DEFINITION AND CLASSIFICATION OF LAW

LAW 245- MALAYSIAN LEGAL SYSTEM

TYPES OF LEGAL SYSTEM

Common law legal system Civil law legal system Socialist law legal system Religious law legal system

COMMON LAW LEGAL SYSTEM

Derived from the English system Practised in USA, Australia, Canada, India, Brunei, Malaysia EG. Judicial decisions form important source of law Doctrine of stare decisis interpretation of the legislature Cases are the primary source of law, while statutes are only seen as incursions into the common law and thus interpreted narrowly

CIVIL LAW LEGAL SYSTEM

Developed out of Ramono Germanic legal tradition of continental Europe Roman law is the basic source of law legislation is seen as the primary source of law. courts thus base their judgments on the provisions of codes and statutes, from which solutions in particular cases are to be derived. Courts thus have to reason extensively on the basis of general rules and principles of the code, often drawing analogies from statutory

SOCIALIST LEGAL SYSTEM

Practised in Soviet Union and Chinese Soviet Republic The society is divided between the upper and lower class Ruling class used law as a tool of reform and social change Economic policy is a tool to dismantle the old order Socialist state is structured according to the popular sovereignty and state policy is to originate from popularly elected representative

RELIGIOUS LEGAL SYSTEM

Practiced by Saudi Arabia, Kuwait, Egypt and Pakistan. The Islamic Shariah shall be the principle source of legislation. Primary source of law is the Al-Quran and AlSunnah The jurist in Islamic law never had the authority to make law in their own right. Discover the law and expand it.

DEFINITION OF LAW

Natural Law School Positive Law Sociological School Realism

Natural Law School

Law is essential to man Law is to be discovered by man from his surroundings Aquinas Law of God replaced Aristotle- law of nature The man is part of nature and has role to play. Nature to procreate, protect family and survival. So natural to abide by principles of human conduct.

POSITIVE LAW SCHOOL

Austin law as the command of the sovereign body in a society and these commands are backed by threats of sanctions if there is any disobedience Hart We obey law because of complex social psychological processes, accept the authority of the source of law, and consider it right and proper to do so. The law is a coercive order of human behaviour and is built from legal normd which are valid only if authorised by legal norms of a

SOCIOLOGICAL SCHOOL

Law as a tool or facilitating mechanism, making transactions possible between men, mechanism of social control, regulating activities and interests in the name of community, a ruling class or the state. Karl Marx law as a tool and important means to shape the society. The ruling class exploits lower class, have control of state institutions

REALISM

View society as a system, comprising of actions and institutions, each functioning to maintain social institutions and social forces. Law is not a social gift, but is part of the overall social structure having links and dependencies with other social elements and forces. Lewellyn basic rules are necessary to accommodate changes in the circumstances of the group.

FUNCTIONS OF LAW

To control and determine the life of the society and to eliminate unfairness To established the rights and liabilities of a person To established an order or a system of life of a particular society To achieve justice

CLASSIFICATION OF LAW

Public or private law National or international law Civil or criminal law Man-made or god made law Substantive and procedural law

PUBLIC OR PRIVATE

Public law
Laws

involve the states and individuals Criminal law, administrative and constitutional law Private law Laws involving relationships of rights and obligation between individuals Laws of tort, contract family law

NATIONAL OR INTERNATIONAL

National state or nation has law enacted that could assure peace and harmony International United Nations, understanding among members that could be achieved through treaties or conventions
International

Court of Justice

CIVIL OR CRIMINAL

Civil
Law

relating to transactions and undertakings among individuals Compensation, injunction

Criminal
Involves

matters involving the state and the individuals Criminal Procedure Code

MAN MADE LAW OR GOD MADE LAW

Federal Constitution provides that parliament is the law making body for Malaysia God made cannot be changes, interpreted to overcome the needs of society

SUBSTANTIVE OR PROCEDURAL

Substantive
Law

that provide details of the rights and obligations of individuals

Procedural
Laws

involve the procedure or method at obtaining a particular rights How to make a contract

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