INTRODUCTION TO LAW

WHAT IS LAW?
 DEFINITION OF LAW
• No definite definition to the word law
• A great diversity among the western scholars
– Sir John Austin: Law is a commands set by a
sovereign or superior being to an inferior being and
forced by sanctions.

– Professor Hartz: Law is a necessary tool to regulate

and protect the collective interests of the society.

– Karl Max: Law was an instrument used by the

wealthy class to dominate and exploit the weaker and
labouring class.
• Generally law can be described as a set of
rules, developed over a long period of time
that regulates interactions that people have
with each other, and which sets standards of
conduct between individuals and the
government and which is enforceable through
sanction.
 3 MAIN POINTS ON THE DEFINITION
OF LAW
1. a set of rules
2. regulates interactions between
people/parties
3. enforceable through sanction.
 Article 160(2) of the Federal
Constitution
“law” includes:
1. Written Law
2. common law that is in operation in the
federation or any part thereof
3. any custom or usage having the force of law
in the federation or in any part thereof
 CLASSIFICATION OF LAW
• Law has been classified in various ways.

• The four main divisions are as follow:

Criminal law & Civil Law
Municipal Law & International Law
Public Law & Private Law
Substantive Law & Procedural Law
CRIMINAL LAW
- Offences against the state
- The criminal offender is prosecuted by the Public
Prosecutor.
- Punishments: Fine, death sentence, whipping,
imprisonment.
- PP v defendant

CIVIL LAW
- It concerned with the right and duties of individuals
towards each other.
- Plaintiff / Claimant v Defendant
- Remedy: Damages, injunction, rectification, specific
performance.
MUNICIPAL LAW
- Also known as domestic law
- It refers to the set of laws applied within a nation
state.
- Set of laws applied within a nation state
- Different in each country

INTERNATIONAL LAW
- Body of law which is composed for its greater part
of the principles and rules of conduct which states
feel themselves bound to observe, and
consequently commonly do observe, in their
relation with each other.
PUBLIC LAW
• Law which governs the relationship between
individuals and the state.

PRIVATE LAW
• It concerned with matters that affect the rights
and duties of individuals amongst themselves.
• It is intended to give compensation to person
injured, to enable property to be recovered from
wrongdoers, and to enforce obligations.
SUBSTANTIVE LAW
- Deals with rights, duties, liberties, power and
all other matters that are not matters purely
on practice and procedure.
- It is the law that governs our daily practices
and conduct.

PROCEDURAL LAW
It relates to the enforcements of rights and
duties.
 NEED FOR THE KNOWLEDGE OF LAW

“Ignorantia juris not excusat “

Hence
Merchantile Law