INTRODUCTION TO LAW

DESCRIPTIVE LAW PRESCRIPTIVE LAW

• LAW OF ECONOMIC, LAW • PRESCRIPTIONS OR
OF NATURE & LAW OF DEMANDS THAT MEAN
SCIENCE SHALL BEHAVE IN CERTAIN
WAYS. A SET OF PRINCIPLES
THAT GOVERN AND
REGULATE HUMAN
BEHAVIOUR
 PRESCRIPTIVE LAW
DIAS
LEGAL LAWS, LAW OF NATIONS, LARGELY OF
‘OUGHT’ PROPSITIONS PRESCRIBING HOW
PEOPLE OUGHT TO BEHAVE
MARTIN GOLDING
“THE WORD LAW IS USED IN A VARIETY OF
CONTEXT. IT COULD BE USED TO REFER TO
A LAW( RULE OF LAW) OR TO THE LAWS(THE LAWS
PROMULGATED BY SOVEREIGN). THE WORD LAW COULD ALSO
BE USED TO REFER TO A CERTAIN KIND OF LEGAL LAWS.
CHILSHOLM & NETTHEIM
EQUATE LAW WITH THE LEGAL PROCESS, REFERS PRIMARILY TO
THE LEGISTATIVE & JUDICIAL PROCESS, MAKING OF ACTS OF
PARLIAMENT AND DELEGATED LEGISLATION AND THE
ADJUDICATIOAN BY JUDGES
BRYAN HORRIGAN
LAW AS A SET OF LEGAL RULES AND OTHER RESOURCES FOR
DECISION-MAKING WITHIN THE LEGAL SYSTEM
LAW AS ONE AMONGST MANY DIFFERENT KINDS OF NORMS OF
COMMUNITY GOVERNANCE REGULATION AND
STANDARD-SETTING
LAW AS SYSTEMATICS & INSTITUTIONAL FEATURES OF LAW AND
JUSTICE EMBODIED IN THE CONSTITUTIONAL MAKE-UP OF THE
COUNTRY’S POLITICAL AND LEGAL SYSTEMS.
A.THURMAN
‘OBVIOUSLY, ‘LAW’ CAN NEVER BE DEFINED .. HOWEVER, IT
SHOULD BE SAID THAT THE ADHERENTS OF THE LEGAL
INSTITUTION MUST NEVER GIVE UP THE STRUGGLE TO DEFINE
LAW, BECAUSE IT IS AN ESSENTIAL PART OF THE IDEAL THAT IT IS
RATIONAL AND CAPABLE OF DEFINITION

