Law is defined in various ways but generally refers to a system of rules that regulates behavior and is enforced through social institutions. The document discusses different perspectives on law, including definitions from legal theorists like Jean Jacques Rousseau, John Austin, HLA Hart, and Roscoe Pound. It also outlines the key functions of law in guiding activities, enforcing rules, and maintaining order and justice. The sources and evolution of law are explored, such as through custom, religion, judicial decisions, and legislation. Different types of law are also introduced, including public law, private law, substantive law, and procedural law.

1. WHAT IS LAW?
INTRODUCTION TO LAW
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LAW012
NOR AKHMAL HASMIN
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2. a) Definition of law
- general definition
- definition given by jurists
b) Function of law
c) Different perspectives of law
TOPIC OUTLINE
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3. WHAT IS LAW?????
- What is law as a definition
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4. General definition:
• No specific definition on what is LAW – many interpretations of
law according to belief, value, custom etc.
• Law is a system of rules where it guides and directs our
activities in much of day to day life (framework of life) – our life
is built upon the foundation of legal rules.
• Law is a set of rules that guide our conduct in society and
enforceable by public agency – everyone has to follow or
otherwise they have to face sanctions or penalty as
consequences of its breach.
• GENERAL RULE OF CONDUCT.
• Oxford English Dictionary:
“ The body of enacted or customary rules recognised by
community as binding.”
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6. Definition of law by jurists
a)Jean Jacques Rousseau
• Natural law jurist
• Argue that law reflects essentially moral and unchangeable
law of nature.
• Rules which permit or prohibit certain action and must be
for the benefit of the public – prescribe the proper
behaviour of human being.
• First principle of nature ‘good is to be done and promoted,
and evil is to e avoided.’
• Any man-made law which is in conflict with natural law is
not a true law. In order for a law to be part of a legal system
it should be in conformity with current moral principals.
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7. b) John Austin
• Positive law
• Define law as – law is the command of the sovereign
authority and the command is backed by sanction.
• Rules created by ruler who can give penalties if the rules
are broken.
c) HLA Hart
• Law is made up of institutional facts like orders and rules
and those are made by people thinking and acting.
• Rules and regulation that come from people or group of
people.
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8. d) Roscoe Pound
• Sociological view
• Law is an instrument of social engineering – to maximize
the fulfillment of interest of the community, provide
smooth running of the machinery of society.
• Controlling device used by the upper class on the lower
class.
e) John Salmond
• Realist view
• The body of principles recognised and applied by the state
in the administration of justice
• Rules of conduct laid down by the person acting as judicial
organ – law is what judge declared.
• Realism means relating to the real world, the world as it
actually operates. 8

9.  Administration of justice – what lawful and unlawful
 Granting powers to certain bodies/institutions
 Maintaining standard
 Maintenance of peace and social orders
 Resolving of disputes/conflicts
 Social control – prescribe punishment and remedies in the
event of breach.
 Social engineering/ construction
 Determination of legal personality
Functions of law
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10. a)Law as a cultural expression
• Law and people cannot be isolated from each other – since
law is connected to social life of the people and developed
in certain places and in certain communities.
• Law as a result of the slow development of society through
centuries.
• Savigny (historical jurist) believes that legal system was
part of the culture of a people and it is the expression of
the people - from habit to value, from custom and tradition
to rules and regulation.
• Montesquieu states that the law was the product of
custom, local manner and physical environment where a
DIFFERENT PERSPECTIVES OF
LAW
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12. b) Law as divine revelation
• Natural Law jurists believe that all laws are based on
divine revelation or some of the right reason immanent in
the nature of thing.
• Law of the nature or moral laws.
• Islam and Christian have their own divine revelation i.e.
the Holy Quran and Bible; functions as God’s decree to its
followers that must be conformed and followed.
• Contrary to the belief of positivist that argue that law
must be enacted by the legislator.
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13. c) Law as an instrument of government
• Law is intimately associated with the nature of the State –
because law is an expression of the will of the State i.e the
government.
Example : law introduced by the government must be
abide by the citizens – 6% GST.
• Marxism-Leninism - Law is used as the only tool of the
State to maintain and safeguard the interest of the
capitalist class, a dominant group in society.
• Malcolm Wood claims that law is but one a weapon in
massive political tool- combination of forces, actions and
inactivity. E.g. forces including repression, covert
practices, media manipulation, censorship etc. 13

14. d) Law as a legal system
• The legal system consist of – Parliament, Judiciary,
Executive, legal profession and etc.
• The existence of a legal system is measured via:
 Statute, Regulation, Act - Laws in that particular
society
 Parliament (Legislature) - Institution for
making and amending the laws
 Judiciary (Court) - Agency that determines the
violation of the laws / settling disputes between
people.
 Law Enforcers - Agency to enforce the law
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15. Several factors have contributed to the evolution of law.
a)Custom
• Based on the general usage of the family, clan or tribe –
shaped by the cooperative action of the whole community
and not by legislation or sovereign.
• Initially not law but when States recognizes the these
customary rules as binding, they acquire status of law.
b) Religion
• The Mohammedan Law – Quran and shariat
• Hindu law – Code of Manu
SOURCES OF LAW
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16. c) Judicial decision
• Judge made law – related with the Common Law system.
d) Legislation
• Law enacted by the parliament – where sovereign power
will issue a decree concerning new matters.
Example: ISIS threat in Malaysia – lead to the passing of
POTA
• It considers as one of the most prolific and direct source
of law.
e) Scientific commentaries
• Discussion by the eminent jurists also modify and
developed law – express their opinions and
commentaries.
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18. a) PUBLIC LAW
• The law that govern relationship between individual and
government.
• Includes:
a) Constitutional law
b) Criminal law
c) Administration law
b) PRIVATE LAW
• Governs the relationship between individuals -compensate the
injured parties, to recovered property and to enforce obligation.
• Includes:
a) Tort d) Trust
b) Contract
c) Family
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19. c) SUNBSTANTIVE LAW
• Law that classifies right and responsibilities of individual
d) PROCEDURAL LAW
• Lays down the rules governing how things should be
done.
Example: How summon should be serve
How to arrest should be made
e) INTERNATIONAL LAW
• Law that covers a relation of country inter-se
d) NATIONAL LAW
• Law that governs a relation between states.
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20. WHAT WOULD HAPPEN IF THERE
WERE NO LAWS???
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