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What is Law
Meanings of the term “LAW”
 The word law is derived from a Latin word “LEX”
which means binding
 It may be define as;
“The collection of rules imposed by
authority.”
 Law is always by authority which has the
capability to impose or enforce it
 Because if law is not making by sovereignty
then it will not have its effect
 In fact law is command; a command by
superior to an inferior.
Different Philosophies of Law:
• The term Law is used in different senses.
• In Physical Sciences Law means
“A uniform behavior of things and
nature.”
• For example; It is Universal Principle that
water flows from higher level to lower
level.
• Different philosophers gave their views on
law differently
• There is no single definition of law
• Famous Writers and Jurists have defined the
term Law in different ways.
oDefinitions:
 Aquinas (a great Jurist) defines law as:
“A rule and measure of acts, whereby
man is induced to act or is restrained
from acting.“
 Advocate Austin define Law as:
“The command of Sovereign.”
 Law consists of rules regulating the conduct
of individuals, business, and other
organizations in a society.
 Intended to protect persons and property
against unwanted interferences from others.
 Body of rules issued by a controlling authority
to be obeyed and followed.
 Law is a system of rules normally enforced
through a set of Institutions. (Courts)
 All the laws of the entire world made for
Human
 Law effects everybody’s lives and society in
different ways.
 Law has a variety of meanings;
usually involving a fair method of resolving
disputes or following procedures that help
establish sureness as to ownership or right
to sure assets or advantages.
 Law also lays down penalties for failure to
hold on to definite social or economic rules.
According to these definitions; Law may be
define as:
“Rules established by a governing
authority to institute and maintain the
justice in society.”
OR
“General Rules enacted by the government
and enforced by its authorities.”
 Rule means:
“To bind individuals to certain actions.
The Speed Limit.”
 for example;
it is planned to hold drivers within a
definite acceptable speed. Drivers are
bound to this by police officers and the
warning of fines or arrest.
Functions of law
 Keep the Peace
 Promote Social Justice
 Facilitate Orderly Change
 Facilitate Planning
 Provide a Base for Compromise
 Maximum Individual Freedoms
Kinds of Law:
1. Private Law
2. Public Law
3. Constitutional Law
4. Case Law
5. International Law
Private Law
 The law which defines the rights and duties
of the citizens as private individual is called
Private Law.
 It deals with the relation between two more
individuals and with the activities of the
private citizens or group of citizens
 Private law can be further sub divided into;
Civil Law, Contract Law, Company Law, Law
of Sales of Goods, Partnership Law, Banking
Law etc.
Public Law
 It deals with the matters relating to the
functions, power and activities of the State
or Public Bodies (like OGDCL(Oil & Gas
Development Corporation Limited),
N.B.P(National Bank of Pakistan),
P.P.L(Pakistan Petroleum Limited),
P.S.O(Pakistan State Oil) etc
Constitutional Law
 In case of the conflict between Constitution
of 1973 and all the laws operating in
Pakistan or outside Pakistan
 Pakistan’s Constitution must be Superior
 In Pakistan, Constitution of 1973 is treated
as the supreme Law of the Land
 All other laws are sub ordinate to it
 And no law can be made in Pakistan against
this Constitution
Case Law
 Case Law consist of the Judgements and
decisions of Law Courts.
 It is therefore known as Judgement Laws or
Precedent (judgements of the courts)
International Law
 It is a body of general rules and conventions
which are observed by the state in their
relation and dealings with each other
 At present the laws made by U.N.O
 International Laws are enforceable in such
countries who are the signatory of such
international document
 As Pakistan is a signatory of universal
declaration on Human Rights in 1948 etc.
Sources of Law:
• Law originates from various sources.
