Introduction
to Law and
Ethics
Contents;
1. Name purpose and classification of law
2. Sources of law
3. The court system
4. The law of persons
5. The law of torts
6. The law of contract
7. Sales of goods
8. Legal requirements for starting a business
, 1. NATURE OF LAW
The term law is difficult to define i.e it has no
universal meaning
There are varieties of law governing various
aspects of life such as
Law of physical sciences
Law of gravity
Law of social sciences e.g. law of demand and supply
Morals laws e.g. 10 commandments
State law
This subject mainly deals with state law
Definition of law
SALMOND-defined law as a body of principle
recognized and applied by the state in the
administration of justice
.Salmon was a USA president
HOLLAND-According to him law is a general rule
of external human action enforced by a
sovereign authority
Conclusion; the term law refers to a set of rules
and principles that govern the conduct of
affairs in a given community at a given time
PROPERTIES OF LAW
1. it is a set of Rules
2. regulate human conduct
3. is created and maintained by the states
, 4. has a certain amount of stability and uniformity
5. it's backed by coercive authority(executive)
6. it's the expression of the will of the people
7. it is Reggie's related the concept of sovereignty
PURPOSE OF LAW
1. the law exists in the maintenance of peace and Order
2. the law provides good governance
3. it it is a standard setting and control
mechanism i.e it regulates professional
practices
4. regulate conduct behaviours of persons
5. provide Justice to members of a society
6. maintaining political and economic stability
7. provides legal remedies, protect
fundamental rights and freedoms of
individuals as provided in the constitution eg
right to life
CLASSIFICATION OF LAW
written and unwritten law
public and private law
criminal and civil law
procedural and substantive law
domestic(municipal) and international law
WRITTEN LAW
written law is the law in writing also known as
codified law it consists of
1.The Constitution of Kenya
2. acts of parliament of Kenya
3. treaties agreement between Nations
, 4. subsidiary legislations delegated
UNWRITTEN LAW
they are the rules that are not inviting. They are
not in a formal document.They include
1.Common-law
2. customary law
3. case law/ judicial precedent
4. Islamic law
5. in law
6. international law eg trade usage
customs NB Where there is a conflict
between written and unwritten law written
law prevails
PUBLIC LAW
- it regulates the relationship between
individuals and organizations with the state
and its organs
- the state has a direct interest in public law
- consists of three main branches
1.Constitutional law- consists of does rules that
regulates the relationship between different
organs of the State. This organs include
executive, judiciary, legislature
2. Administrative law- there is no law which
relates to the actual functioning of the
executives of the government. it is
concerned with the rules and regulations
made by the government agencies
in carrying out their duties eg by-law
made by County government
to Law and
Ethics
Contents;
1. Name purpose and classification of law
2. Sources of law
3. The court system
4. The law of persons
5. The law of torts
6. The law of contract
7. Sales of goods
8. Legal requirements for starting a business
, 1. NATURE OF LAW
The term law is difficult to define i.e it has no
universal meaning
There are varieties of law governing various
aspects of life such as
Law of physical sciences
Law of gravity
Law of social sciences e.g. law of demand and supply
Morals laws e.g. 10 commandments
State law
This subject mainly deals with state law
Definition of law
SALMOND-defined law as a body of principle
recognized and applied by the state in the
administration of justice
.Salmon was a USA president
HOLLAND-According to him law is a general rule
of external human action enforced by a
sovereign authority
Conclusion; the term law refers to a set of rules
and principles that govern the conduct of
affairs in a given community at a given time
PROPERTIES OF LAW
1. it is a set of Rules
2. regulate human conduct
3. is created and maintained by the states
, 4. has a certain amount of stability and uniformity
5. it's backed by coercive authority(executive)
6. it's the expression of the will of the people
7. it is Reggie's related the concept of sovereignty
PURPOSE OF LAW
1. the law exists in the maintenance of peace and Order
2. the law provides good governance
3. it it is a standard setting and control
mechanism i.e it regulates professional
practices
4. regulate conduct behaviours of persons
5. provide Justice to members of a society
6. maintaining political and economic stability
7. provides legal remedies, protect
fundamental rights and freedoms of
individuals as provided in the constitution eg
right to life
CLASSIFICATION OF LAW
written and unwritten law
public and private law
criminal and civil law
procedural and substantive law
domestic(municipal) and international law
WRITTEN LAW
written law is the law in writing also known as
codified law it consists of
1.The Constitution of Kenya
2. acts of parliament of Kenya
3. treaties agreement between Nations
, 4. subsidiary legislations delegated
UNWRITTEN LAW
they are the rules that are not inviting. They are
not in a formal document.They include
1.Common-law
2. customary law
3. case law/ judicial precedent
4. Islamic law
5. in law
6. international law eg trade usage
customs NB Where there is a conflict
between written and unwritten law written
law prevails
PUBLIC LAW
- it regulates the relationship between
individuals and organizations with the state
and its organs
- the state has a direct interest in public law
- consists of three main branches
1.Constitutional law- consists of does rules that
regulates the relationship between different
organs of the State. This organs include
executive, judiciary, legislature
2. Administrative law- there is no law which
relates to the actual functioning of the
executives of the government. it is
concerned with the rules and regulations
made by the government agencies
in carrying out their duties eg by-law
made by County government
