UNIT CODE: BAF2105 UNIT NAME: BUSINESS LAW
CHAPTER 1
INTRODUCTION, THE MEANING AND NATURE OF LAW,
FUNCTIONS OF LAW. CLASSIFICATION OF LAW, SOURCES
OF LAW
• What is law?
There is no exhaustive definition of law. Different definitions which have been offered
by
various legal scholars are a reflection of the scholar‘s political, cultural and
economic environment of the societies they live in. some of the definitions which
have been offered include:a) A law is a general rule of external human action
enforced by a sovereign political authority. (Holland).
b) Law consists of a body of rules which are seen to operate as binding
rules in that community by means of which sufficient compliance with the
rules may be secured to enable the set of rules to be seen binding.
(Panton).
c) Law is the body of principles recognized and applied by the state in the
administration of justice. (Salmond).
d)A law is a rule of conduct imposed and enforced by the sovereign. (Austin).
e) A body of rules for the guidance of human conduct. (Philip S. James).
• Therefore, the law of state consists of those rules of conduct and standards
prescribed by the
people in authority for governing and regulating peaceful relations between
members of a particular community or state.
These rules may originate from Acts of parliament or Customs, and are enforced
by the duly constituted courts of law. Enforcement by the courts takes the form
of punishment in criminal cases, or an order to pay damages or deliver property
in civil actions.
Legal wrongs are to be distinguished from rules of morality which are not enforced
by the courts
unless the moral legal wrongs are enforced by the courts but moral laws are not
unless they are
part of the laws of the state.
• Classification of Law
The law is devised into various main classifications:
1) Public
law Private
law
2) Criminal
law Civil law.
Public law is the branch of law that regulates the relationship between the state and
its citizens. This branch of law establishes various state organs and their roles/
functions. Examples of aspects of public law include constitutional law, administrative
law and criminal law.
On the other hand, private law is the branch of law that regulates the
relationships that occur between citizens living in a state in their private
capacity. This includes law of contract, law of torts, law of agency, etc.
Crime is an act, default or conduct prejudicial to the community, the
commission o which, by law renders the person responsible liable to be
prosecuted and punished accordingly.
•Prosecution for crimes is always conducted in the name of the state, i.e, the
state vs. the person.
•It is the duty of the prosecution to establish the guilt of the accused
beyond any reasonable doubt.
This study source was downloaded by 100000856941565 from CourseHero.com on 11-18-2022 03:01:10 GMT -
https://www.coursehero.com/file/98077792/Chapter-1-Introduction-the-meaning-and-nature-of-law-functions-of-law-Classification-of-law-
, UNIT CODE: BAF2105 UNIT NAME: BUSINESS LAW
CHAPTER 1
INTRODUCTION, THE MEANING AND NATURE OF LAW,
FUNCTIONS OF LAW. CLASSIFICATION OF LAW, SOURCES
Examples
OFofLAW
crime include: murder, grievous bodily harm, rape, robbery, theft, etc.
Crime must be provided for by the law. The bulk of criminal offences is provided for in
the penal code, but there are other Acts of Parliament which provides for criminal
offences, e.g. the
This study source was downloaded by 100000856941565 from CourseHero.com on 11-18-2022 03:01:10 GMT -
https://www.coursehero.com/file/98077792/Chapter-1-Introduction-the-meaning-and-nature-of-law-functions-of-law-Classification-of-law-
CHAPTER 1
INTRODUCTION, THE MEANING AND NATURE OF LAW,
FUNCTIONS OF LAW. CLASSIFICATION OF LAW, SOURCES
OF LAW
• What is law?
There is no exhaustive definition of law. Different definitions which have been offered
by
various legal scholars are a reflection of the scholar‘s political, cultural and
economic environment of the societies they live in. some of the definitions which
have been offered include:a) A law is a general rule of external human action
enforced by a sovereign political authority. (Holland).
b) Law consists of a body of rules which are seen to operate as binding
rules in that community by means of which sufficient compliance with the
rules may be secured to enable the set of rules to be seen binding.
(Panton).
c) Law is the body of principles recognized and applied by the state in the
administration of justice. (Salmond).
d)A law is a rule of conduct imposed and enforced by the sovereign. (Austin).
e) A body of rules for the guidance of human conduct. (Philip S. James).
• Therefore, the law of state consists of those rules of conduct and standards
prescribed by the
people in authority for governing and regulating peaceful relations between
members of a particular community or state.
These rules may originate from Acts of parliament or Customs, and are enforced
by the duly constituted courts of law. Enforcement by the courts takes the form
of punishment in criminal cases, or an order to pay damages or deliver property
in civil actions.
Legal wrongs are to be distinguished from rules of morality which are not enforced
by the courts
unless the moral legal wrongs are enforced by the courts but moral laws are not
unless they are
part of the laws of the state.
• Classification of Law
The law is devised into various main classifications:
1) Public
law Private
law
2) Criminal
law Civil law.
Public law is the branch of law that regulates the relationship between the state and
its citizens. This branch of law establishes various state organs and their roles/
functions. Examples of aspects of public law include constitutional law, administrative
law and criminal law.
On the other hand, private law is the branch of law that regulates the
relationships that occur between citizens living in a state in their private
capacity. This includes law of contract, law of torts, law of agency, etc.
Crime is an act, default or conduct prejudicial to the community, the
commission o which, by law renders the person responsible liable to be
prosecuted and punished accordingly.
•Prosecution for crimes is always conducted in the name of the state, i.e, the
state vs. the person.
•It is the duty of the prosecution to establish the guilt of the accused
beyond any reasonable doubt.
This study source was downloaded by 100000856941565 from CourseHero.com on 11-18-2022 03:01:10 GMT -
https://www.coursehero.com/file/98077792/Chapter-1-Introduction-the-meaning-and-nature-of-law-functions-of-law-Classification-of-law-
, UNIT CODE: BAF2105 UNIT NAME: BUSINESS LAW
CHAPTER 1
INTRODUCTION, THE MEANING AND NATURE OF LAW,
FUNCTIONS OF LAW. CLASSIFICATION OF LAW, SOURCES
Examples
OFofLAW
crime include: murder, grievous bodily harm, rape, robbery, theft, etc.
Crime must be provided for by the law. The bulk of criminal offences is provided for in
the penal code, but there are other Acts of Parliament which provides for criminal
offences, e.g. the
This study source was downloaded by 100000856941565 from CourseHero.com on 11-18-2022 03:01:10 GMT -
https://www.coursehero.com/file/98077792/Chapter-1-Introduction-the-meaning-and-nature-of-law-functions-of-law-Classification-of-law-
