Kinds of law and sources of law. What is law? DEFINITION OF LAW The system of rules that a particular country or community recognizes as regulating the.

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Presentation transcript:

Kinds of law and sources of law

What is law?

DEFINITION OF LAW The system of rules that a particular country or community recognizes as regulating the actions of its members and may enforce by the imposition of penalties. A rule, usually made by a government, that is used to order the way in which a society behaves.

DEFINITION OF LAW According to the Devine theory of law, “Law is the formulation of divinely ordained rules for human action”. According to the Austin command theory, “Law is the body of commands of the sovereign authority in a politically organized society as to how men should conduct themselves therein” Article 152 of the Constitution defines LAW as “Law means any Act, ordinance, order, rule, regulation, bye-law, notification or other legal instrument, and any custom or usage, having the force of law in Bangladesh”

WHY WE STUDY LAW ? FOR EARNING FOR REPUTATION. FOR HELPING THE PEOPLE.

HOW WE EARN ? BY GIVING SUGGESTION. BY WRITING LEGAL DOCUMENTS. BY REPRESENTING THE CLIENT.

What organ we use for earning ? Brain Mouth Hand

SO WHY WE STUDY LAW? For interpretation of law and representing it on behalf of client. For learning how we can present our self. For raising our voice. To create our mind in logical thinking.

KINDS OF LAW Municipal Law – Public Law (Constitutional,administrative,criminal) – Private Law(persons,property) International Law

KINDS OF LAW Procedural law Substantive law Civil law Commercial/Mercantile law Labor law Fiscal law Martial law Autonomic law Personal law

KINDS OF LAW Physical Law or Scientific law Practical Law Conventional Law Customary Law Imperative Law Natural or Moral Law Common Law Equity

SOURCES OF LAW(HINDU) I. Ancient Sources (i) Shruti (ii) Smriti (iii) Digests and Commentaries and (iv) Custom. II. Modern Sources (i) Justice, equity and good conscience (ii) Precedent, and (iii) Legislation.

SOURCES OF LAW(MUSLIM) PRIMARY – Quran – Sunna Or Ahadis: Traditions of The Prophet – Ijma: unanimous decisions of the jurists – Qiyas: Analogical Deduction SECONDARY – Custom – Judicial Decisions

SOURCES OF INTERNATIONAL LAW The generally recognized authoritative statement on the sources of international law is the Statute of the International Court of Justice (ICJ), Article 38, which specifies that the Court, in deciding disputes, shall apply: international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; international custom, as evidence of a general practice accepted as law; the general principles of law recognized by civilized nations; subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law. The first three of these--treaties, custom, and principles of law--are sometimes referred to by lawyers and librarians with a common law background as "primary sources" of international law. The last two--judicial decisions and the teachings of publicists--are sometimes referred to as "secondary sources" or evidence of international law rules.

SOURCES OF LAW Presidential order Statute Ordinance Customary law Precedent Delegated legislation Juristic writings

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