FOUNDATIONS OF LAW

PUSAT ASASI UiTM

CAWANGAN SELANGOR, KAMPUS DENGKIL

LESSON PLAN: JAN – JUNE 2022

COURSE : INTRODUCTION TO LEGAL THEORIES – LAW034

LECTURER : CARTAZ UMMU SYAWAEDA BT JAIMAN

(Email: cartaz@uitm.edu.my, Phone No. : 03-8924 5491)

COURSE OUTCOMES

At the end of this module, students must be able to:

1. Illustrate an understanding of the various legal theories/schools of thought. (LOD 1,

C2).
2. Demonstrate values, ethics and professionalism in discussing and analysing legal
issues involving the society. (LOD 4, A3).
3. Analyzing the basic principles of law, morality, freedom, justice and equality to
various legal issues concerning the society and propose possible solutions. (LOD 6,
C4)

COURSE DESCRIPTION

An introductory course meant to prepare students intending to pursue a law degree. The
course encompasses introduction to the nature of law, philosophical and theoretical
studies, and fundamental concept of justice, equality, morality and freedom. This course
emphasizes on the jurisprudential and theoretical part in law and to prepare the students
to understand the application of these into real life scenario which will developed
students’ analytical thinking and professionalism. This is done through group social
project where students are expected to report their finding through oral and written
submission.

LESSON PLAN

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WEEK NO. TOPICS LEARNING OUTCOMES

Introduction
 Lesson Plan, Evaluation The student must be able to:

Chapter 1: What is Law? Describe basic knowledge
 Definition of law  of law;
WEEK 1 - Concept of Law Explain academic and
- Pervasiveness of law critical thinking pertaining
(17/01/2022 - Functions of law to pervasiveness of law
– and truism about human
 Perspective of law  nature;
21/01/2022) - Law as cultural expression Apply issues and problems
- Law as an instrument of pertaining to the paradox
government of law in society.
- Law as a legal system
- Law as divine revelation

(continue) The student must be able to:

WEEK 2
Chapter 1: What is Law?  Demonstrate the basic
(24/0/2022 knowledge on the
 Obligation to Obey the Law obligation to obey the law.
–
- Legal duty
28/01/2022) - Moral duty
- Benefits and convenience
- General habit of obedience

Chapter 2: Law as Rules The student must be able to:

WEEK 3  Definition and characteristics  Demonstrate basic

of rules. knowledge on the concept
(31/01/2022
 Different types of rules: of rule, regulation
– school rules, etiquette, sports  Identify issues and problem
rules and family rules pertaining to the
04/02/2022)
weaknesses of social value
as a form of social control
in society.

(continue) The student must be able to:

WEEK 4
(07/02/2022 Chapter 2: Law as Rules  Apply academic and critical
thinking pertaining to why
–
 Why we obey rules we obey legal rule,
11/02/2022) - Truism about human techniques of social control
nature  Identify issues and problem
- Law as social control pertaining to the
 Distinction between legal rules weaknesses of social value
and social rules as a form of social control

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 in society.
 Apply basic knowledge of
characteristics and
significance of rules in life.

Chapter 3: Theories of Law The student must be able to:

 Definition of theory  Demonstrate basic

(i) Natural Law knowledge of types and
WEEK 5
- Definition significance of theories of
(14/02/2022 - Features and main law;
proponents  Apply academic and critical
–
- Contribution and thinking pertaining to
18/02/2022) criticism differences between
naturalist, positivist and
(ii) Positivism sociological schools of
- Definition thought.
- Features and main
proponents
- Contribution and
criticism

(continue) The student must be able to:

Chapter 3: Theories of Law  Identify issue and problem

WEEK 6 (iii) Sociological pertaining to contributions
(21/02/2022 - Definition of naturalist, positivist and
- Features and main sociological school of
– proponents thought to society.
25/02/2022) - Contribution and
criticism

 Influence of natural law,

positivism and sociological
school of thought on modern
society.

Chapter 4: Law and Morality The student must be able to:

WEEK 7
 Definition of morality
(28/02/2022  Sources of morality  Explain basic knowledge of
- Religious morality;
–
- Morality and nature  Apply academic and critical
04/03/2022) - Individual thinking pertaining to
- Social morality characteristics and ideas on
morality.
 Standard of morality
- Popular or positive
morality
- Utilitarianism
- Critical Morality
- Divine

 Relationship between law and

morality
- Similarities and

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 differences
- Morality as an element
of a valid law

MID SEMESTER TEST WEEK

(07/03/2022 – 11/03/2022)

MID SEMESTER BREAK WEEK

(12/03/2022 – 20/03/2022)

(continue) The student must be able to:

