MTC 012

Introduction to Law I

TOPIC 2 :
LEGAL CONCEPTS - LAW AS
RULE

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 Topic 2: LAW AS RULE

2.1 Definition of rules

2.2 Characteristics of rules
2.3 Different types of rules
2.4 Why do we obey rules
2.5 Law as a system of rules

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2.1 Definition of rule

Twining and Miers define rule as a general

norm guiding conduct or action in a given
type of situation. It is a measure or
standard by which conduct is gauged,
and which may give rise to a consequence
such as a penalty when not complied
with.

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• Law is a legal rules which functions as a
modern day regulatory modes.

• Since rule guides us in what we may, ought

or ought not to do, it is said to be
normative.

• All rules, whether legal, moral or just

customary are normative, laying down
standards of behaviour to which we ought
to conform if the rules affect us.

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• Regulation is a term used interchangeably
with or in addition to the term rule. It
implies an official body empowered to lay
down a code or set or rules.

• Family, schools and colleges, the workplace

and financial bodies - exist within them
operate by way of rules.

• Another useful illustration is that of

sports and games, where not only do the
players need to be aware of the rules, but
also spectators and those vested with
authority to enforce the rules.
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• Rules vs Practices
• Rules have wider meaning in the sense
that they regulate human conduct in
every aspects of life. (General)

• Practices mean the customary or

expected procedure or way of doing
something. (Specific) For e.g. Rules of
High Court and Rules of Subordinate
Courts.

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 2.2 Characteristics of rules:

(1) Rules are imperative

(2) Rules may be written or unwritten
(3) Some rules are expressed in negative and in positive
terms.
(4) Associated with the notion of penalty
(5) Some rules are commands
(6) Most rules have exceptions
(7) Rules guide or lay down standards of behaviour
(8) Rules are normative, in that they prescribe desirable
or undesirable conduct, which is valid, good or lawful.
(9) Rules provide justification for a decision or course of
action and its source can persuade a person to obey.

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2.2.3 Different types of rules
RULES

Legal Religious Ethical Moral Customary

Rules Rules Rules Rules rules

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2.3.1 Legal Rules

• Legal rules exist as part of a system

with machinery for enforcement and
amendment of the rules.

• Police and courts are vested with

legitimate authority to enforce the
law in the case of criminal law and
prosecutions will be brought in the
name of the State.
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2.3.2 Religious rules

• Christians will look to the Bible for

guidance on what is right and what
is wrong. Muslims look to the Holy
Quran, and the Jews to the Torah.

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• 2.3.3  Ethical Rules/Rules of Etiquette

• The word “ethics” is derived from the Greek

word ethos (character) and from the Latin word
mores (customs). Together, they combine to
define how individuals choose to interact with
one another.

• Ethical rules are a branch of morality and

usually regulate the conduct of professional
people such as doctors, lawyers and teachers,
and their dealings with patients, clients and
students.
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2.3.4. Moral Rules

• Individual believes between right and

wrong, differ from one individual to
another e.g. taking care of elderly
parents, manipulating, way of
dressing, throwing rubbish etc.
Morality may be founded in religious
belief.

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2.3.5 Customary Rules

• Customs may be defined as the usual

and generally accepted behaviour
among most people and society.

• It is also known as “adat” among the

Malay’s community. Custom is
community-based characteristics. It
differs from one race to another. It is
passed over from one generation to
another.

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        Fashions

The style considered the best during a period or at a

place. The trend of society in a certain time and area
pertaining to what is the best style of dressing or
hairstyling for a particular age, job, season, occasion
and function
 
        Taboos
Taboo means any expression, word, object or action
that is forbidden because of a religious, superstitious
belief or social reason for strong disapproval.

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2.4           Why we obey rules?

• We need standards and guides to behaviour.

• We need to know what is socially acceptable

and the consequences of participating in
socially unacceptable behaviour.

• To maintain order in a given society

• To regulate conduct, by means of both

criminal and civil law
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• 2.5    Law as a system of rules

• Austin states that the difference lies on the fact

that law is a system of rules of an official nature.

• Law is also a ‘closed’ system, operating under its own

steam, and divorced in important ways from the
wider social context.

• Austin also states that people obey law because of

the ‘habit of obedience’, together with the ever-
present threat of sanctions and this is for Austin the
‘positive character’ of law.

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Hart on the other hand states that
the obedience of law lies in the idea
of some inner psychological inclination
whereby we accept the legitimacy or
authority of the source of law; we
obey because we consider it ‘right and
proper’ to do so.

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