1. INTRODUCTION TO LAW
1.1 DEFINITION AND NATURE OF LAW
Law can be defined as a system of rules that are created and enforced through social or
governmental institutions to regulate behavior. It governs the relationships between
individuals, between individuals and the state, and between states.
Various scholars have offered definitions of law:
John Austin: “Law is a command issued by the sovereign and backed by the threat of a
sanction.”
Roscoe Pound: Viewed law as a tool of social engineering meant to balance competing
interests in society.
H.L.A. Hart: Emphasized the combination of primary rules (obligations) and secondary rules
(rules about rules).
Nature of Law:
It is normative: tells people what they ought to do.
It is coercive: backed by sanctions or penalties.
It is dynamic: changes over time depending on social, political, and economic needs.
It is universal in need but context-specific in form (laws differ from country to country).
1.2 FUNCTIONS OF LAW
Law serves several critical functions in society:
1. Maintaining Order: Law provides rules that prevent anarchy and ensure peaceful
coexistence.
2. Protection of Liberties and Rights: Ensures that individual freedoms are protected against
abuse by others or the state.
3. Resolving Disputes: Provides a mechanism (courts, tribunals) for settling conflicts.
, 4. Establishing Standards: Sets out accepted behavior (e.g., traffic rules, contract laws).
5. Social Justice and Equity: Helps promote fairness and equality in society.
6. Facilitating Planning and Development: Legal frameworks govern business, land use,
education, etc.
1.3 SOURCES OF LAW
Sources of law refer to the origins from which laws derive their authority. They are
categorized into:
1. Constitution: The supreme law that sets out the structure of government and fundamental
rights. All other laws must conform to it.
2. Legislation (Statute Law): Laws made by parliament or legislative bodies.
3. Common Law (Case Law): Judicial decisions that become precedent for future cases.
4. Customary Law: Traditional norms that have gained legal recognition over time.
5. International Law: Treaties and conventions that a country agrees to follow.
6. Delegated Legislation: Rules made by authorities under powers given by Parliament (e.g.,
by-laws, ministerial regulations).
7. Religious Law: In some jurisdictions, laws based on religious texts (e.g., Sharia, Halakha).
1.4 CLASSIFICATIONS OF LAW
1.1 DEFINITION AND NATURE OF LAW
Law can be defined as a system of rules that are created and enforced through social or
governmental institutions to regulate behavior. It governs the relationships between
individuals, between individuals and the state, and between states.
Various scholars have offered definitions of law:
John Austin: “Law is a command issued by the sovereign and backed by the threat of a
sanction.”
Roscoe Pound: Viewed law as a tool of social engineering meant to balance competing
interests in society.
H.L.A. Hart: Emphasized the combination of primary rules (obligations) and secondary rules
(rules about rules).
Nature of Law:
It is normative: tells people what they ought to do.
It is coercive: backed by sanctions or penalties.
It is dynamic: changes over time depending on social, political, and economic needs.
It is universal in need but context-specific in form (laws differ from country to country).
1.2 FUNCTIONS OF LAW
Law serves several critical functions in society:
1. Maintaining Order: Law provides rules that prevent anarchy and ensure peaceful
coexistence.
2. Protection of Liberties and Rights: Ensures that individual freedoms are protected against
abuse by others or the state.
3. Resolving Disputes: Provides a mechanism (courts, tribunals) for settling conflicts.
, 4. Establishing Standards: Sets out accepted behavior (e.g., traffic rules, contract laws).
5. Social Justice and Equity: Helps promote fairness and equality in society.
6. Facilitating Planning and Development: Legal frameworks govern business, land use,
education, etc.
1.3 SOURCES OF LAW
Sources of law refer to the origins from which laws derive their authority. They are
categorized into:
1. Constitution: The supreme law that sets out the structure of government and fundamental
rights. All other laws must conform to it.
2. Legislation (Statute Law): Laws made by parliament or legislative bodies.
3. Common Law (Case Law): Judicial decisions that become precedent for future cases.
4. Customary Law: Traditional norms that have gained legal recognition over time.
5. International Law: Treaties and conventions that a country agrees to follow.
6. Delegated Legislation: Rules made by authorities under powers given by Parliament (e.g.,
by-laws, ministerial regulations).
7. Religious Law: In some jurisdictions, laws based on religious texts (e.g., Sharia, Halakha).
1.4 CLASSIFICATIONS OF LAW
