2. INTROUCTION TO LAW AND THE LEGAL SYSTEM
LEARNING OUTCOMES
Describe the characteristics of the law
Outline the broad social purpose of law
Distinguish different types of legal systems
Explain different ways of classifying law
CHARACTERISTICS OF LAW
MODULE GUIDE
o They simply refer to “rules”. But the rules considered here are the rules that
can be enforced by or with the assistance of the state.
o Law performs critical social functions. Law is central to the notion of social
order.
o Sometimes functions of law can be in conflict:
Eg: Preserving social order conflicts with protection of civil liberties ad right t
expression.
o The legal system comprises the law, produced by law making bodies. This
includes the institutions, processes and personnel that contribute to operation
and enforcement of those laws.
o This includes Legislation and common law, courts, judiciary, legal
professionals, police, prosecutors, juries, and mechanisms for providing access
to justice.
o It includes the law and machinery provided for adjudication and
implementation.
BROAD SOCIAL PURPOSE OF LAW
MODULE GUIDE
PARTINGTON:
o Macro functions of law are to:
1. Maintain public, political, social, economic, international and moral order.
o Micro functions:
1. To maintain more specific social objectives by defining the limits of
acceptable behavior by specifying actin that I s so morally reprehensible.
LEARNING OUTCOMES
Describe the characteristics of the law
Outline the broad social purpose of law
Distinguish different types of legal systems
Explain different ways of classifying law
CHARACTERISTICS OF LAW
MODULE GUIDE
o They simply refer to “rules”. But the rules considered here are the rules that
can be enforced by or with the assistance of the state.
o Law performs critical social functions. Law is central to the notion of social
order.
o Sometimes functions of law can be in conflict:
Eg: Preserving social order conflicts with protection of civil liberties ad right t
expression.
o The legal system comprises the law, produced by law making bodies. This
includes the institutions, processes and personnel that contribute to operation
and enforcement of those laws.
o This includes Legislation and common law, courts, judiciary, legal
professionals, police, prosecutors, juries, and mechanisms for providing access
to justice.
o It includes the law and machinery provided for adjudication and
implementation.
BROAD SOCIAL PURPOSE OF LAW
MODULE GUIDE
PARTINGTON:
o Macro functions of law are to:
1. Maintain public, political, social, economic, international and moral order.
o Micro functions:
1. To maintain more specific social objectives by defining the limits of
acceptable behavior by specifying actin that I s so morally reprehensible.
