Nature and Sources of law 1
INTRODUCTION TO LAW
Law, simply put, refers to the set of rules which guide our conduct in the society and is enforceable by the state via public agencies.
Law in its general sense tends to be as a result of the necessary relations arising from the nature of things. In this sense all things have
their laws.
According to the oxford dictionaries law can be defined as; The system of rules which a particular country or community recognizes
as regulating the actions of its members and which it may enforce by the imposition of penalties
Law in its general sense tends to be as a result of the necessary relations arising from the nature of things. In this sense all things have
their laws. Humans, material world, superior beings and even animals all have their own laws. Simply put, the nature of these
relationships tends to determine the nature of the laws.
But the intelligent world is far from being so well governed as the physical. This is because intelligent beings are of a finite nature,
and consequently liable to error; and on the other, their nature requires them to be free agents. Hence they do not steadily conform to
their primitive laws.
Law in general is human reason, inasmuch as it governs all the inhabitants of the earth: the political and civil laws of each nation
ought to be only the particular cases in which human reason is applied.
According to the oxford dictionaries law can be defined as; The system of rules which a particular country or community recognizes
as regulating the actions of its members and which it may enforce by the imposition of penalties
Characteristics of Law
1. It is a set of rules.
2. It regulates the human conduct
3. It is created and maintained by the state.
, Nature and Sources of law 2
4. It has certain amount of stability, fixity and uniformity.
5. It is backed by coercive/intimidating authority.
6. Its violation leads to punishment
7. It is the expression of the will of the people and is generally written down to give it certainty.
8. It is related to the concept of 'sovereignty' which is the most important element of state.
Functions/Purposes/ Reasons for study of Law
1. It promotes peaceful coexistence/ maintenance of law and order/ prevents anarchy.
2. It is a standard setting and control mechanism. Law sets standards and control of behavior and conduct in various areas such as
manufacturing, construction and trade.
3. It protects rights and enforces duties by providing remedies whenever these rights or duties are not respected.
4. Facilitates private choice. It enables persons to make choices and gives them legal effect.
5. It resolves social conflicts. Since conflicts are inevitable, the rule of law facilitates their resolution by recognizing the conflicts and
providing the necessary resolution mechanism.
6. It controls and structures public power. Rules of law govern various organs of government and confer upon them the powers
exercisable by them.
7. The law creates a limited Government. This promotes good governance, accountability and transparency. It facilitates justice in the
society.
Classification of Law
Law may be classified as:
1. Written and Unwritten. 2. National and International. 3. Public and Private. 4. Substantive and
Procedural
5. Criminal and Civil
INTRODUCTION TO LAW
Law, simply put, refers to the set of rules which guide our conduct in the society and is enforceable by the state via public agencies.
Law in its general sense tends to be as a result of the necessary relations arising from the nature of things. In this sense all things have
their laws.
According to the oxford dictionaries law can be defined as; The system of rules which a particular country or community recognizes
as regulating the actions of its members and which it may enforce by the imposition of penalties
Law in its general sense tends to be as a result of the necessary relations arising from the nature of things. In this sense all things have
their laws. Humans, material world, superior beings and even animals all have their own laws. Simply put, the nature of these
relationships tends to determine the nature of the laws.
But the intelligent world is far from being so well governed as the physical. This is because intelligent beings are of a finite nature,
and consequently liable to error; and on the other, their nature requires them to be free agents. Hence they do not steadily conform to
their primitive laws.
Law in general is human reason, inasmuch as it governs all the inhabitants of the earth: the political and civil laws of each nation
ought to be only the particular cases in which human reason is applied.
According to the oxford dictionaries law can be defined as; The system of rules which a particular country or community recognizes
as regulating the actions of its members and which it may enforce by the imposition of penalties
Characteristics of Law
1. It is a set of rules.
2. It regulates the human conduct
3. It is created and maintained by the state.
, Nature and Sources of law 2
4. It has certain amount of stability, fixity and uniformity.
5. It is backed by coercive/intimidating authority.
6. Its violation leads to punishment
7. It is the expression of the will of the people and is generally written down to give it certainty.
8. It is related to the concept of 'sovereignty' which is the most important element of state.
Functions/Purposes/ Reasons for study of Law
1. It promotes peaceful coexistence/ maintenance of law and order/ prevents anarchy.
2. It is a standard setting and control mechanism. Law sets standards and control of behavior and conduct in various areas such as
manufacturing, construction and trade.
3. It protects rights and enforces duties by providing remedies whenever these rights or duties are not respected.
4. Facilitates private choice. It enables persons to make choices and gives them legal effect.
5. It resolves social conflicts. Since conflicts are inevitable, the rule of law facilitates their resolution by recognizing the conflicts and
providing the necessary resolution mechanism.
6. It controls and structures public power. Rules of law govern various organs of government and confer upon them the powers
exercisable by them.
7. The law creates a limited Government. This promotes good governance, accountability and transparency. It facilitates justice in the
society.
Classification of Law
Law may be classified as:
1. Written and Unwritten. 2. National and International. 3. Public and Private. 4. Substantive and
Procedural
5. Criminal and Civil
