Law and other related

concepts.
DEFINITION OF LAW
Law can be defined as the system of rules which a
particular country or community recognizes as the
regulating the actions of its members and which
maybe enforce by the imposition of penalties.
TYPES OF LAW.
1. Family Law
2. Criminal law
3. Sharia law
4. Common law
5. English law etc

1. Family law; is the body of law regulating family

relationships, including marriage and divorce, the
treatment of children, and related economic
matter.
2. Criminal law; is the body of law that defines
criminal offences, regulates the apprehension,
charging, and trial of suspected persons, and fixes
penalties and modes of treatment applicable to
convicted offenders.
 3. Sharia law; Sharia law is a religious law that lays
down governing principles for spiritual, mental,
and physical behavior that must be followed by
Muslims.
4. Common law; body of customary law, based upon
judicial decisions and embodied in reports of
decided cases that has been administered by the
common law of England since the middle ages.
5. English law; is the common law legal system of
England and Wales, comprising mainly criminal
law and civil law, each having its own courts and
procedures.

Concepts of law
The term Concepts broadly means “an obstruction from
particular things or events etc, forming a general notion”.
According to Paton-Concepts as those
categorization which are rigidly determined as a matter
of law.
According of Bodenheim - as legal concepts as
working tools of judicial reasoning and art of doing
justice.
Benjamin N Cardozo observed that “concepts are
useful and indeed indispensable as their value is deeply
imbedded in our law and legal philosophy.”
 LAW AND HABITS
Meaning of habits
According to the black’s law
dictionary: A habit is said to be a disposition or
condition of the body or mind acquired by customs of the
same act or function. It can also be said to be settled or
regular tendency or practice, especially one that is hard
to give up.
THE DIFFERENCES BETWEEN LAW AND
HABITS
HABITS LAW
1.The usual condition or In general, a rule of being
state of a person or thing or conduct established by
either natural or acquired authority able to enforce its
will
2.The general appearance In morals the will of god as
and manner of life of a the rule for disposition and
living organism conduct of all responsible
beings towards him and
towards each other.
3. Fixed or established An organic role as a
customs ordinary course of constitution or chatter
conduct practices, usage. A establishing and defining
habit is a second way of the condition of the
acting or a characteristic existence of the state or
form of behavior. organized community.
LAW AND CUSTOMS.

Meaning of customs.
Customs can be defined as established practices and
traditions within a society that have developed overtime
and time and open considered a form of informal or
unwritten law.
RELATIONSHIP IN BETWEEN LAW AND
CUSTOMS.

1. Influence; Customary practices can

influence the development of formal legal
system. Many legal principles have their roots in
long standing customs.
2. Integration; Some legal systems
incorporate customs into their laws, recognizing
their as a source of legitimacy.
3. Conflict; As forms, customs and formal
law can become into conflict. When this
happens, legal system must decide which should
take procedures.
DIFFERENCES OF LAW AND
CUSTOMS.
 LAW CUSTOMS
Legal systems are Are formed in written
formal, codified set of practices and traditions
rules and regulations that develop within a
created and enforced society over time. They
by a government of don’t work on
governing body. Laws government authority
are written, published , but instead are upheld
and often enforced by by community.
a designated authority.
Enforceability; law are Customs are typically
enforceable through enforced through
the legal system which social norms and
indicates courts, law expectations
enforcement and compliance may result
penalties for non in social consequences
compliance. but not legal penalties.
Formality; law are Customs are informed
formal written and and may be from one
often detailed with community or culture
specific procedures and to another. They are
legal system. often based on shared
traditions.

LAW AND JUSTICES.

The concept of law has always been associated
with the concepts of justice as it is regarded that
 goal of the law is to strive for justice. Law must
assimilated to justice and law without justice is a
mockery. Therefore it is contraction the
relationship between law and justice is intricate
and highly interconnected. While the two
concepts are closely linked they are distinct in
nature.
According to Black law Dictionary;
Justice can be defined as protecting rights and
punishing wrong using fairness. It is possible to
have unjust laws, even with fair and proper
administration of the law of the land as a way
for all legal system to uphold this ideal.

