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Unit 1

The document discusses the definition and nature of law. It provides definitions of law from several scholars, highlighting that law is a set of rules established by a sovereign authority and enforced through sanctions. The document also categorizes different types of law such as substantive vs procedural law, civil vs criminal law, and private vs public law. It concludes by discussing sources of law.

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Ayesha james
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Download as PPTX, PDF, TXT or read online on Scribd
45 views

Unit 1

The document discusses the definition and nature of law. It provides definitions of law from several scholars, highlighting that law is a set of rules established by a sovereign authority and enforced through sanctions. The document also categorizes different types of law such as substantive vs procedural law, civil vs criminal law, and private vs public law. It concludes by discussing sources of law.

Uploaded by

Ayesha james
Copyright
© © All Rights Reserved
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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LAW

 Ignorance of law is not excused.


 There is no uniformity in definition of law.
 It change time to time or it should be
according to the society.
 New problem- new law.
Definition of law

• a set of rules made by the authorities to reform


the conduct of a man.
• Law in general sense has different
connotations for different people
Definition of law
by scholars
• Different definitions given by some scholars:
• Salmond defines law as the body of
principles recognized and applied by the
state in the administration of justice.
• According to Austin, "law is the aggregate
of rules set by men as politically superior or
sovereign to men as politically subject.
Cont..
• According to Duguits's definition of law,
Law is also defined in relation with the
society. The aim of the social institutions is
to safeguard and further it.
• Roscoe Pound defines law as a social
institution to satisfy social wants. This
approach is very valuable.
Salient Features of law
• Equal treatment
• Sovereign authority
• Sanction
• Justice
• Role of Law
• Dynamism
Nature of law
• Law is set of rule: published and distributed,
simple, understanding.
• It is made and enforced by state or sovereign
authority.
• It regulates external human action.
• It maintain peace and justice in the society. It
also protect life, liberty and property of the
people.
Cont..
• If law is not followed, then the person will be
punished according to the law.
• Equal treatment to all.
• Means of justice.
• Interpretation by court.
• Dynamic: not static (i.e change)
Types of law
General way we can classify the law in following
terms:
1. Substantive law and Procedural law.
2. Civil law and Criminal law
3. Private law and Public law
4. National law and International law
Substantive law and Procedural law.

Substantive law:
 legal principles
 Subject matter of law
 It is real or actual law
 Defined rights and obligation of the person
 No retrospective effect
Procedural law:
 Means to achieve the aims of law
 It explain the instructions to the remedy
 Influence by retrospective effect
Civil law and Criminal law

Civil law :
 Basically matter of property
 There is no any punishment
 Compensation
 Against people
 E.g, contract, family disputes
Criminal law:
 Punishment
 Party is state
 Crime against state
 E.g, murder
Private law and Public law

Private law:
 Like civil law
 Related to individual interest

Public law:
 Related to public interest
 Crimes regarding the public security
 Public interest litigation
National law and International law

National law:
 Function only in territory of state.

International law:
 Followed by other countries
 E.g, Human rights , WTO
Source of law
1. Tradition, custom and usages.
2. Law made by parliament(legislation).
3. Precedent:
 Law is not clear
 similar nature, Similar fact
 Ratio decidendi (reason of decision)
 Not conflicting with fundamental principle of law
 Not overruled by other statute and precedent.

4. Treaties and convention(conventional law).


Cont…
5. Laws of other countries.
6. Writing or opinion of the scholars or experts
7. Executive orders: ordinance
What is Business Law?
• Business &
• Law
Business
• Human activities, which involve production
or purchase of goods with the object of
selling them at a profit.
• Business being an all embracing term
– Industry - concerned with the production of
goods
– Commerce (including trade) – concerned with
distribution of what is produced.
What is law?
• Means different things in different societies
• Different schools of thought have defined
‘law’ from different angles
• ‘Law’ is a dynamic concept
• Rule made by authority for the proper
regulation of a community or society or for
correct conduct in life.
What is law?
• Denotes rules and principles either enforced
by an authority or self-imposed by the
members of a society to control and regulate
people’s behavior with a view to securing
justice, peaceful living and social security
Characteristics of Business law
• branch of civil law
• regulates all the matters related to industry, commerce
and trade.
• equal treatment to all the persons including individuals
or firms or corporate bodies involved in business
• maintain peace, order, security and uniformity in the
business community and create a good environment.
• dynamic in nature.
• regulatory as well as punitive
Functions of business law

• Defines and creates awareness about the rights, duties


and liabilities of the business persons, institutions and
the government agencies.
• Regulates industry, trade and commerce.
• Regulates the different business activities in the state.
• Protects rights and interests of business communities.
• Brings uniformity in the conduct of the businesses.
Functions of business law
• Encourages business communities by providing
facilities.
• Provides guidelines to the business firms in
carrying out their businesses.
• Provides mechanisms for settlement of disputes
• Punishment for violation of laws and rules
• Creates harmony among the different sectors of
the business.
Sources of business law
• Custom and usage
• Statute laws
• Judicial decisions or case laws
• Commercial agreements, treatises or
conventions – WTO, SAFTA, BIPPA etc
• English mercantile law

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