• Some sources are very old such as religion and
customs While others are of quite recent time
such as Legislation
The sources of Law are;
1. Customs
2. Religion
3. Judicial Precedent
4. Legal Commentaries
5. Equity (fairness)
6. Legislation
Customs
 Customs are important and earliest sources
of Laws
 Customs means what the people have
been doing since long
 It is habit of the people and arises among
them unconsciously
 In the past, people behave in a definite way
or had some definite relations with regard to
something of their daily life
• The Law which is based on custom is
termed as Customary Laws
• Society life creates customs
• And when these customs become old and
popular or well established
• Then majority of the members of the society
assume the customs to be respectful and
matter of honor and prestige
• And customary principles become
Customary Laws
 In other words, rules of customary conduct
are framed which are recognized by the
majority of the community in general
 And they influence the judicial decisions as
well later they become Laws
Religion
 Religions is one of the most important
source of Law from very beginning
 As we are living in a Islamic State, teachings
of Holy Quran and Sunnah contains several
Laws
 Including Family Laws, Law of Inheritance,
Marriage Law, Law dealing with Divorce and
different types of relations, etc are clearly
defined in Holy Quran
d
o In Pakistan’s Constitution, it is clearly mention in
Islamic Provision’s of the Constitution of 1973;
Sovereignty over the entire world belongs to
Almighty Allah
No Law would be passed against the teaching
of Holy Quran & Sunnah
All existing Laws shall be brought in
conformity with the injunctions of Islam as
laid down in the Holy Quran & Sunnah
And no Law shall be enacted which is
distasteful (repugnant) to such injunctions
 Similarly Hindu Laws derived from Hindu
Dharam
 and so with other religions and their
followers
Judicial Precedent
 Laws are also made by the Judges with a sue
(claim)
 When a sue are disputed are presented to a
Judge, it may not be covered by the existing
law
 So the Judge is responsible at that time to
interpret the law through their decision
 This interpretation becomes a precedent
 So that similar case is presented to another
Judge, he decide it according to the previous
judgment
 This decision of Law Court become the
source of Law
 And such Law is also called Case Law or
Judgment Laws
Legal Commentaries
 Laws are studied by the Jurists (a legal
person who has scientific study of Law
and the commentator of Law)
 They discuss them
 And give their opinion about their validity
and correctness
 So the opinion of Jurists (who are well
known in the society) become the source of
Law
Equity
 Equity means Equality, Fairness
 The principle of equity developing in old
times in England
 To avoid roughness, unfairness and injustice
 Equity corrects the mistakes in the Law
Legislation
 In modern time Legislation has become
most important source of Law
 Modern Life is very complex and full of new
demands and development
 Which cannot be regulated by old customs,
religious teachings and principle
 Religion and customs cannot meet this need
 Because they are static, rigid and outdated
 The law making organ of the State is called
Legislature like Parliament in Pakistan is a
Federal Legislation
Process of Legislation
o Process of Legislation is as under;
1. Most legislation are initiated by the
government and introduced as Government
Bills
2. A bill may originate in National Assembly or
in Senate
3. A bill when Passed by the house where it was
originated is sent to the other house. If the
second house passes the bill without any
amendment the same is presented to the
president for assent to enact it as a Law
Some basic concepts of private law:
Legal Right:
Definition:
• an interest protected by the law, and enforceable
through the courts
• Which give the right one person to the
uninterrupted enjoyment of an asset or method
or means of living his life
together with the requirement;
 that those who deprive that person of the
interrupted enjoyment of the asset or
method, or means of living his life
 should be required to compensate him for
his loss
 abstain from depriving the person of the
uninterrupted enjoyment
 or carryout such acts as should enable him
to continue with his previous enjoyment.
Classification of Rights:
oThere are two basic categories of rights.
a) Personal Rights
b) Real Rights
oPersonal Rights:
• Enforceable against an individual person or
group of persons, or against an organization
or Government body, such as a right to sue
(bring a claim) someone if he injures you or
doesn’t pay your bill.
Real Rights:
an exclusive interest or benefit enjoyed
by a person in a thing (i.e. property or
assets), enforceable against the world
at large.
Legal Persons
Definition of a ‘person’ in the legal
sense:
 any being or individual which the law
recognizes as being capable of acquiring
rights and duties
 familiar examples being human beings,
companies, local authorities, partnerships,
universities, the Government etc
 Legal personality is determined by the law
 “things” never have legal personality
Legal Capacity
 This relates to the ability of legal subjects to
perform valid legal/juristic acts: for
example, children and the insane
(senseless) have limited legal capacity
 Local Authorities are not authorized to carry
out definite acts.
