Here are a few example of WHY WE HAVE LAW?
- Prevents certain types of offences.
- Maintains law and order (Protects Society).
- Enforcement behaviour.
- Settle disputes.
- Enforcement of rights.
- Law is formal mechanism for controlling society.
- Law is there to guide us.
In this country we have three main kinds of rules. Rules that are basic commonsense rules for everyday life. We must have rules that forbid us to do things which almost everyone thinks of as morally wrong. Example: We must not kill or rob. We would expect to find the same rules in countries throughout the world.
Rules that govern things that are important in our particular community and about which we have learned from experience. Example: Driver and passengers must wear seat belts. We are required to wear seat belts because they were so many accidents and we learned from experience that in most cases they provide protection for injury.
And rules which have gradually developed over the years. Example: People become the custom to do things in a particular way and that custom has become a settled and accepted way of behaviour.
In this country there are certain rules which are there to be obeyed by everyone – by you, your parents and family and by your teachers. By everyone who is old enough to behave responsibly. If any of us break these rules we may be brought before a court of law. We may be punished by the court, or ordered to make amends in some way.
Definition of Law
Law is a rule established by authority, a body of rules the practise of which is authorised by a community or state.
- It is also a command issued from a sovereign power to an inferior and enforced coercion.
- Different types of law. Example: The matter that the law is regulating.
- Parliament makes the laws.
- Rule and Regulations that are governed
Aims of Law
What is the aim of law??? Here are a few example of the aims of law:
- Sentences being passed to offenders.
- Fines charging the defendant.
- Legal advise being given. (Citizen Advise Bureau).
- Protects people (Fairness)
How law is classifified??
It is possible to classify law in many ways. For a law student the most important ways are by :
- The type of law.
- The source from which it comes. This affects the statues of the law.
Public law and Private law
Types of Public Law
Criminal: This determines the kinds of behaviour, which are forbidden (by the State) at risk of punishment. It is normally the State that prosecutes the person who is thought to have committed the crime.
Constitutional: This controls the method of government. If there is a dispute that arises, for example, over who can vote, or who can become a Member of Parliament.
Administrative law: This controls how public bodies such as local councils, Government departments or Ministers should operate.
Types of Private Law
Law of Contract: An agreement between two or more persons that is intended to be legally binding.
Family Law: This covers the law relating to marriage, divorce, and the responsibilities of parents to children.
Property Law: This covers legal rights to property of all types.
Tort Law: The word tort comes from the French meaning a wrong. A tort is a civil (not criminal) wrong other than a breach of contract or trust. In the case of contracts and trusts the parties agree the terms; it is a breach of those terms by one of the parties that constitutes the wrong, which may be addressed. A tort is a duty fixed by law that affects all persons - it does not arise from a prior agreement. Torts cover negligence, nuisance, trespass, and defamation.
Welfare Law: This is concerned with the rights of individuals to obtain State benefits, and the rights and duties that arise with regard to housing and employment.
