Tutorial Introduction to Law

1. Law is a general rules of conduct. Briefly explain the meaning of law according to 4
main Schools of Legal Thought *

Firstly, the meaning of law according to Positive School Law is that law defined as a command of the
sovereign body in the society. Furthermore, these orders are supported by threats of sanctions to be
applied in the case of disobedience. Therefore, it is a manmade law by which the ruler can impose a
penalty on those who have violated the law.

Secondly for the Sociological School, it does considers law as a tools or facilitating mechanism, making
transactions possible between man and also solving awkward problems as they arise. In other words, it
shows that it might be seen as a mechanism of social control, regulating activities and interest in the
name of the community as well as a ruling class or the state.

Thirdly, the Natural Law School. It does consider law as an essential man. In other words, man whose
lives in a social group and by nature, law is very necessary to regulate man’s behavior. Besides, the
central idea of this theory is that there is a higher law based on morality against which the validity of
human law can be measured.

Lastly, the Realist. Whereas law is a rule of conduct that laid down by a person that is acting as the
judicial organ of the states. Then, law is what the judge declared instead of what is stated in the Statute.
It depends on what has been done and applied. This is because human beings is the one who make the
rule, so it is not perfect.

2. Law can be divided into several classifications according to their particular characteristics. Explain
any 4 classification of law *

There are 4 classification of law. The first one is civil and criminal law. For the civil law it is a law that is
relating to transactions and undertakings among individuals. For example, law of contract, tort, family
law, land law, company law, commercial law and others. As we know, this civil law could resolve the
matters out of court by way of negotiation, arbitration or conciliation. Meanwhile for the criminal law,
all of the matters is involving the state and the individuals. So the aim of this criminal law is to punish
the offenders or rehabilitate them. Some of the sentences are fine, whipping or death and
imprisonment. As for child offender, they will be placed at the rehabilitation centers.

Next is the man-made or god-made law. In this law, the Federal Constitution of Malaysia does provides
that Parliament is the law-making body in Malaysia. Whereas in the state level, the legislating body is
the State Legislative Assembly. However, all of the laws need to be amended in order to suit the ever
changing demands and needs of the society. In fact, this God-made law or known as Islamic Law, it
cannot be changed by men, but it may be interpreted to overcome the needs of the society.

After that is the public or private law. For the public law, it is a law that governs the relationship
between individuals and the state. This public law does Involves criminal law, administrative law and
also the constitutional law. But then the constitutional law may be lays down the rights of individuals in
the state. Meanwhile for the private law, it is involving relationships, the rights and obligation between
individuals. However, it is designed to provide compensation to injured people, to allow property to be
recovered from wrongdoers, and to enforce obligations. In addition, this private law also state that it
covers the law of contract, tort and also trust.

Lastly is the substantive and procedural law. This substantive law is a set of laws that governs how the
members of a society to behave. This substantive law means rights and responsibilities in civil law,
crimes and punishments in criminal law. Whereas it may be codified in statutes or even an exist through
precedent in the Common Law.

3. Explain any 3 major legal systems in the world *

First is the Common Law Legal System. It is used to describe those legal systems whose laws are derived
from the English system. Besides, this common Law Legal System is conducted in the U.S.A, Canada,
India, Australia, Brunei, Singapore, Malaysia and others. Doctrine of stare decisis is practiced heavily by
the courts and judges. They are creative in the interpretation of the legislation that is made by the
legislature.

Secondly, the Civil Law Legal System. It does describes those systems which developed out of the
Romano Germanic legal tradition of continental Europe. As we noticed, this Civil Law Legal System is
practiced by France, Germany, Spain, Italy, Netherlands, Portugal and others country. In addition, the
Roman law is known as the basic source of law for the civil legal law.

Thirdly, the Socialist Legal System. This Socialist Legal System is practiced in Soviet Union and Chinese
Soviet Republic. So, regarding this Socialist Legal System, all of the society needs to be reform. Whereas
they were divided between the upper class that is known as ruling class and the lower class. Within this,
the ruling class used law as a tool of reform for the social change.

4. Law serves many functions in a society. Elaborate 3 of the main functions of law *

There are 3 main functions of law. So, the first function is to control and determine the life of the society
and to eliminate the unfairness. For example, the criminal law determines the types of conduct that is
not allowed by the society such as theft, hurt or even harmed. If there is any person who does any of the
above acts will be punished, penalized and sentenced such as fine, imprisonment and death.

Second function is to stop such institutions from spreading unrest in society. The children who are
educated in these institutions are more prone to believing only the things they are told without
investigating further about what they are told. These children start to harbor hatred and violence
against some groups and communities in society. The violence shifts from verbal to physical and then to
armed. The riots and violence in society grow, fueling hatred among different communities. This is the
reason why we need to set up laws for the institution to respect certain policies that prevent such
unrest and conflict in society.

Third functions is to achieve justice. For instance, in Federal Constitution of Malaysia, its state that every
citizen has a freedom of movement unless arrested. . This law is very applicable to all regardless of race,
religion or ethnic group. In addition, justice is one of the most important moral values in the spheres of
law and politics. Legal and political systems that maintain law and order are desirable, but they cannot
accomplish either unless they also achieve justice.