Definition of law

- Different school of thought have tried to define law but there is no agreed consensus on
the definition of this term. For example, according to hart law is a coercive instrument
that regulates social behaviour.
- Salmond on the other hand defines law as a body of rules or principles recognized and
applied by the state I the administration of justice.
- In summary law can be defined as a body of binding rules designed by human beings by
human beings.

Morals

- Morality is a sense of right and wring depending on the values prescribed in the society
over time.
- Morality is binding on the conscience of the members of the society.

Morality and law

- Both laws and morality govern the behaviour of human beings in the society.
- Both notions have a foundation in autonomy and equal respect for everyone
- In a case where morality and law overlap morality is enforced as a law.
- However, there are certain wrongs that do not contravene morality e.g not saving a
person from drowning but do not contravene the law.
- Law governs conduct through fear and punishment while morality is internalized where
it becomes a second nature and it governs conduct without compulsion.

Functions or purposes of the law.

- The law ensures that there is peaceful coexistence and prevents anarchy.
- The law is a standard setting and control mechanism. It ensures that there are standards
and control in various sectors such as the manufacturing.
- It protects the rights of individuals and enforces duties by providing remedies when
these rights are not observed.
- It solves social conflicts.
- It controls and structure public power. the law creates a limited government and
ensures that the government is accountable, transparent and ensures good governance.

Classification/ types of law.

1. Written and unwritten law

2. National and international law.
3. Civil and criminal law
4. Public and private law.
5. Substantive and procedural law.

Written and un written law

- Written law are laws that have been documented in a formal document such as the
constitution and in international treaties.
- Unwritten laws are not contained in any formal document but the existence of such la
must be proved. E.g. Islamic laws and customary laws.
Civil and criminal law

- Criminal law are laws on crime. Crime is defined as an act or mission committed or
omitted in violation of the law e.g murder and theft.
- Civil laws on the other hand is concerned about the rights and duties of persons i.e
individuals and corporations.

Private and public law

- Public laws are those laws in which the state has direct interest as a sovereign.
- It is concerned with the Constitution and functions of the various organizations of
government including local authorities, their relations with each other and the citizenry.
Public law includes:
 Criminal Law
 Constitutional Law
 Administrative Law
- Private on the other hand refers to the laws in which the government has no direct
interest as a sovereign.
- It is concerned with the legal relationships between persons in ordinary transaction e.g.
 Law of contract
 Law of property
 Law of succession
 Law of marriage
 Law of tort