‘LAW’ CARRY SEVERAL MEANING

>RULE OF LAW
>LEGISLATION
>LEGAL SYSTEM OF A NATION
>LEGAL PROCESS(PROCEDURAL ASPECT SUCH AS ADJUDICATION
OR LAW MAKING PROCESS{BILL})
 POSITIVISTS
J.M FINNIS
ACCORDANCE WITH REGULATIVE LEGAL RULES, A DETERMINATE
& EFFECTIVE AUTHORITY FOR A COMPLETE COMMUNITY, &
BUTTRESSED BY SANCTIONS IN ACCORDANCE WITH RULE-
GUIDED STIPULATIONS OF ADJUDICATIVE INSTITUTIONS
MICHAEL CRONIN
LAW AS DICTATE OF REASON GIVEN & PROMULGATED FOR THE
COMMON GOOD WHO CHARGE OF COMMUNITY.
FRANCIS F.LEBUFFE & JAMES V. HAYES
LAW AS RULE OF ACTION, MANDATORY IN FORM,ESTABLISHED &
PROMULGATED BY COMPETENT AUTHORITY FOR COMMON
GOOD
JEREMY BENTHAM
LAW AS AN ASSEMBLAGE OF SIGN DECLARATIVE OF A VOLITION
OR ADOPTED BY SOVEREIGN IN A STATE, CONCERNING THE
CONDUCT TO BE OBSERVED IN A CERTAIN PERSON OR CLASS
OF PERSONS, WHO IN THE CASE IN QUESTION ARE OR
SUPPOSED TO BE SUBJECT TO HIS POWER
>SOURCE: whose will it is
>SUBJECT: persons or thing to which it may apply
>OBJECT: acts or circumstances to which it may apply
>EXTENT: generality/amplitude of its application
>ASPECT: various manner in which it may apply
>FORCE: means for bringing it into play
>EXPRESSION: nature of signs by which it may be made known
>REMEDIAL APPENDAGESl: certain other law which may
occasionally come to be subjoined to the law in question
JOHN AUSTIN
LAW AS COMMAND GIVEN BY A SOUVERGEIN WHO MAY BE A
KING, COUNCIL/ PARLIAMENT. COMMAND IS BACKED BY
COERCION SO THAT ANY PERSON WHO VIOLATES LAW WOULD
SUFFER PAIN PROVIDED BY THE LAW. NO LAW CAN EXIST UNLESS
IT IS POSITED, DELIBERATELY LAID DOWN, BY SOME MAN.
LAW WITHOUT SANCTION IS NOT LAW. VIRTUE OF FACT OF
COERCIVE POWER, THE SOVEREIGN HAS THE POWER TO
MAKE BINDING LAW. POLICE, PRISONS & COERCIVE APPARATUS
OF STATE INDICATES CLEARLY THE ROLE OF SANCTION IN
POSITIVE LAW. COMMAND IS MAINLY AIMED AT SEPARATING
POSITIVE LAW FROM SOCIAL RULE AS THOSE OF CUSTOMS
AND MORALITY.
HUMAN LAWS WHICH ARE SET BY POLITICIAL SUPERIORS. THESE ARE
POSITIVE LAWS/STRICTLY LAW
LAWS SET BY MEN NOT AS POLITICAL SUPERIORS NOR IN PURSUANCE OF
LEGAL RIGHT, THOSE SET BY SERVANT/RULES OF CLUB
LAWS IMPROPERLY CALLED> LAWS OF FASHION,HONOR,METAPHOR, etc
NOT AS LAW, BUT AS POSITIVE MORALITY.
HLA HART JOHN
RULES GOVERNING THE CREATIONS OF AUSTIN
CONTRACTS AND WILLS CANNOT PLAUSIBLY BE OVERLOOKED
CHARACTERISED AS RESTRICTIONS ON THE
FREEDOM THAT ARE BACKED BY THE THREAT PRESENCE
OF SANCTION OF OTHER
>LAW WHICH IMPOSED OBLIGATION PRIMARY
>LAWS WHICH DO NOT IMPOSE DUTIES OR RULES
OBLIGATIONS THAT CONFER
-the power to make wills /contract UPON CITIZEN
THE POWER
-rules which detail the manner and form in which
TO CREATE,
the power is to be exercised & settle
MODIFY
-rules which delimited the variety, or maximum
AND
/minimum duration, of structure of right/duties EXTINGUISH
which individuals may create such acts-in-law RIGHT AND
>LAWS CONFER POWERS ON PUBLIC OR OFFICIALS OBLIGATION
RATHER THAN PRIVATE INDIVIDUALS IN OTHER
-confer power to the executives judiciary and legislative PERSON.
 NATURALIST
MARCUS IN CICERO’S LAW ST.THOMAS AQUINAS
DEFINE LAW AS THE HIGHEST DESCRIBE THE NATURE OF
REASON,IMPLANTED IN LAW AS A RULE OR MEASURE
NATURE, COMMANDS WHAT OF ACTION IN VIRTUE OF
OUGHT TO BE DONE & WHICH ONE IS LED TO
FORBIDS THE OPPOSITE PERFORM CERTAIN ACTIONS
AND RESTRAINED FROM
THE PERFOMANCE OR OTHERS
LEX AERTERNA(ETERNAL LAW) : law of divine reason,
known only to God, considered as God’s law for the
governance of universe, a deliberate act of God and
everything, not only man, is subject to it.
LEX DIVINA(DIVINE LAW) : law provided in the scriptures
and religious books and said to have descended from
God, direct man to their supernatural end(God)
LEX NATURALIST(NATURAL LAW) : direct them to their
goal on earth as prescribed by God, same for all men
since all rational& proper to be inclined to act
according to reason
LEX HUMANA(HUMAN LAW) : man-made law known as
positive law. It governs human being.
 SOCIOLOGISTS
ROSCOE POUND RUDOLF VON IHERING
CANNOT UNDERSTAND WHAT LAW AS THE SUM OF THE
A THING IS UNLESS WE STUDY CONDITION OF SOCIAL LIFE IN
WHAT IT DOES. LAW MORE THE WIDEST SENSE OF THE
THAN OF ABSTACT NORMS,
TERMS, AS SECURED BY THE
A PROCESS OF BALANCING
POWER OF THE STATE
CONFLICTINGS INTEREST
AND SECURING THE THROUGH THE MEANS
SATISFICATION OF THE EXTERNAL COMPULSION
MAXIMUM OF WANTS
WITH MINIMUM FRICTION
MAX WEBER NIKLAS LUHMANN
STATE THAT AN ORDER WILL LAW AS TEMPORALLY,
BE CALLED LAW IF IT SUBSTANTIVELY AND
EXTERNALLY GUARANTEED BY SOCIALLY GENERALIZED
PROBABILITY THAT COERCION , BEHAVIORAL
TO BRING ABOUT EXPECTATIONS, LAW CAN BE
CONFORMITY OF AVENGE CONCEIVED AS A GENERAL
VIOLATION, WILL BE APPLIED MEDIA OF
BY A STAFF OF PEOPLE COMMUNICATION. BASIC
HOLDING THEMSELVES CHARACTERISTIC OF
SPECIALLY READY FOR THAT MODERN LAW IS ITS
PURPOSE POSITIVITY
DONALD BLACK BRIAN TAMANAHA
LAW AS ‘GOVERNMENTAL LAW IS CONCEPT
SOCIAL CONTROL’. CONVENTIONALLY APPLIED
LAW IS ASSOCIATED WITH THE TO NATURAL LAW,
GOVERNMENT INTERNATIONAL LAW,
PRIMITIVE LAW, RELIGIOUS
LAW, CUSTOMARY LAW,
STATE LAW, FOLK LAW,
PEOPLE’S LAW AND
INDIGENOUS LAW