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Published byHope Casey Modified over 5 years ago
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Definition of the Law The law is the body of rules which govern and regulate the social conduct of people or formally recognized as binding and enforced by a controlling authority. Law is the system of rules a society sets to maintain orders and protect harm to persons and property.
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Characteristics of the rule of Law
1-The rules must regulate the human conduct in the society. 2-The rules must be general & abstract. 3-Enforced by controlling authority. (punishment, sanction, penalty)
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Rules: a statement that tells you what is or is not allowed to do.
Regulations: an official rule or law that says how something should be done.
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Purposes and Functions of Law
The law serves many purposes and functions in society. The below are six main purposes and functions: 1- Protecting basic human rights (Liberties and Rights) 2- Helping resolve conflicts (disputes). 3-Promoting order and stability . 4-Promoting desirable social and economic behavior . 5-Representing the will of the majority 6-Protecting the rights of minorities .
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Sources of Law The most important sources of law:
We can determine the important sources of law generally as follows: 1- Religion. 2- Custom. 3- Equity. 4- Judicial Decision. 5- Juristic Opinions. 6- Legislation.
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The sources of the Iraqi Law according to the 1st Article of the Iraqi Civil Law No. 40, 1951 states on: 1- ‘Authoritative’ sources of Iraqi law represented by Legislation, Customs, Religion, as represented by Islamic law and equity. 2- ‘Interpretative’ sources represented by judicial decisions and juristic opinions.
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