The End

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Law

  • 1. What is Law Meanings of the term “LAW”  The word law is derived from a Latin word “LEX” which means binding  It may be define as; “The collection of rules imposed by authority.”
  • 2.  Law is always by authority which has the capability to impose or enforce it  Because if law is not making by sovereignty then it will not have its effect  In fact law is command; a command by superior to an inferior.
  • 3. Different Philosophies of Law: • The term Law is used in different senses. • In Physical Sciences Law means “A uniform behavior of things and nature.” • For example; It is Universal Principle that water flows from higher level to lower level.
  • 4. • Different philosophers gave their views on law differently • There is no single definition of law • Famous Writers and Jurists have defined the term Law in different ways.
  • 5. oDefinitions:  Aquinas (a great Jurist) defines law as: “A rule and measure of acts, whereby man is induced to act or is restrained from acting.“  Advocate Austin define Law as: “The command of Sovereign.”
  • 6.  Law consists of rules regulating the conduct of individuals, business, and other organizations in a society.  Intended to protect persons and property against unwanted interferences from others.  Body of rules issued by a controlling authority to be obeyed and followed.
  • 7.  Law is a system of rules normally enforced through a set of Institutions. (Courts)  All the laws of the entire world made for Human  Law effects everybody’s lives and society in different ways.
  • 8.  Law has a variety of meanings; usually involving a fair method of resolving disputes or following procedures that help establish sureness as to ownership or right to sure assets or advantages.  Law also lays down penalties for failure to hold on to definite social or economic rules.
  • 9. According to these definitions; Law may be define as: “Rules established by a governing authority to institute and maintain the justice in society.” OR “General Rules enacted by the government and enforced by its authorities.”
  • 10.  Rule means: “To bind individuals to certain actions. The Speed Limit.”  for example; it is planned to hold drivers within a definite acceptable speed. Drivers are bound to this by police officers and the warning of fines or arrest.
  • 11. Functions of law  Keep the Peace  Promote Social Justice  Facilitate Orderly Change  Facilitate Planning  Provide a Base for Compromise  Maximum Individual Freedoms
  • 12. Kinds of Law: 1. Private Law 2. Public Law 3. Constitutional Law 4. Case Law 5. International Law
  • 13. Private Law  The law which defines the rights and duties of the citizens as private individual is called Private Law.  It deals with the relation between two more individuals and with the activities of the private citizens or group of citizens  Private law can be further sub divided into; Civil Law, Contract Law, Company Law, Law of Sales of Goods, Partnership Law, Banking Law etc.
  • 14. Public Law  It deals with the matters relating to the functions, power and activities of the State or Public Bodies (like OGDCL(Oil & Gas Development Corporation Limited), N.B.P(National Bank of Pakistan), P.P.L(Pakistan Petroleum Limited), P.S.O(Pakistan State Oil) etc
  • 15. Constitutional Law  In case of the conflict between Constitution of 1973 and all the laws operating in Pakistan or outside Pakistan  Pakistan’s Constitution must be Superior  In Pakistan, Constitution of 1973 is treated as the supreme Law of the Land  All other laws are sub ordinate to it  And no law can be made in Pakistan against this Constitution
  • 16. Case Law  Case Law consist of the Judgements and decisions of Law Courts.  It is therefore known as Judgement Laws or Precedent (judgements of the courts)
  • 17. International Law  It is a body of general rules and conventions which are observed by the state in their relation and dealings with each other  At present the laws made by U.N.O  International Laws are enforceable in such countries who are the signatory of such international document  As Pakistan is a signatory of universal declaration on Human Rights in 1948 etc.
