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  • Law 012

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    Anang Agogo
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    The document discusses different perspectives on what law is. It provides definitions from various philosophers and schools of thought. Law can be seen as [1] rules that govern behavior and are enforced through sanctions or force, [2] moral principles of right and wrong, or [3] social norms and expectations. Naturalists see law as rooted in morality while positivists see it as rules created by authorities. Law also serves as [1] a cultural expression, [2] divine revelation from religions, and [3] an instrument of government policy.

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    The document discusses different perspectives on what law is. It provides definitions from various philosophers and schools of thought. Law can be seen as [1] rules that govern behavior and are enforced through sanctions or force, [2] moral principles of right and wrong, or [3] social norms and expectations. Naturalists see law as rooted in morality while positivists see it as rules created by authorities. Law also serves as [1] a cultural expression, [2] divine revelation from religions, and [3] an instrument of government policy.

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    869 views13 pages

    Law 012

    Uploaded by

    Anang Agogo
    The document discusses different perspectives on what law is. It provides definitions from various philosophers and schools of thought. Law can be seen as [1] rules that govern behavior and are enforced through sanctions or force, [2] moral principles of right and wrong, or [3] social norms and expectations. Naturalists see law as rooted in morality while positivists see it as rules created by authorities. Law also serves as [1] a cultural expression, [2] divine revelation from religions, and [3] an instrument of government policy.

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    of 13

    Group 1 Faculty of Law

    Azri Nadiah Fatin Nur Athirah Farah Mursyieda Farra Emira Siti Aisyah Nur Khaleeda

    What is Law?
    There is no single definition of law The term law can only be discovered in the area that one wishes to look in. Law is pervasive as it enters many spheres in our life ; from social, politics, and economics to culture and beliefs.

    Some laws are descriptive they describe how people or natural phenomena normally behave (eg : law of gravity, law of economics, aw of nature) Others are prescriptive they prescribe how people ought to behave (eg : speed limit)

    Force and coercion Morality it is based on ideas of right and wrong, transformed into legal and illegal. Law is not law if it is immoral it is generally seen as a good thing. Blackstone Commentaries rules of civil conduct prescribed by a supreme power of state/nation.

    Positivists
    J.M Finnis rules made, in accordance with regulative legal rules, by a determinate and effective authority for a complete community and buttressed by sanctions. Michael Cronin a dictate of reason given and promulgated for the common good by one who has charge of the community.

    Naturalists
    St. Thomas Aquinas, in his book Summa Theologica (Law in General) rule or measure of action in virtue of which one is led to perform certain action and restrained from the performance of others.

    Socialists
    Niklas Luhmann ( Sociological Theory of Law 1985) Temporally, substantively, and socially generalized behavioral expectations. Brian Tamanaha Concept conventionally applied to natural law, international law, primitive law, religious law, customary law, and so forth.

    Different perspectives of law

    Cultural Expression Divine relevation Instrument of government

    Cultural expression
    It is seen as closely link in the social life of people. Law is rooted in society and can never be separated in social life of people. It develops from habit to value, and from customs and traditions to rules and regulations.

    Savigny law is the expression of the spirit of people. It is not just a collection if rules, it expresses and reflects a whole cultural outlook. For example, American laws are liberal. Malaysian laws are quite conservative and China has a very tough criminal law.

    Divine revelation
    Natural lawyers believe that all laws are stemmed from divine law. They stress that all human law must depend for its validity on compliance with that higher law. For example ; Islam and Christian have their own divine revelation that is the Quran and Bible.

    Instrument of government
    Neutral views it is seen as something more than just the expression of political parties. It ought to command respect and obedience from people. Partisan views law is seen as nothing more than just a political party programs. (For example Communism, Democracy, Conservative )

    THE END

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