Professional Documents
Culture Documents
LAW
Business
Milky Way Universe Stars Looking
?????
• WHAT IS LAW?
• MEANING?
• DEFINITION?
• PURPOSE?
• ROLE?
WHY STUDY LAW
• Overwhelmed!...so different from studying accounts,
marketing, economics, IT or HR.
APPROACH:
• Learning relevant legal terminology
• Framework of particular area of law i.e. relevant legislation
• Application of daily life examples.
MISCONCEPTION:
• Studying law is dull….merely a matter of memorising and
reproducing
WHY STUDY LAW?
• Obvious! Course Requirement.
• Study of law improves powers of reasoning, clarity of
thought and the ability to analyze and express
complicated ideas.
• A greater appreciation of the workings of the system and
the parts that ensure it’s functioning.
• Law forms the foundation on which any civilized society
is based. Nature has its own laws. So does society.
• Law effects all aspects of life and society and is the
mechanism for change employed by governments across
the globe.From the protection of life and liberty, through
corporate law to international relations, the law is the
central stage.
WHY STUDY LAW?
Contd.
Law is of interest to all persons, not just to lawyers. Those entering the
world of business will find themselves subject to numerous laws and
government regulations. A basic knowledge of these laws and regulations is
beneficial—if not essential—to anyone contemplating a successful career in
the business world of today.
CONTD….
• Legal education..not exclusively for entering into legal profession. Not to teach to
be lawyers BUT….
• Key legal topics
• How law works and effects business operations
• Will assist future business people with decision making, ethics
• Develop an awareness when legal advice is needed
• Importance foundation knowledge important…know how the law effects
business.
NOT:
• Think like a lawyer
• Adopt a critical legal analysis approach
VARIOUS MEANINGS AND
DEFINITIONS
• One view is that it is not capable of definition
• But this cannot be the answer nor solve the problem
• The confusion in defining law arises out of the different
purposes to be achieved e.g.:
• Law has been defined by various individuals from different
points of view
• Various schools of law define it from different angles:
- basis of nature
- on source
- terms of effect on society
- end or purpose of law
MEANINGS AND DEFINITIONS—
Contd.
A universal and uniform definition is difficult. The evolution
of society is of a dynamic nature and hence the difficulty in
accepting a definition by all. One reason in defining law is the
different types of purpose sought to be achieved:
• ARISTOTLE (384-322 B.C.) ‘a pledge that citizens of a state will do justice to one
another’
• PLATO ( 427-347 B.C.) believed that law was a form of social control.
• SIR WILLIAM BLACKSTONE (1723-1780) ‘ a rule of civil conduct prescribed by
the supreme power in a state, commanding what is right, and prohibiting what
is wrong’
MEANINGS AND DEFINITIONS: Contd.
• Generally and the most commonly accepted definition is
“ A rule of action to which men are obliged to make their
conduct comfortable”
• “Law is the command of the sovereign. It imposes a duty
and is backed by a sanction. Command, duty and
sanction are three elements of law”
All these definitions vary but all are based on: law
consists of enforceable rules governing relationships
among individuals and between individuals and their
society.
LAW MAKING:PROCESS
• Bill----Proposal
• Committees of the House
• Approval by the Legislature
• Assent by the President.
1. Rigidity.
2. Conservative
3. Formalism
4. Complex.
JURISPRUDENCE
• Philosophy of law. Study and theory of law.
Different philosophies how law has developed:
Natural Law: The law is based on what is morally correct and
ethical.
Historical: The law consists of social traditions and customs.
Analytical: The law is shaped by logic
Sociological: The law provides a way to advance certain goals
in the best interests of society.
Command: The law is the set of rules created and enforced by
the governing party.
Critical Legal Studies: Legal rules are unnecessary and legal
disputes should be solved by using rules based on fairness.
Law and Economics: Promoting market efficiency should be
the key concern of the law.
JURISPRUDENCE...Contd.
Human Behaviour....dominating, historically,
chronogically:
Religion: concept of justice and equality for all. Defined all matters of life
and the correct way of handling them. Laid authority to a supreme power
not known to man. Beginning of moral code. Basis for all civil and criminal
law. On which morals and international law stands today.
LEGAL HISTORY
HANDOUT
NATURE OF LAW
HANDOUT
PAKISTAN...LEGAL HISTORY
HANDOUT
COMMON LAW
• Before the Norman Conquest in 1066 each locality in
England was subject to local laws established by the local
ruling Lord or chieftain.
• William the Conqueror and his successors began to
replace the local laws with one uniform system of law.
• English Common Law was developed over centuries by
judges appointed by the monarch, who delivered their
opinions when deciding cases brought before court.
• The emphasis of law at that time was legal procedure
over the merit of case.
• Monetary compensation (damages) was the only remedy
available
COMMON LAW...Contd.
• To mitigate limited remedies available and unfair
judgments, under the authority of Lord Chancellor, Court
of Chancery (equity) were established.
• Appeals lay before these courts against the decisions of
Kings Courts.
• The Courts of Chancery would grant appropriate
remedy.
• These remedies were known as equitable
remedies...designed to deal with particular fact situations.
• Equitable remedies took precedence over the decisions of
the Kings Courts.
• In the 19th century a law passed by the Parliament merged
the two court systems.
ADMINISTRATION
OF JUSTICE
WHAT IS JUSTICE?
The quality of being just; propriety; correctness; justness;
rightfulness; vindication of right; merited reward or punishment
The act of rendering what is right and equitable towards one
who has suffered a wrong.
• The Lahore High Court and the Sindh Chief Court continued
to function.
• The constitutions of 1956, 1962 & 1973 did not drastically alter
the judicial structure or the powers
and jurisdiction of the superior courts.
Cont’d
• Only, the Federal Court was renamed as the Supreme Court
by the 1956 constitution.
FEATURES
LITIGATION
• In the famous case of Al-Jehad Trust The Supreme Court clarified the
procedure and qualification for appointment of judges to the
Supreme and High Courts and their Chief Justices
Cont’d
• The Chief Justice recommended a panel to the President who
would select from the said panel a suitable judge.