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The concept and features of law

The concept and features of law

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The concept and features of law

  1. 1. The concept and features of law Tykhenko Dariia Zrazhevskyi Mykhailo EO-204i
  2. 2. What is Law? 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 a system of rules that are enforced through social institutions to govern behavior. Laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or by judges through binding precedent, normally in common law jurisdiction
  3. 3. Meaning of Law For a community or society to work, it needs to have a level of structure that applies to everyone and is understood by everyone. Laws create that structure and regulate the way in which people, organisations and governments behave. A law is a rule that comes from a legitimate authority and applies to everyone. Laws are created to make sure that everyone understands what is expected of them as a member of society (their obligations) and what they can expect of others, including government (their rights).
  4. 4. Features 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. Law can be the threat to those who are willing to do wrong in society and once they commit anything wrong are severely punished.
  5. 5. Features of Law The punishments which are given to the guilty are also decided by the law. Each country has the court which settles any issues taking place in a state according to the laws formulated. Law act as a shield to every individual in the state. It helps people co-exist harmoniously and protect themselves from any wrong or evil doings. These laws are made by the representatives of the citizen. Then this law also requires public opinion and should also function in accordance with public needs. Law is said to be blind as it does not believe in any discrimination. All are equal in front of the law.
  6. 6. Sources of Law • Custom: 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. Who went against the will of custom would face punishment. Later these customs took a new turn and formulated as an organized political institution having converted all the customs into law. • Religion and Morality: Each religion has its own set of rules and regulation which helps people be a good human. Religion was followed and whoever violated it suffered punishment according to their religion. But with the improvement and human civilization people started to Rules of morality and religion acted as source material to the state to formulate the law. • 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. Every state has its own legislative body which serves as a source and got the identity of the Legal sovereign from ruler to the legislation.
  7. 7. Sources of Law • Delegated Legislation: due to less time, fewer people with professional skills and quick need of laws to exercise the state gave rise to the delegation of legislation. The state got an emergency to make laws as quickly as possible as it cannot rely on one specific legislation. So the power to make law was divided into different executives for easy, fast and smooth lawmaking process. Now it serves as a giant source of law. • 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. • 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.
  8. 8. Types of Law: Eternal Law Divine Law Natural Law Human or Positive Law
  9. 9. CLASSIFICATIONS OF LAW 1. Public and Private Law 2. Civil Law and Criminal Law 3. Substantive and Procedural Law 4. Municipal and International Law 5. Written and Unwritten Law
  10. 10. Thank you for attention!

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The concept and features of law

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