Download as pptx, pdf, or txt
Download as pptx, pdf, or txt
You are on page 1of 5

Study Cards

Definition

of Law

Law is the extensive body of rules designed to regulate the conduct of persons within a state.
Concepts

of Law

Concepts of Law are essentially the different theories of law. These theories/ideologies influences the legal system or legal frame work of a state. There are 2 concepts and the are natural law and positive law. Legal theorists can thus be divided into two schools of thought, those who adhere to positivism and others who subscribe to the natural law theory..

The natural law theorists believe that rules or principles can only legitimately be called law if they conform to an acceptable code of moral behaviour. The proponents of the natural law school of thought include St. Thomas Aquinas (1942), and Fuller(1969). Natural law theorist hold that in order for man-made law to be valid it must accord with the higher law (God given law). St. Thomas Aquinas classified laws without moral content as a perversion of law. This view is frequently summarized by the maxim: An unjust law is not a true law. Greek Philosophers such as Cicero considered man-made laws to be inferior to the laws of nature. He (Cicero) said that true law is right reason in agreement with nature . The law cannot divorce itself from these moral values. The belief that law should reflect morality has spurned some interesting cases. In Shaw v DPP 1962, for example, the House of Lords upheld a conviction of the offence of a conspiracy to corrupt the publics morals when the defendant published a pornographic book.

The

positivists, like Hart and Austin, merely attempt to define what law is, not what it should be, or its content. Positivist emphasize the separation of law and morality. According to legal positivist all law is man-made. Natural theorist believe that if a law is not moral then it should not be obeyed, Positivist hold that until a duly enacted legislation is changed, it remains law and should be obeyed even if it is unjust or repressive.

English

Perspective

You might also like