NATURE AND

CLASSIFICATION OF
LAW
NATURE OF LAW
• Every society, whether large or small, powerful or weak, has
created for itself a framework of principles within which to
develop
• Law gives effect to the standards of conduct in society and
binds the members of community together in adherence to
the recognized values and standards.
JURISPRUDENCE
• This is the study of law
TERM LAW HAS NO ASSIGNED
MEANING
• Laws of physical sciences e.g. the law of gravity,
• Social sciences laws e.g. the economics law of demand
and supply,
• Laws of morality (moral laws) e.g. respect for the
elderly,
• Laws of religion e.g. the 10 commandments,
• State Law i.e. Law made by the machinery of
DEFINATION OF LAW

•Salmond defines law as ‘A body of principles recognized and

applied by the state in the administration of justice.
•Woodrow Wilson has defined Law as “That portion of
established thoughts and habits which have gained distinct
and formal recognition in the shape of uniform laws backed by
authority of and power government.
NOTABLE PIONTS IN DEFINATION OF LAW.
 A set of rules
 Guidance of human conduct
 Such rules are binding and compulsory
 They must be applicable to a certain/ specific persons or community or a sovereign state
 Are dynamic i.e. law is not a static phenomenon, the rules of law keep on changing from
time to time as the needs of the society may arise.
 Are made and enforced by the machinery of Government
 Their breach results into legal punishment by government (LEGAL REMEDIES)
 They are codified i.e. the laws of Kenya are in writing except customary law.
FUNCTIONS OF LAW
• Rules of law facilitate administration of Justice. It is an instrument used by human
beings to achieve justice.
• Law assists in the maintenance of peace and order. Law promotes peace and order
to avoid anarchy.
• Law promotes good governance
• Law is a standard setting and control mechanism
• Provision of legal remedies.
• Protection of fundamental rights, freedoms and duties.
• To regulate business and social transactions in the society.
TYPES AND CLASSIFICATION OF
LAW
• Rules of Law may be classified as:
Written and Unwritten
National and International
Public and Private
Criminal and Civil
Substantive and Procedural law
MATTERS COVERED UNDER INTERNATIONAL LAW
INCLUDE:

• Treaties (agreement among states)

• Convention (general customs)
• International Trade
• Recognition of new states
• Admiralty matters
• Border conflicts
• Economic crimes
• Crimes against humanity including genocide, piracy, international
terrorism
 Difference between criminal and civil law
Criminal Law Civil Law
 
1.Wrong committed against the state 1. Wrong committed against an individual
 
2.Parties are the prosecution and the accused 2.Parties are the plaintiff and defendant
 
3.Since a crime is a public wrong, the action cannot be 3.This being a private wrong, the parties are free
compromised by the parties to compromise an action and the plaintiff may
agree to have an out of court settlement with the
defendant
4. The burden of proof is beyond reasonable doubt. Any slight 4.The burden of proof is on a balance of
doubt must be resolved in favour of the accused probabilities i.e. it is more probable than not that
the plaintiff’s case merits success compared to
that of the defendant
5.Punishment is usually by imprisonment or fine or death penalty 5.A defendant who has committed a civil wrong is
in the case of capital punishment usually ordered to pay the plaintiff damages i.e.
READING ASSIGNMENT
• DISCUSS THE SIMILARITIES BETWEEN MORALITY AND LAW

• IN REF TO THE CONSTITUTION OF KENYA 2010 DISUSS THE ROLES

AND POWERS OF , LEGISTLATURE ,EXECUTIVE AND THE JUDICIARY.
CHAPTER 8,9 AND 10 RESPECTIVELY
LAW AND MORALITY
LAW AND MORALITY
LAW MORALITY

1. These are rules made and enforced by the machinery of 1. The rules made by man concerning the preferred upright

government. behaviour in human activity

1. concerns the outward action of man and rarely touches his 2. Concerns both outward action of man and internal motives.

internal motives.

1. Definite and precise and in most cases appears in written form. 3. Vague and indefinite.

1. Uniform and applies to large area within the state. 4 Irregular and differs from community to community.

1. Force and the fear of punishment are the main reasons for 5.Conscience is the main reason for being morally upright

obedience of law.

1. Changes faster since it must consistently adapt to social- 6. Does not change frequently and many moral rules have been in

economic political changes. existence for a long period of time?