Chapter 4: Law and Morality  Apply academic and critical

WEEK 8  Duty to obey immoral law thinking pertaining to
- Positivist various views and
(21/03/2022 - Naturalist relationship between law
– and morality;
 Enforcement of morality  Identify contemporary
25/03/2022) - Legalising morality issues and problem
- Legal moralism pertaining to immoral law
- Legal paternalism and enforcement of moral
values in society.
 Contemporary moral and legal
issues

Chapter 5: Law and Justice The student must be able to:

 Definition of justice
WEEK 9  Classification of justice  Describe basic knowledge
- Roscoe Pound of the general idea behind
(28/03/2022
- Aristotle principle of justice.
–  Natural Justice  Apply the basic knowledge
- Nemo judex in causa of general idea behind
01/04/2022)
sua social and natural justice.
- Audi alteram partem

(continue) The student must be able to:

Chapter 5: Law and Justice  Apply academic and critical

WEEK 10  Purposes and aim justice thinking pertaining to
- Justice as equality characteristics, ideas,
(04/04/2022
- Justice as deserts purposes and division of
– - Justice as moral/natural justice;
entitlement  Demonstrate basic
08/04/2022)
 Relationship between law and relationship between law
justice and justice;
 Contemporary issues on  Apply issues and problem
Justice pertaining justice in
society.

Chapter 6: Law and Equality The student must be able to:

 Definition of Equality
WEEK 11  Equality before the law  Describe basic knowledge

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(11/04/2022 - Universal Declaration
Human Rights 1948
– - Federal Constitution
15/04/2022) - Types of equality
 Formal equality
- Substantive Equality
 Concept of discrimination
of of equality and equality
before the law
 Identify issue and problems
pertaining to the presence
of discriminatory practice
in society.

(continue) The student must be able to:

WEEK 12 Chapter 6: Law and Equality  Apply issues and problems

 Forms of discrimination pertaining to equality in
(18/04/2022
- Direct and Indirect Malaysia.
– - Positive and Negative
 Contemporary issues on
22/04/2022)
equality

Chapter 7: Law and Freedom The student must be able to:

 Definition of freedom
 Types of freedom  Describe basic knowledge
- Physical freedom of liberty, freedom and its
WEEK 13 - Spiritual freedom type.
- National freedom  Apply academic and critical
(25/04/2022
- Political Freedom thinking pertaining to the
–  Limitation of freedom and its limitation of freedom, and
factors relationship between law
29/04/2022)
- Condition of living in and freedom.
society
- Mandate given to the
government
- Communitarian value and
practice

SPECIAL BREAK (EID FITRI)

(30/04/2022 – 08/05/2022)

(continue)

WEEK 14 Chapter 7: Law and Freedom The student must be able to:
 Protection of freedom
(09/05/2022 - Human rights Explain and demonstrate
– - Rule of law  basic knowledge of human
- Social contract rights.
13/05/2022) - Fundamental liberties Apply issues and problems
 Contemporary issues on pertaining to freedom in
freedom Malaysia.

 REVISION

REVISION WEEK

(14/05/2022 -17/05/2022)

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Important Dates

* Mid-semester test : 07 – 11 March 2022 (1 week)

* Mid-term break : 12 – 20 March 2022 (1 week)
* Revision period : 14 – 17 March 2022 (1 week)
* Final Assessment : 18 May - 09 June 2022

ASSESSMENT

a. Individual Test (Mid-term test) : 20 %

b. Group Presentation
c. Group Written Assignment 20 %

20 %

d. Final Assessment (Individual) : 40 %

Total : 100 %

RECOMMENDED TEXTS

Haswira Nor Mohd Hashim, Anida Mahmood. (2009) Law, Morality, Justice,
Freedom and Equality: The Underlying Concepts. McGrawHill.

Joel Feinberg, Jules Coleman, Christopher Kutz. (2013) Philosophy of Law. Wadsworth
Publishing Company.

James Penner, Emmanuel Melissaris, (2013) McCoubrey & White's Textbook on

Jurisprudence. Oxford University Press

Steven Vago, Steven E. Barkan (2017) Law and Society. Routledge.

Hari Chand (1994) Modern Jurisprudence. International Law Book Services.

Shad Saleem Faruqi. (2008). Document of Destiny: The Constitution of Federation of

Malaysia. The Star Publications.

Freeman, M.D.A., (2008) Lloyd's Introduction to Jurisprudence (8th edn) London:

Sweet & Maxwell.

Mohd Akram. (2004). Pengenalan Prinsip Jurisprudens. ILBS.

Badariah Sahamid. (2005). Jurisprudens dan Teori Undang-undang Dalam Konteks

Malaysia. Thomson Sweet Maxwell.

Mary Collins. (2000). As Level Law, Cavendish Publishing.

J.W. Harris. (1997). Legal Philosophies, Butterworths

Anwarul Yaqin. (1996). Law and Society in Malaysia. ILBS.

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