sources of law, and types of law. It defines law as rules that regulate behavior and are enforced by authority. The sources of law include legislation, precedent, customs, agreements, and professional opinion. The types of law discussed are imperative law, physical law, natural law, conventional law, customary law, technical law, international law, and civil law.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPT, PDF, TXT or read online from Scribd

    IBus Law Leg Env-Lec 1

    Uploaded by

    buttismat
    28 views21 pages
    The document discusses the nature and meaning of law, sources of law, and types of law. It defines law as rules that regulate behavior and are enforced by authority. The sources of law include legislation, precedent, customs, agreements, and professional opinion. The types of law discussed are imperative law, physical law, natural law, conventional law, customary law, technical law, international law, and civil law.

    Original Description:

    Intro of Business Law

    Copyright

    © Attribution Non-Commercial (BY-NC)

    Available Formats

    PPT, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The document discusses the nature and meaning of law, sources of law, and types of law. It defines law as rules that regulate behavior and are enforced by authority. The sources of law include legislation, precedent, customs, agreements, and professional opinion. The types of law discussed are imperative law, physical law, natural law, conventional law, customary law, technical law, international law, and civil law.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    28 views21 pages

    IBus Law Leg Env-Lec 1

    Uploaded by

    buttismat
    The document discusses the nature and meaning of law, sources of law, and types of law. It defines law as rules that regulate behavior and are enforced by authority. The sources of law include legislation, precedent, customs, agreements, and professional opinion. The types of law discussed are imperative law, physical law, natural law, conventional law, customary law, technical law, international law, and civil law.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    of 21

    Business Law and Legal Environment

    Presenter: (Feb 2013) Lecture 1

    ISMATULLAH BUTT Ph.D. (Scholar) Mohammad Ali Jinnah University Islamabad Campus

    Nature and Meaning of Law


    The word Jurisprudence has been derived from two Latin words Jus and Prudentia connoting justice and knowledge respectively. Literally it means knowledge of law or knowledge of just and unjust.

    Law, in general terms may be defined as a rule of action and applicable indiscriminately to all kinds of actions.
    Jurisprudence originally meant a knowledge of law but with the passage of time , it has acquired the following meaning too;

    Nature and Meaning of Law


    i. ii. iii. iv. v. vi. Elucidation of general principles on which the actual rules of law are founded. The science of civil law. (Salmound) The study of the nature and functions of law. The formal science of positive law. (Holland) The science of attainment of justice by means of rules of law. (lightwood) The study of the principles underlying the rules applied in the judicial determination of legal controversies. (Grey)

    Nature and Meaning of Law


    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 of mankind which has gained distinct and formal recognition in the shape 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 or self- imposed by the members of a society to control and regulate peoples behavior with a view to; securing justice, peaceful living and social security.
    4

    Nature and Meaning of Law


    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.

    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.

    Sources of Law
    a) Formal Sources : The source from which a rule of law derives its force and validity. Material Sources : The sources from which the rule of law derives its material and not its force pr validity. Material sources can further be subdivided into ; Legal Sources Historical Sources

    b)

    i. ii.

    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 authoritative source of English law, but those of American courts are, in England, merely a historical or un-authoritative source.
    8

    Types of Legal Sources-(i)


    1. 2. 3. 4. 5. Legislation Precedent Customs Agreement Professional opinion

    Types of Legal Sources-(ii)


    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 its existence and validity on some superior authority.

    10

    Types of Legal Sources-(iii)


    1. Legislation :
    Sub-ordinate legislation may take the following forms; (i) (ii) (iii) (iv) (v) Executive Judicial Colonial Municipal Autonomic

    11

    Types of Legal Sources


    2. Precedent : It is establishing of law by recognition and
    application of new rules by the courts while administering justice.

    3. Custom : The law based on 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


    of law.

    12

    Types of Law
    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.

    13

    Types of Law
    1.Imperative Law:
    A rule which prescribes a general course of action imposed by some authority which enforces it by superior power, either by Physical 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.

    14

    Types of Law:
    2. Physical or Scientific Law:

    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.

    15

    Types of Law
    3. Natural or Moral Law:
    Other names are Divine law, Rational law, Unwritten law, Universal or Common law. In its primary sense, a rule governing a set of natural phenomenon 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 and moral constitution of man as a man.

    16

    Various Types of Law


    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; Rules that are recognized and enforced by the state. Rules enforced by the parties themselves. It is law in general sense as its rules ensure a uniformity of conduct.

    i. ii.

    17

    Various Types of Law:


    5. Customary Law :
    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.

    18

    Various Types of Law


    6. Practical or Technical Law :
    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.

    19

    Various Types of Law:


    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 one another. Violation of such rules gives the injured party a legal right to redress. It may be; i. conventional international law. ii. Customary international law.
    20

    Various Types of Law:


    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.

    21

    You might also like