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Instruc Tor: Al Eena Sid Dique

This document defines law and discusses its necessity. It summarizes John Salmond's definition of law as the body of principles recognized and applied by the state in administering justice. It notes that law is necessary to maintain order and protect rights, as without law individuals would not respect each other's rights. The document also classifies different types of law and distinguishes between civil and criminal law.

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Přîñçè Abdullah Sohail
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46 views7 pages

Instruc Tor: Al Eena Sid Dique

This document defines law and discusses its necessity. It summarizes John Salmond's definition of law as the body of principles recognized and applied by the state in administering justice. It notes that law is necessary to maintain order and protect rights, as without law individuals would not respect each other's rights. The document also classifies different types of law and distinguishes between civil and criminal law.

Uploaded by

Přîñçè Abdullah Sohail
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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IC S AN D

AL ET H S
F E SS IO N L I SS UE
PRO LEGA N O 1
C TU R E
LE
DD IQ UE
E E NA S I
TOR : A L
N S TR UC
I
DEFINITION OF LAW

• John Salmond:
“Law is the body of principles recognized and applied by the
state in the administration of justice”
• Administration of justice:“the maintenance of right within a
political community by means of the physical force of the state”
DEFINITION OF LAW-CONTINUE
• Necessity of the administration of justice:
1. Man is violent by nature.
2. Men cannot be left alone to grant justice to others.

• Law and morality:


 morality is the sense of judgment between right and wrong by reference to certain standards developed
by society over time, (not enforceable) by a court of law. However law is always backed by sanctions
and is enforceable by court of law.
NEED FOR LAW

1. The existence of law is necessary for maintenance of peace and order in the society.
2. In absence of law no person will recognize the rights of others.
3. Life and business cannot continue without laws to regulate the conduct of people and to protect
their property and contractual rights.

• Legal Principle:
“Ignorantia juris non excusat”: Ignorance of law is no excuse
CLASSIFICATION OF LAW
1. Written and Unwritten
2. Municipal and International Law
3. Public and Private
4. Substantive and Procedural Law
5. Civil and Criminal Law
DIFFERENCE BETWEEN CIVIL LAW
AND CRIMINAL LAW
1. Civil law cases affect the injured party; Criminal cases affect the community.

2. Civil proceedings by injured party only; criminal proceedings are started by the state.

3. Civil law regulates rights and obligations; criminal law punishes the guilty person.

4. Civil law awards compensation to the injured party; in criminal cases fine recovered is retained by the
state.

5. In civil cases breach is to be proved by the party claiming; in criminal cases burden of proof lies on
the state.

6. Civil law aims to provide compensation for loss; criminal law does not benefit the victim.
SOURCES OF LAW

a) Statutory Law
b) Case Law
c) Customs
d) Opinions and writings of scholars

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