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Introduction to Law

Law and Society

The evolution of human society Relationship between Law and Human Society

Definition of Law
Law in its legal sense means those rules and principles that govern and regulate social conduct and the observance of which can be enforced in courts It operates to regulate the actions of persons in respect to one another and in respect of the entire social group or society
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Public Law
The law which concerns the public or society as a whole and handles conflicts between the individual and the state are known as Public Law. Public Law can be divided into three classes: Constitution Law Administrative Law Criminal Law
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Private Law
Private Law pertains to individuals. It handles conflicts between individual persons. It is separated into many special fields such as: Law of contract Law of Agency Law of sale of goods Law of negotiable instruments, etc. etc.
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Sources of Law
Two types: God given law (Islamic Law) Man made Law

Sources of Islamic Law


The Holy Quran Hadith and Sunnah Ijmaa Qayas

Sources of Man Made Law


1. Statute Law
Primary legislation Delegated legislation

2. Judicial Precedence 3. The Common Law

Primary Legislation
Parliament a. National Assembly b. Provincial Assemblies c. Senate d. President

Delegated Legislation
Detailed rules and regulations and procedures framed by the authorised institutions for day to working, remaining under the overall ambit of the primary legislation.

Judicial Precedence
Previous decisions of superior courts in cases of similar nature

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The Common Law


Consists of the principles based on immemorial customs, and enforced by the courts. It is traditionally unwritten law having force of public opinion and widely accepted by the society. It can be found in volumes of reported cases and is common to the whole realm

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Difference between Act and Ordinance


What is an Act? Procedure for passing an Act. What is an Ordinance?

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Three Pillars of State


Legislature Judiciary Executive

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Legislature
The pillar of the state that makes the law. It includes the following: a. The National Assembly b. The Provincial Assembly c. The Senate d. The President

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Judiciary
The pillar of the state that interprets the law and gives awards (decisions) and sentences as per law. This includes law courts, magistrates and judges

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Executive
The pillar of the state that enforces and implements the law. This includes the police and other law enforcing authorities

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