Concept

• Concept may be defined as an abstract idea or a

general notion that occurs in the mind, in
speech, or in thought
• It is understood to be the fundamental building
block of thought and belief
• As such, concept may be thought out from
several disciplines, such as linguistics,
philosophy, and law
 Legal Concept
• An idea that may be realized in social
intercourse to preserve social life
• It is linguistically structured in such a
way that lawyers can deploy them
• Internally, within the law, concepts
are also building blocks of legal rules,
and can be bundled together in
various ways
The Functions of Legal Concept
• To secure basic individual rights
• To provide transactions between
individuals as well as between
individuals and society or the state
• To secure social order
Types of Legal Concept
• Viewed from its function, legal concept
may be differentiated into:
– Basic legal concepts, which are inherent in
human existence
– Concepts that are created for relations
between individuals, such as contract,
unlawful act, marriage, guardianship, legal
person, etc.
– Concepts that are developed by legislators
and judges to preserve social harmony,
larceny, embezzlement, law of evidence,
discretion, etc.
 Basic Legal Concepts
• Right
– Something that should be honored by
others
• Duty
– Something that should be done
• Property
– Something that is owned by person, e.g.
goods and rights
 Basic Legal Concepts
• Goods
– Good is every object, either tangible or
intangible, moveable or immoveable,
consumable or inconsumable, or that is
tradable, useable, or exploitable by the
consumers
• Person
– Everyone who has the rights and
obligations
– Currently, every human being is
considered to be a person
 Basic Legal Concepts
• Freedom
– The right to act, speak, or think as one wants
without hindrance or restraint
– It is limited by another’s freedom