Introduction to Law

Law and Society

The evolution of human society

Relationship between Law and
Human Society

Definition of Law
Law in its legal sense means those rules
and principles that govern and regulate
social conduct and the observance of
which can be enforced in courts
It operates to regulate the actions of
persons in respect to one another and in
respect of the entire social group or
society
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Public Law
The law which concerns the public or
society as a whole and handles conflicts
between the individual and the state are
known as Public Law. Public Law can be
divided into three classes:
Constitution Law
Administrative Law
Criminal Law
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Private Law
Private Law pertains to individuals. It
handles conflicts between individual
persons. It is separated into many special
fields such as:
Law of contract
Law of Agency
Law of sale of goods
Law of negotiable instruments, etc. etc.
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Sources of Law
Two types:
God given law (Islamic Law)
Man made Law

Sources of Islamic Law

The Holy Quran

Hadith and Sunnah
Ijmaa
Qayas

Sources of Man Made Law

1. Statute Law
Primary legislation
Delegated legislation

2. Judicial Precedence
3. The Common Law

Primary Legislation
Parliament
(National):
a. National Assembly
b. Senate
d. President
(Provincial):
a.Provincial Assembly
b.Governor

Delegated Legislation
Detailed rules and regulations and
procedures framed by the authorised
institutions for day to working, remaining
under the overall ambit of the primary
legislation.

Judicial Precedence
Previous decisions of superior courts in
cases of similar nature

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The Common Law

Consists of the principles based on
immemorial customs, and enforced by the
courts. It is traditionally unwritten law
having force of public opinion and widely
accepted by the society.
It can be found in volumes of reported
cases and is common to the whole realm

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Difference between Act and

Ordinance
What is an Act? (National/Provincial)
Procedure for passing an Act.
(National/Provincial)
What is an Ordinance?
(National/Provincial)
Issuing an Ordinance (National/Provincial)

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Three Pillars of State

Legislature
Executive
Judiciary

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Legislature
The pillar of the state that makes the law.
It includes the following:
a. National Assembly
b. Senate
d. President
e. Provincial Assemblies
f. Provincial Governors
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Executive
The pillar of the state that enforces and
implements the law.
This includes the police and other law
enforcing authorities

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Judiciary
The pillar of the state that interprets the
law and gives awards (decisions) and
sentences as per law.
This includes law courts, magistrates and
judges

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