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Introduction to Law

1.Sayamon 2.Makhbeeba 3.Nithi 4.Naradon 5.Siwat 6.Wongsakorn

Group 1

Yosit

Yuldosheia

Khanom

Salasuk

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5648041

5615116

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Patamatikul 5611892

Purichat

5611719

Introduction to Law 1.   Sayamon 2.   Makhbeeba 3.   Nithi 4.   Naradon 5.

1.1 The relation between law and other rules

Law's created by state and also has a long development since the human has started to assemble as a society as presented in latin proverb " Ubi societus ibi jus" means where there is a society, there is law.

The relationship between law and other rules divide into 3 parts

1.Law and religion

  • - Religion is the teaching of the religious leaders set up for the believers to

prevent people from doing bad things.

  • - The similar criterions of religion and law are to conduct the behaviors of

human and the violators attain negative effects.

  • - The difference between law and religious is sanction.

2.law and moral

  • - Moral is the inner feeling of human separate good from evil thought or action.

3.law and tradition

  • - The similarity between law and tradition is a close relationship but law is regulated by state while tradition is created by group of people.

1.1 The relation between law and other rules Law's created by state and also has a

1.2 DEFINITION OF LAW

  • 1.2.1 Definition of law and legal philosophy

Meaning of law might have been changed from one School of Thought to another.

1. School of Natural Law

  • - Greek-Roman era

  • - Famous philosophers –Socrates, Plato, Aristotle, Cicero and Thomas Aquinas “ Law exists naturally. Law cannot be created by man” “NO LAW CAN BE UNJUST”

2. School of Positive Law -Famous philosophers – Thomas Hobbs and John Austin -Law is the order of sovereign -“ Public Order and Good Morals”

1.2 DEFINITION OF LAW 1.2.1 Definition of law and legal philosophy Meaning of law might have
  • 1.2.2 Present definition of law in Thailand

-Affected and influenced by the School of Positive Law -“Era of Revolution of Thai Law” intitiated in the reign of King Rama V -His Royal Highness Prince Rapee Patanasakdi (Father of Thai Law)

Two significant ideas

1.“ Law is the orders given by the rules to all that has been ruled, disobedience causes penalty”.

2.“ Law is the regulations of the state, which conduct human behavior, the violators are guilty and have to be punished”.

1.2.2 Present definition of law in Thailand -   Affected and influenced by the School of

1.3 Characteristic of law

  • 1.3.1 Oder/rules or regulations

-A declaration or expression of one person with power to control or command other person to perform or forbear from doing something.

  • 1.3.2 Order of the Sovereign

-Sovereign means the person or organization that is in possession of supreme authority to administer the state at a certain time.

To be sovereign of the state, depend on regime of that state

- Absolute Monarchy Regime, the sovereign is the king of the country - Under the constitutional monarchy, the government is the sovereign

with the king as a head of state, being under the constitution

A state is where sovereign can exercise the power .

To be a state,

1.Territory

2.Population

3.Government

4.Sovereignty

1.3 Characteristic of law 1.3.1 Oder/rules or regulations - A declaration or expression of one person
1.3.3 Comprehensively enforced









 both geographical and chronological - Every person shall be under the same law
1.3.3 Comprehensively enforced









 both geographical and
chronological
-
Every person shall be under the same law equally.
-
Not necessary enforced all over the country
enacted to be applied to
the
specific group of people.
-
The promulgated law must be used until it has been cancelled or revoked
by the equal or higher law and could not be used against the offenders in the
past.
1.3.4 Legal sanction
-
Civil sanction aimed to put a person back into original (uninjured)
status and if the actions can’t be executed
compensation

-Criminal sanction more severe 1) Execution 2) Imprisonment 3) Detention 4) Fine; and 5) Forfeiture of property

1.3.3 Comprehensively enforced









 both geographical and chronological - Every person shall be under the same law

1.4 Evolution and Sources of Law

Legal system means the system of a country concerning the structure of law and legislation.

1.4.1 Evolution of International Legal System

Civil Law System influenced by Roman Law

-The famous Emperor, Justinian ordered the codification of “ Corpus Juris Civilis” to be used widespread across the Roman empire -Intermingled with legal tradition of the tribe called “ German” and sometimes is called “Romano Germanic system” Used in many countries such as Europe, Africa, Asia Characteristics

  • 1. Codification- written law

  • 2. Judges decide both factual and legal issues <no jury>

3.The Codes were generalized to specific the case that occurred 4.The civil issues are visibly identified as well as the criminal mattered 5.The courts have no right to make new law in their trials ,so it can be said “Judge-use Law”

1.4 Evolution and Sources of Law Legal system means the system of a country concerning the

Common Law System



  • - Has its roots in England that composed of two tribes Angles and Saxon.

  • - It was the compilation of domestic legal tradition in England .

  • - It was this system that transformed Tribe to Feudalism. So sometimes it is call ”Anglo-saxon System”

Characteristics

1. Domestic tradition became the law approved by people.

  • 2. When the cased are judged, they became “Precedents” and if the later cases

are in common with the precedents, it must be judged in a similar manner.

  • 3. The higher courts decision always binding on the lower courts .

    • 1.4.2 Source of Law

-Custom or Tradition Tradition is deeply enrooted in a Common Law System due to the following of “precedent” however, in Civil Law System it is not a direct source of law that has been used in court trial.

Common Law System 

 - Has its roots in England that composed of two tribes Angles

-Religion -Includes all form of belief in superior beings exercising power over humans by imposing rules of conduct , with future rewards and punishments. -Same purpose in term of controlling human behavior in order to make human living together in peace. -Religion does not provide instantaneous sanction but for some countries such as Islamic countries the law is heavily influenced by religion.

-Judicial Decisions -In Common Law countries, the court judgment or “precedent” will be later use in the next case. -If there is a new case that disputes on the similar situation as the former case, the court will following the rule laid down by the former case.

-   Religion -Includes all form of belief in superior beings exercising power over humans by

1.5 Classification of Law

1.5.1 Content of law

  • 1. Substantive law

- Enforce human directly such as civil rights, liberties, criminal matters

etc.

  • 2. Procedural law

- Prescribe about the procedures in the court.

  • 1.5.2 Relation of parties concerned












1. Private law

- Deals with the juristic relation between individuals. - Prescribes about the rights duties and relationship between individuals who are in equal status such as purchase and sale contract.

1.5 Classification of Law 1.5.1 Content of law 1. Substantive law - Enforce human directly such

2. Public law

  • - Deals with the relation between the citizen as the individuals and the state as their ruler.

    • - Used to protect the state and maintain internal peace.

    • - Has the direct control of punishing people. There are 4 subtypes of public law

Constitution - Supreme law of the country.

Administrative law - Stipulates the bureaucratic order and administrative organization and relationship between them.

Criminal law - Public law that stipulates criminal offense that might effects state internal peace.



Law on organizations of the court of justice : concurring the rules of judicial services and court administrations.

2. Public law - Deals with the relation between the citizen as the individuals and the

3. International law

- Control the relationship in the international community. - Dealing and cooperation for common good and peaceful existence.

Sources of international law

1.Treaties, conventions or international agreements

-Source of international law -The agreement must be bound by the contract within

2.International customary law

-The state practice and must be repeated for a certain period of time

3.General principles of international law -Lawyers must find the law to be utilized in the specific occurrences

4.Writing of juristic or publicists

-Found in teaching of professors or career judges

3. International law - Control the relationship in the international community. - Dealing and cooperation for
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