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business law

business law

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Published by Diana Soni
business law
business law

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Categories:Types, Business/Law
Published by: Diana Soni on Jan 28, 2013
Copyright:Attribution Non-commercial

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04/15/2014

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LESSON 1
THE NATURE AND SOURCES OF LAWAND ITS ADMINISTRATION
CONTENTS
1.0The Nature and Classification of law1.1The sources of Kenya Law1.2Statute Law1.3Common Law1.4Equity1.5African Customary Law1.6Islamic Law1.7Hindu Law1.8The Kenya judicial system1.9Special Courts1.10Case Law and Judicial precedent1.11The Court System1.12Legal profession
MODE:
1.Read the Study Text provided below2.Assigned readings:Chapters 1, 2 and 3 of Hussein3.Attempt the reinforcing questions given at the end of the lesson4.Compare your answers with those given in lesson 9
 
LESSON 1NATURE AND SOURCES OF LAW AND ITS ADMINSTRATION
2
NATURE AND CLASSIFICATION OF LAW
 
LESSON 1NATURE AND SOURCES OF LAW AND ITS ADMINSTRATION
3
The term “law” has no assigned meaning. It is used in a variety of senses. Though different writershave attempted to explain the term, no generally acceptable explanation has been given. Differentwriters explain the term law from different points of view. The study of law is referred to as
 jurisprudence or legal philosophy.
According to Hart Law is a coercive instrument for regulating social behaviour. Law has also beendefined as a command backed by sanctions. These two explanations of the term law presuppose theexistence of a sovereign, which prescribes or formulates the commands and enforces sanctions, which isnot necessarily the cas
e
.According to Salmond, law consists of a body of principles recognised and applied by the state in theadministration of justice. Law has also been defined as a collection of binding rules of human conduct prescribed by human beings for obedience of human beings. Inevitably, therefore law implies rules or  principles enforced by courts of law. Rules of law are binding hence differ from other rules or regulations. Rules of law are certain.In summary therefore, law is an aggregate of conglomeration of rules enforced by courts of law at a giventime.Rules of law originate from acts of parliament, customary and religious practises of the people, they mayalso be borrowed from other countries.
Law and Morality
Morality consists of prescriptions of the society and is not enforceable, however, rules of law areenforceable. Wrongs in society are contraventions of either law or morality or both.However, law incorporates a significant proportion of morality and to that extent morality is enforceable.However, such rules/contraventions are contraventions of law for example murder, rape theft by servantor agent.
Purposes or Functions of Law
(i)Rules of law facilitate administration of justice. It is an instrument used by human beings to achieve justice.(ii)Law assists in the maintenance of peace and order. Law promotes peaceful co-existence, that is, prevents anarchy.

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