Chapter one: What is Law?

1-Definition of Law:
According to Black’s law dictionary, Law is “a body of rules of action or conduct
prescribed by a controlling authority, and having binding legal force. That which must be obeyed
and followed by citizens subject to sanctions or legal consequence.”
The Oxford dictionary of law defines law as: “ the enforceable body of rules that govern any
society’’
In other words, law is a body of rules and principle that govern and regulate the social
behavior or conduct, which are enforced by sanctions.

2-Importance of Law:
The importance of law lies in defining individuals’ rights and duties, and sanctions imposed
on those breaching the rules, as well as it shows the government how to apply the rules and
sanctions.

3- Characteristics of Law:
Based on the previous definitions, the legal rule has four characteristics:

a) Social: The law is a social phenomenon, and there is no law without society, and the legal rule
regulates the relationships of individuals within a society, i.e. the legal rule is concerned with an
individual’s external behavior, and it has nothing to do with his thoughts and beliefs.

b) Abstract: The legal rule is neither concerned with a specific person, nor a particular case; it
neither mentions a person by his name nor a specific incident; it is applicable whenever its
conditions exist in any person or case.

c) General: The legal rule is general in terms of persons, cases, and location, i.e. it is applicable to
every person, in any case, and it is not limited to a specific part of the state, but rather includes
the entire region of the state, and this feature aims to ensure non-discrimination.

d) Binding: The law must be equipped with the force to impose its respect and obedience because
it aims to prevent the occurrence of the error, so it must have the means to ensure that i.e. the
legal rule is enforced by sanctions; individuals must comply with and obey the legal rule;
otherwise, they will face sanctions.
* What is Sanction?
Sanction is the effect of violating or breaching the legal rule, and its purpose is to pressure
the individuals’ will to comply with the orders and prohibitions of the law; because the law aims to
ensure security and stability in society, and this aim cannot be achieved if the individuals have the
freedom to respect the legal rule or not.
* Characteristics of Sanction: The sanction of a legal rule has two characteristics:

a) It is forcibly applied by the public authority and according to a predetermined system;

meaning that the penalty is known before the violation of the legal rule occurs so that the public
authority does not wait for the violation to occur and then thinks about the appropriate penalty.
b) It is a non-delayed penalty applied as soon as the violation occurs, and it has a material
nature, not moral; it may infect a person himself, such as: death; or restrict his freedom, such as
imprisonment; or affect his finances, such as: fines and compensation.

* Types of Sanctions: There are four types of sanctions:

a) Criminal sanction: It is the penalty imposed for violating rules of the penal code. It affects the
person’s freedom or his financial liability, such as the death penalty, incarceration or
imprisonment, fine, and expropriation.

b) Civil sanction: It is the sanction imposed for violating the rule that protects a private interest or
a private right or for violating civil rules, for instance: Compensation, compulsory execution,
nullity, annulment, and threatening fine.

c) Administrative sanction: It is the sanction imposed on the state employees for violating the
labor rules. It aims to ensure the proper functioning of public utilities, e.g.: blame, warning,
denial of promotion, dismissal from a position.

d) International sanctions: They are are measures taken collectively by states to ensure
compliance with major international norms. They can be diplomatic, social, cultural, economic,
and military.

Types of Sanctions

Criminal Sanctions Civil Sanctions Administrative Internaational

Death Penalty (Ar. 261 P.C) ,
Incarceration Or Imprisonment
(Ar. 144 P.C) , Monetary Fine
(Ar. 463 P.C)
Reparation or Sanctions: Dismissal Sanctions: Diplomatic,
from a position (Ar.184 Social, Cultural,
Compensation (Ar.
124C.C) order 03.06) Economic, And Military.