The notion of justice is based on the fundamental

equality of all men. Since all humans are fundamentally
equal, they should be treated as equals before the law.
For example, under normal circumstances if two people
are found equally guilty of committing the same offense
they should be given equal punishment. What I mean is if
one of them is sentenced to four years in prison while
the other was sentenced to just two years in prison, then
there would be no justice in such judgment. What this
presupposes is that all humans are fundamentally equal
and therefore should be treated equally. This is the Basis
of justice.
 The fact that the law aims at promoting
justice is the reason why a man cannot do
wrong to his fellow man and not receive a
penalty. This serves as a deterrent to other
members of the society as well Therefore, the
purpose of law is to do justice, and it is a means
towards the attainment of justice.
Justice seeks to balance the conflicting or
competing interests of people in a society.

There are two main types of justice:

(1) Formal justice.
(2) Substantive justice.

EXPLAINATION

1. FORMAL
JUSTICE;
This is when the law is applied strictly and
mechanically by the court. In this case, the judge
will interpret the law as it is, without regard or
recourse to any external factors or influence
(how he feels or what he thinks). In Basic terms,
it is the strict application of the law by a judge
without any fair or favour. One of the
arguments in favour of formal justice is that it
does not see anything wrong with the law as it is
and as such can be applied the way it is without
fear or favour. Proponents of this type of justice
also posit that it promotes clarity and certainty
of the law, since everyone will know what the
law is and follow it as it is without allowing
external considerations to affect the
interpretation or application.
Key characteristics of formal
justice include:
1. Impartiality: Legal procedures are
applied without bias, ensuring that all
parties involved are treated equitably.
2. Consistency: Decisions and judgments
are made consistently, following
established legal principles and precedents.
3. Transparency: Legal processes are
open and transparent, allowing parties to
understand and participate in the
proceedings.
Rule of Law: Decisions are based on existing
laws and regulations, emphasizing the
importance of a legal framework in maintaining
order and justice.
Formal justice is a fundamental aspect of many
legal systems and is essential for building public
trust in the legal process. It provides a
 structured and systematic approach to resolving
disputes and upholding the principles of fairness
and equality.

(2) Substantive justice: This is when the

court adopts a more liberal approach to the
application of the law. Here, the judge will
consider some external factors especially if the
strict application of the law will lead to manifest
hardship. Substantive is applied when strict
application of the law will lead to hardship or
injustice. The judge is given wide discretionary
powers and can temper justice with mercy.
Substantive justice aims to ensure that the laws
themselves are fair, equitable, and just in their
impact on individuals and society.
Key aspect of substantive justice includes:
•Fair Laws: It emphasizes the importance of
having laws that are inherently just and fair,
addressing the substance of legal rules rather
than just their application
•Equitable Outcomes: Substantive justice seeks
outcomes that are morally right and balanced, taking into
consideration the broader societal implications.
 Corrective Measures: In cases where laws or
outcomes are deemed unfair, substantive justice
 may involve efforts to correct or reform laws to
better align with ethical and moral standards.
•Focus on Results: While formal justice is
concerned with proper legal procedures, substantive
justice is concerned with achieving just and fair results in
legal matter
In essence, substantive justice complements formal
justice by emphasizing the importance of having just laws
and regulations, ensuring that the legal system's
outcomes align with fundamental principles of fairness
and morality.

PHILOMATH UNIVERSITY
LAW DEPARTMENT
COURSE CODE: L101
COURSE TITTLE: LEGAL METHOD
TOPIC; LAW AND OTHER RELATED
CONCEPTS.
GROUP MEMBERS

1. ASMAU DAUDA-U23LW1010
2. BILQUEES ABDULRAHMAN-U23LW1011
3. IGWE LAURATTA-U23LW1006
4. PETER JOLAYEMI.O-U23LW1017
5. INDIANA BASSEY-U23LW1005