  • 18. Sources of Law: • Law originates from various sources. • Some sources are very old such as religion and customs While others are of quite recent time such as Legislation The sources of Law are; 1. Customs 2. Religion 3. Judicial Precedent 4. Legal Commentaries 5. Equity (fairness) 6. Legislation
  • 19. Customs  Customs are important and earliest sources of Laws  Customs means what the people have been doing since long
  • 20.  It is habit of the people and arises among them unconsciously  In the past, people behave in a definite way or had some definite relations with regard to something of their daily life
  • 21. • The Law which is based on custom is termed as Customary Laws • Society life creates customs • And when these customs become old and popular or well established • Then majority of the members of the society assume the customs to be respectful and matter of honor and prestige • And customary principles become Customary Laws
  • 22.  In other words, rules of customary conduct are framed which are recognized by the majority of the community in general  And they influence the judicial decisions as well later they become Laws
  • 23. Religion  Religions is one of the most important source of Law from very beginning  As we are living in a Islamic State, teachings of Holy Quran and Sunnah contains several Laws  Including Family Laws, Law of Inheritance, Marriage Law, Law dealing with Divorce and different types of relations, etc are clearly defined in Holy Quran
  • 24. d o In Pakistan’s Constitution, it is clearly mention in Islamic Provision’s of the Constitution of 1973; Sovereignty over the entire world belongs to Almighty Allah No Law would be passed against the teaching of Holy Quran & Sunnah All existing Laws shall be brought in conformity with the injunctions of Islam as laid down in the Holy Quran & Sunnah And no Law shall be enacted which is distasteful (repugnant) to such injunctions
  • 25.  Similarly Hindu Laws derived from Hindu Dharam  and so with other religions and their followers
  • 26. Judicial Precedent  Laws are also made by the Judges with a sue (claim)  When a sue are disputed are presented to a Judge, it may not be covered by the existing law  So the Judge is responsible at that time to interpret the law through their decision  This interpretation becomes a precedent
  • 27.  So that similar case is presented to another Judge, he decide it according to the previous judgment  This decision of Law Court become the source of Law  And such Law is also called Case Law or Judgment Laws
  • 28. Legal Commentaries  Laws are studied by the Jurists (a legal person who has scientific study of Law and the commentator of Law)  They discuss them  And give their opinion about their validity and correctness  So the opinion of Jurists (who are well known in the society) become the source of Law
  • 29. Equity  Equity means Equality, Fairness  The principle of equity developing in old times in England  To avoid roughness, unfairness and injustice  Equity corrects the mistakes in the Law
  • 30. Legislation  In modern time Legislation has become most important source of Law  Modern Life is very complex and full of new demands and development  Which cannot be regulated by old customs, religious teachings and principle
  • 31.  Religion and customs cannot meet this need  Because they are static, rigid and outdated  The law making organ of the State is called Legislature like Parliament in Pakistan is a Federal Legislation
  • 32. Process of Legislation o Process of Legislation is as under; 1. Most legislation are initiated by the government and introduced as Government Bills 2. A bill may originate in National Assembly or in Senate 3. A bill when Passed by the house where it was originated is sent to the other house. If the second house passes the bill without any amendment the same is presented to the president for assent to enact it as a Law
  • 33. Some basic concepts of private law: Legal Right: Definition: • an interest protected by the law, and enforceable through the courts • Which give the right one person to the uninterrupted enjoyment of an asset or method or means of living his life
  • 34. together with the requirement;  that those who deprive that person of the interrupted enjoyment of the asset or method, or means of living his life  should be required to compensate him for his loss
  • 35.  abstain from depriving the person of the uninterrupted enjoyment  or carryout such acts as should enable him to continue with his previous enjoyment.
  • 36. Classification of Rights: oThere are two basic categories of rights. a) Personal Rights b) Real Rights
  • 37. oPersonal Rights: • Enforceable against an individual person or group of persons, or against an organization or Government body, such as a right to sue (bring a claim) someone if he injures you or doesn’t pay your bill.
  • 38. Real Rights: an exclusive interest or benefit enjoyed by a person in a thing (i.e. property or assets), enforceable against the world at large.
  • 39. Legal Persons Definition of a ‘person’ in the legal sense:  any being or individual which the law recognizes as being capable of acquiring rights and duties  familiar examples being human beings, companies, local authorities, partnerships, universities, the Government etc
  • 40.  Legal personality is determined by the law  “things” never have legal personality
  • 41. Legal Capacity  This relates to the ability of legal subjects to perform valid legal/juristic acts: for example, children and the insane (senseless) have limited legal capacity  Local Authorities are not authorized to carry out definite acts.