THE RULE OF

LAW

 LAW IS THE

HALL-MARK OR THE

VERY ESSENCE OF

THE NATION-STATE
 The rules, principles, standards

and processes devised by the state

WHAT IS A LAW? that govern the relationships and

regulate the conduct of the men

in an organised society.
 CONCEPTS ABOUT THE

NATURE OF THE LAW

1. The Historical Concept

2. The Philosophical Concept
3. The Sociological Concept
4. The Positivist or Analytical Concept
5. The Functional Concept
6. The Pure Science of Law Concept
 The Historical Concept

The contention the Historical advocates is that

a sovereign's command to perform "a dishonest

or dishonourable act' it is not true law to a

moral society.
 The Philosophical Concept

The law is always right and that it should be

used by the political authority as a means of

achieving goals for promoting social justice and

the common good.

 The Sociological Concept

The Sociological jurist views the law as a

product of social needs, so that the purpose is to

serve the society.

The Positivist or Analytical Concept

That the greatest-happiness principle was to be

used to measure the value of the law and that

the jurisprudence was to analyse and censure

the in the light of its contribution to the general

welfare.
 The Functional Concept

The advocates of the Functional concept

interpret the law as one possessing policy value

which is essential in attaining men's maximum

wants with a minimum of social conflicts.

The Pure Science of Law Concept
The only limitations of the law are procedural in
character which consolidates all laws into a

unified hierarchical structure in which

ordinance is subordinated to the statute, and

the statue of the Constitution, and all national

and municipal laws to international law.

 Sources of Law
1. Natural Laws
2. Customs
3. Statute
4. Judicial Decisions
5. Constitutions
6. Treaties
7. Executive orders and Proclamations
8. Codes
9. Municipal Orders
 A reflection of divine

reason in man, a

manifestation of

NATURAL LAW
ethical belief that man

seeks always to be good

and not to do evil.
 The traditional

practices of a group of

CUSTOMS people which carried on

from generation to

generation.
 The Laws made by the

STATUTES Parliament or

Legislature
 Judicial Decisions serve
JUDICIAL DECISION as useful guide in

making of new laws.

 It is the Supreme law

that limits the powers

of the government and

CONSTITUTION its activities, and

defines the relations

between government

and the citizens

 Treaties between

nation-states are the

TREATIES
main sort of

international law.
 Usually, the effects of these

orders and proclamations

EXECUTIVE ORDERS
are only temporary, so that

AND when there are statutes

PROCLAMATIONS enacted to regulate these

activities such orders,

decrees, proclamations lose

their effects
 In order to understand

these laws better, there

CODE is a need to compile

and arrange them

systematically into code.

 They are local laws that

are intended to state a

ORDINANCE more or less permanent

policy of a city or

municipal government.
 The Current Legal System

1. The Roman Law

2. The Civil Law System
3. The Common Law System
4. International Law
 It was described as a

classical and stressed

strict reliance to formal

rules and principles, thus

impressing upon the

THE ROMAN LAW judiciary necessity to

decide from formulated

general rule of law the

principle to be applied to

the case under

consideration.
 It gives emphasis on codes
THE CIVIL LAW of law and statutes.
 The common law system

attempts to have a

uniform judicial approach

to the interpretation of

THE COMMON LAW

executive, legislative,

SYSTEM judicial and

administrative actions.
 It is a body of generally

accepted principles,

standards and rules

regulating and

controlling the conduct of

INTERNATIONAL LAW
nation-states, groups of

people and international

organisations in their

relationship with one

another.
 THE RULE OF

EQUITY
the system of rules that

provides remedies requiring a

person to perform or restrain

from doing an act to the extent

that fairness and justice will be
attained for the person who has
been unjustly treated.
Thank you!