Law & Engineering Practice ECM 517

Principles of Law

Lesson Learning Outcomes

 At the conclusion of this lesson, the student

should be able to:

  

Discuss what is Law. Describe the various types of Laws State the sources of Law

What is Law?
Law has many definition
The written and unwritten body of rules largely derived from custom and formal enactment which are recognized as binding among those persons who constitute a community or state, so that they will be imposed upon and enforced among those persons by appropriate sanctions Curzon A command set by superior being to an inferior being and enforced by sanctions (punishment) John Austin

Law is not synonymous with Justice

What is Law?
 Law is a system of rules that people are supposed to

follow in a society or a country.  To follow the laws of a society is to do legal things. An activity is illegal if it breaks a law or does not follow the laws.  In ancient societies, laws were written by leaders, to set out rules on how people can live, work and do business with each other.  Today in most countries, laws are written and voted on by groups of elected politicians in a legislature, such as a parliament or congress.

What is Justice?
 Justice refers to fairness or rightfulness; it is a

moral value to which the law is a means towards its attainment

 The famous latin legal phrase: fiat justitia,

ruat coelum


Let justice be done, though the heaven falls

History of law
 The history of law is closely connected to the development of

human civilisations. Ancient Egyptian law developed in 3000 BC. In 1760 BC King Hammurabi, took ancient Babylonian law and organized it, and then had it chiseled in stone for the public to see in the marketplace. These laws became known as the Codex Hammurabi.
 The Torah from the Old Testament is probably the oldest body

of law. It was written in about 1280 BC. It has moral rules such as the Ten Commandments, that tell people what acts are not permitted.

Classification of Law
Law regulates the citizen in their relations with the State (government) and with one another. An easy way to see how it operates in the legal system is to classify it in the light of its relationship. Law can be classified into public and private law.

Public Law
 Public law regulates the relationship between

the citizen and the state

 It is further divided into areas of law dealing

with different types of matters affecting the citizen-State relationship namely, constitutional law, administrative law and criminal law.

Public Law 3 types

 Constitutional law defines the structure of
governments can act and on human rights.)

government and the rights of inviduals under that government. (is used to create laws on how different levels of

 Administrative law regulates the duties and

exercise of powers by administrative authorities

(is used by ordinary citizens who want to challenge decisions made by governments.)

 Criminal law (familiar to most people) concerns

those acts or omissions which are offences against the State and for which offender is liable to be tried and, if found guilty , punished. (is used by the government to
prosecute and punish people who break laws.)

Private Law
 Private law (sometimes referred to as civil

law) regulates relationship between citizens and may further divided according to the ways it regulates the relationship.  It includes contract, tort, trust, land, family, company, partnership, agency and commercial law.  Legal action is normally undertaken at the initiative of the individual

ypes of Private Law

 Contract law sets rules on agreements to buy and

sell items and services.

 Property law states the rights and obligations that a

person has when they buy, sell, or rent homes and buildings.


rust law sets out the rules for money that is put into an investment, such as pension funds that people save up for their retirement. ort law helps people to make claims for compensation (repayment) when someone hurts them or hurts their property.

Private Law
 The party commencing an action is referred

to as the plaintiff and the other party being sued is the defendant.  The action is called civil proceeding and the procedure governing it is quite different from criminal proceeding which is a prosecution of an offender for an alleged offence.  The law of contract is the most important because it encompasses all sorts of commercial and non-commercial transactions.

he Common Law
 Refers to law laid down by judges judge -made laws

sitting in the Superior Courts as distinct from statute law enacted by the legislation  It comes from England and it became part of almost every country that once belonged to the British Empire, except Scotland, and the Canadian province of Quebec. Common law had its beginnings in the Middle Ages, when King John was forced by his barons to sign a document called the Magna Carta, which limited his authority to pass laws. Over time it developed solid principles.

Religious Law
 Religious law is law based on religious beliefs

or books. Examples include the Jewish Halakha, Islamic Sharia, and Christian Canon law. Until the 1700s, Sharia law was the main legal system throughout the Muslim world. In some Muslim countries such as Saudi Arabia and Iran, the whole legal systems still base their law in Sharia law.

Religious Law - Islamic Law

 Applicable only to Muslims and administered

in the Syariah Courts.  The power to administer Islamic law is primarily that of the States (except KLWP and Labuan).  The Syariah Courts possess civil jurisdiction in proceedings between parties who are muslims, and limited criminal jurisdiction over offences by muslims against the religion such as not fasting in the month of Ramadan, alcohol consumption and others

Native Law
 Personal law applicable to the natives of

Sabah and Sarawak  Natives are the indigenous people of these two states and the legal definition of Native is found in the Federal Constitution and State law

Sources of Law
The main sources of Malaysian law are:  Federal Constitution  13 Constitution of the States  Federal laws made by Parliament  State laws made by State Assemblies  Federal and state subsidiary legislation  Judicial decisions of the Superior Courts often referred to as common law or judgemade law

Sources of Law contd..

 Principles of English law suitable to local

circumstances  Islamic law which is applicable to Muslims

Rule of Law
he Rule of Law is the law that says that Government can only legally use its power in the way the government and the people agree.
 It limits the powers a Government has, as agreed in a country's

constitution.
 The Rule of Law prevents dictatorship and protects the rights of the

people.
 When leaders enforce the legal code honestly, even on themselves and

their friends, this is an example of the rule of law being followed.

 "The rule of law", wrote the ancient Greek philosopher Aristotle in 350

BC, "is better than the rule of any individual."

Professional Engineers and The Law

 Engineers like other professional people, have a duty

to acquire a working knowledge of the law as it affects their professional work .

 In the case of an engineer the relevant fields of law

are notably those of contract, especially the standard forms of building contract, and the various statutory regulations, such as the Building Regulations, planning law, health and safety law, procurement law, and the like

Professional Engineers and The Law

 An engineer is not expected to know all the law in the  

 

relevant areas himself. But he is expected to ensure that his client does not suffer from the absence of his own legal knowledge. He is expected to know enough law to be aware of the circumstances in which specialist legal advice is needed. He should then advise his client to obtain legal advice. Alternatively, he should himself instruct a barrister directly.

Professional Engineers and The Law

 An engineer will also want to know about the

areas of law which affect him or her personally.

    

When can he be sued? How can he sue for his fees? When is copyright in his design protected? How should he insure? What is the legal relationship between him and his employer, or between him and his employees?