Lecture No. 1
Outline
Introduction Why study law? Meaning of Law Sources of Law Law Merchant Common Law Equity Relationship between common law and equity
Outline (Cont)
Common Law and Equity distinguished Classification of Pakistan Law Civil and criminal law distinguished Crime
Meaning of Law
Law is the rules and regulations which are adopted by society to help it to function or to regulate the actions of its citizens, and if these rules are broken penalties and other sanctions are to be imposed.
Definitions of Law
Some definitions are given below:
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PLD (1963) Dac 422: Law is a body of Acts, Orders, Ordinances, Regulations, Rules, Conventions, Customs and practices which have the sanction of an authority capable of establishing law and order and which is thus enforced or recognized by courts and other law-enforcing machinery. Law Dictionary By Osborn: Law is a body of principles recognized and applied by the government in the administration of justice. PLC (1963) S.C.1: The word law necessarily connotes a written law or a written instrument having the force of law. Vinogradoff: Law is a set of rules imposed and enforced by a society with regard the attribution and exercise of power over persons and things.
Introduction
Pakistan Legal System consists of: The entire framework of the law of Pakistan The manner of its creation The procedure for applying it The court structure Methods of interpreting it The procedure of changing the law etc.
Criminal matters are the subject of Criminal Law dealt with the Criminal Procedure Code (CPC)
Sources of Law
Formal Sources: The formal sources of law, according to Salmond, is the will of the State as manifested by status or decisions of the courts. Material Sources: The material sources of law are those from which the law derived its matters. Material source may be historical source or legal source. Historical Sources are those rules which earlier were found in unauthoritative form but later on become converted into legal principles. Such sources are common law and equity. Legal Sources are those which are the instruments of the State by which legal rules are formulated. Legal sources are legislature precedent, customs and agreement.. Legislation is the law created by the Parliament of a country and other bodies to whom it has delegated authority. Precedent is judgment or decision of a court of law cited as an authority for deciding an identical case which serves as an authority for legal principle embodied in its decisions. Customs: The law which is based on custom is termed as cutomary law Customs are not permanent source of law. In Pakistan cutomary laws has been replaced by Shariat Law. Agreement: Not infrequently parties in their agreement incorporate a number of stipulations which are binding on the contracting parties in addition to general law of the country. These stipulations have the force of law and may be termed as conventional law.
Formal sources
Material sources
Customs
Agreement
Law Merchant
The law Merchant: or lex mercatoria is a collection of legal principals. Its basis was the customs and practices of merchants. At first it was dealt separately in district courts but eventually it became part of the Common Law.
Common Law
Definitions a. Commercial dictionary by Grandage: Common Law is that part of the law of England which was formulated, developed and administered by the old common law courts, based originally on the common customs of the country. b. DLR (1955) F.C 253: Common law signifies rules, customs and recognized principles which are not set down in writing in any Act of Parliament. The binding power of common law as a law emanate from long and immemorial usage and universal acceptance throughout the realm. The authority of these customs, rules and maxims rests entirely upon reception and usage as developed by judges. c. Law dictionary Osborn: common law is the common sense of the community, crystallized and formulated by the forefathers, it is neither local law nor the result of legislation.
Equity
Definitions a) Grandage commercial dictionary: Equity is the body of rules founded in fairness and justice which was evolved by the Lord Chancellor and court of Chancery to supplement the common law and also alleviate its harshness. b) Maine Osborn law dictionary: Equity based primarily on fairness and natural justice is a fresh body of rules by the side of original law, founded in district principles, and claiming to supersede the law in virtue of a superior sanctity inherent in these principles. c) Legal terms and phrases M.I. Khan: Equity in its broadest and most general signification, denotes the spirit and habit of fairness, justice, and right dealing which would regulate the relation of men with men, the rules of doing to all others as we desire them to do us. d) Justinian BLD IV: Equity denotes a spirit to live honestly, to harm no body, to render to every man his due.
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Crime
Khan Legal Terms and phrases: Crime may be defined as Acts and defaults which tend to the prejudice of the community, and forbidden by law on pain of punishment inflicted at the suit of the Government. Osborn Law Dictionary: A crime may be described as an act, default, or conduct prejudicial to the community, the commission of which by law renders the person responsible liable.
Thank you.