ITL Chapter 1; Definition and Element Flashcards
What is Law often perceived as?
Law is often perceived as bout courts, judges, prisons, and the police. Encompasses much more, like the meaning, functions, classification and sources.
How does the Oxford Dictionary describe Law as?
Law is the enforceable body of rules that govern any society
How does the Cambridge Dictionary describe Law as?
-A rule
-Made by a government
-Used to order how a society behaves
-Emphasizes its authoritative origins and purpose in controlling behaviour
How does the Collins Dictionary describe Law as?
-A system of rules
-A society/government develops
-To deal with crime, business agreements and social relationships
How does legal dictionaries define Law?
A tool to regulate
-societal behaviour
-resolve disputes
-maintain order
What does John Austin say about Law?
“A command of the sovereign backed by sanction”
-consist of order issued by authority , accompanied by penalties for non-compliance
What does John Salmond say about Law?
“A body of rules or principles recognized and applied by the state in the administration of justice”
-directives issued by an authority, but entails the purpose of law -to administer justice
What does Sir William Blackstone say about Law?
“Rule of civil conduct prescribed by the supreme power in a state, commanding what is right, prohibiting what is wrong”
What is the general understanding of Law?
-A command that regulates human behaviour and way of life
-Made by the authorities or rulers
-Addressed (for) members of a society to do something or refrain from doing something
-Failure of which is subject to sanction
What are the Elements of Law?
(R.A.S.E.S)
-Rules/Command
-Authority/Sovereign/Lawmaker
-Society/Jurisdiction of State
-Enforcement
-Sanction/Punishment
What is the difference between rule and command?
Rule - An accepted principle or guideline that dictates how things should be done (specifying what is permitted or prohibited)
Command - An order, authoritative in nature. Establishing a framework to guide behaviour of individuals. Sets boundaries for actions, prescribing what must be done and prohibiting certain behaviours
What is the difference between Authority, Lawmaker and Sovereign.
Authority - Group of people with official responsibility for a particular area of activity
Lawmakers - Individuals who are responsible for making and changin laws, such as - Legislators
Sovereign - The highest power or being completely independent
What is the difference between Society and Jurisdiction of the State?
Society - A large group of people who live together in an organized manner, making collective decisions and sharing responsibilities
Jurisdiction - The authority granted to a court or official body to make legal decisions and judgments.
What is Enforcement?
The process of making people obey the law or rule. (Must be enforced, if no enforcement, the law will be taken for granted and eventually not followed. PDRM one of the enforcement agencies responsible for enforcing criminal law in Malaysia
What is Sanction?
Sanction in the legal context serve varied purposes and can be categorized accordingly.
-Criminal sanction - punish criminals by imposing imprisonment, fines, death penalty
-Civil sanctions - aim to bring remedies to the aggrieved party in a dispute by ordering the offender to pay compensation to ensure fairness and equity
Without sanctions people won’t fear breaking the law, because there is no repercussions. Sanction instill fear to discourage people from disregarding the law.
