Introduction to law

1. Introduction to law
Arshad Nawaz Khan
Quaid-e-Azam University
Islamabad p

2. • Human nature
• State and citizens
• Purposes of state
Just, peaceful and prosperous society
• Communities
Empowered, marginalized and borderline
• Equality and equity
• Rule of law and rule of individuals/institutions

3. Equality and Equity

5. Evolution of legal systems
• Primitive society
• Tribes
• City state
• Empires
• Modern state
• Democracy
• Global village, human rights regime
• Post global situation

6. Definition of law
• Law is a set of rules and regulations
• To regulate the conduct of persons
• Made by competent authority
• Backed by sanction
• Made according to the constitution
• Made according to the International human
Rights regime and universal human rights
practices.

7. Why law is important in the society
• Imagine society without law
• Cricket match without rules
• University admission without rules
• Driving without law
• Difference between law, ethics and values
• Difference between law and religion
• Difference between law and constitution
• Difference between law, rules and regulations

8. Legal system
• Legal tree
Roots
Trunk
Branches, sub branches
Leaves
• Concept of ultra virus and intra virus
• Constituent assembly and legislative assembly
• Common law system and continental legal
system

9. Common law system
• Common law, the body of customary law, based upon judicial
decisions and embodied in reports of decided cases
• The court system is typically adversarial
• An adversarial system is that where the court act as a
referee between the prosecution and the defence. The whole
process is a contest between two parties.
• Common law, also known as case law, is a body of unwritten
laws based on legal precedents established by the courts.
• Common law draws from institutionalized opinions and
interpretations from judicial authorities and public juries.
• Concept of stare decisis

10. Civil law system
• Also know as continental legal system
• It keeps legislation as the foremost source of law
• The court system is typically inquisitorial
• An inquisitorial system is a legal system where the
court is actively involved in proof of facts by taking
investigating of the case
• Courts are boundless by precedent,
• The rule of continental law is to build a bridge of
available and written collection of the laws which
concern all citizens and which judges must follow.

15. Dispute resolution
• Adjudicative
• Non adjudicative
Negotiation
Mediation
Arbitration
Neutral Evaluation
Settlement Conferences

16. Purposes of law
Human protection
Human cooperation
Regulate institutions
Creating and regulating human cooperation
Property protection
Peaceful and prosperous society
Financial protection
To punish accused
To restore victims
To control institutions
Fair and free elections

17. • Protection of marginalised communities
• Protection of minorities, children and women
• To facilitate peaceful political change in this
society
• To collect taxes
• To regulate benefit system
• Social justice
• To facilitate ADR

18. • To ensure rule of law
• Dispute resolution
• Collective revenge