INTRODUCTION TO LAW

Law defined
In a legal sense, the word law is derived from the Nordic or Scandinavian word "lagu'" meaning lay
or lain. A law therefore is a thing laid down or commanded.

The law affects all the aspects of an individual from the ‘cradle to the grave’. It also influences an
individual’s life from conception (e.g., The Termination of Pregnancy Act 1972) to beyond the grave
(e.g., The Intestate Succession Act Cap 1989).

The law, as made by man, is a body of rules regulating the conduct of individuals in a given society.

Therefore, the basic function of law is to set out circumstances in which a person may be required to
answer for his/her actions or inactions.

Munalula defines law as ‘a system of rules, a set of rules recognized as commanding or forbidding
certain actions which are intended to regulate the conduct of all persons within a particular state and
are enforceable by the courts of that state.’

Legal laws should be distinguished from

I. Moral laws which vary with the changing values of society;

Even though there is oft a connecting link in the application of law with morality. We could
safely say that morality covers a wider scope in society than the law and hence supplement
each other. In law for instance, a person is not under an obligation to rescue a drowning man
except where there is a special relationship of parent and child, whereas, morality demands
such an act to be done. Moral standards in a society have always influenced law. Law and
morality are linked as they both seek to maintain social order. Therefore, whilst morals are a
societal standard that serve as guidelines for human behaviour in a given society, the law
aims to establish an orderly society which is free and fair to all members. It is because of this
connection between law and morality that a member of society is morally bound to abide by
the positive rules of society. Since law is concerned only with the acts or omissions of an
individual, it is therefore only the morally apprehensible acts or omissions which will attract
legal sanctions.
 II. Social laws which are imposed by the group, club or society with which the individual has an
affinity; and

III. Laws of Nature which are not subject to variation.

Law in general may be defined as a collection of rules by which we seek to regulate our daily
activities, our personal contacts and our attitudes towards property whilst law in particular is a
rule of special character, an order capable of enforcement and which imposes a penalty for its breach;

Some ideas of law

Greek - There is a kind of perfect justice given to Man by Nature and the laws of Man should conform
to this as closely as possible.

German - Savigny's people's law (Volksrecht) - It is the spirit, in all individuals, of a people living
and working in common, which gives birth to positive law

English - John Austin's conception of law was a command issued by a superior (the State) to an
inferior (the individual) and enforced by punishment or sanction.

Salmond in his "Jurisprudence" defined law as the body of principles recognised and applied by the
State in the administration of justice.

American - Roscoe Pound in "Social Control through Law" laid down Jural Postulates, stating the
duties and expectations of man in civilised society - a general statement of welfare law – in particular
the claim of the job--holder for security in his job and the risk of misfortune to individuals to be
borne by society as a whole.

A case in law begins when someone is injured or about to be injured. In a Civilized society the Victim’s
primary means of self-defense is the law; it is the best way to keep potential transgressors from
Violating accepted principles of fair play. The law imposes upon us various duties that restrict
behavior—often in rather specific ways. When we fail to conform to these restrictions without a good
excuse, we are considered “in breach.” Anyone injured as a result is entitled to relief, usually in the
form of money (damages); a prohibition of similar injurious acts in the future; or an order directing
the defendant to carry out a specific act.
 BUILDING BLOCKS OF THE LAW
Legally enforceable duties derive from eight major areas of jurisprudence:

CONTRACTS COMMON LAW

WARRANTIES STATUTES

TORTS CONSTITUTIONAL LAW

CRIMINAL LAW EQUITY

Common law, statutes, equity, and constitutional law are foundations from which the laws governing
contracts, torts, warranties, and criminal law are derived. Here are nutshell definitions of the areas
mentioned:

Contracts—two or more parties agree to perform according to specific terms and conditions.

Warranties—the guarantees included with a purchased product or service.

Torts—personal injuries wrongfully caused by others.

Equity—the application of fairness when the “black—letter” law is not otherwise on your side.

Common Law—law developed independently by judges over a long period of time, Where the
legislature has not already passed a controlling statute.

Statutes—laws enacted by state legislatures.

Constitutional Law—Whatever the Constitution says.

Criminal Law—a mixture of statutory, common, and constitutional law defining criminal activity.

Other branches of the law—property, estates and trusts, domestic relations, admiralty and so on—
are in turn built upon those areas noted above. For example, property law combines the common
law, statutes, equity, and constitutional law, as well as the law of contracts, warranties, and torts.
 CLASSIFICATION OF LAW

LAW

NATIONAL INTERNATIONAL

INTERNATIONAL INTERNATIONAL
PUBLIC LAW PRIVATE/CIVIL LAW
PUBLIC LAW PRIVATE LAW

CONSTITUTIONAL ADMINISTRATIVE CRIMINAL TORT CONTRACT TRUSTS FAMILY

INTERNATIONAL LAW
International law may be described as a body of rules that determine how sovereign States
conduct themselves towards each other and towards each other’s subjects. International law
includes both public and private international law. Public international law deals with
relations between nations whilst private international law deals with individual disputes
beyond national jurisdictional limits.
NATIONAL LAW

This is the law which is concerned with the relationship between the state and its citizens, such as:

i. CONSTITUTIONAL LAW

Constitutional law is concerned with the workings of the State’s constitution, the composition and
procedures of Parliament, citizenship and human rights.

ii. ADMINISTRATIVE LAW

Administrative law deals with the complaints of individuals against the decisions of government
administrators which should be within the legal bounds, e.g., Judicial Review.
iii. CRIMINAL LAW

Criminal law deals with certain kinds of wrongs which pose a serious threat to society and which
action is considered as an offence against the state. Criminal law forbids certain forms of wrongful
conduct and anyone found liable is subject to punishment.
Example, assault of an individual. Available punishment includes fines, imprisonment or
community orders.

PRIVATE LAW

Private law is concerned with the rights and duties of individuals towards each other for the good
order of society.

The aggrieved party (Plaintiff ) begins the legal process against a party they are aggrieved against
(Defendant). The purposes for such an action is to remedy the wrong suffered by the aggrieved
individual, e.g. motor vehicle accident / personal injury claim. The remedy is normally
compensation.

CIVIL LIABILITY

Civil liability is concerned with the rights and duties which arise between private individuals with
a view of compensation of the injured party.

(i) CONTRACTUAL LIABILITY

This arises where there is a legally enforceable agreement between two or more parties and one of
the parties breaks any contractual promises.

(ii) TORTIOUS LIABILITY

A tort is a breach of a duty imposed on a party. It seeks to compensate a party against the harmful
conduct of another or prevent a party from causing harm.

Examples:

a) Negligence

b) Nuisance

c) Trespass

d) Defamation (libel and slander)

e) Conversion