20252 Introduction to Law, Definition and Classification of Law

Summary

The lecture introduces law through four themes: legal systems, definitions of law, classifications of law, and the functions law serves. The lecturer encourages students to consult further reading rather than relying only on class notes.

1. Major legal systems

A legal system is the body of laws and legal institutions a country uses to organize government, courts, administration, and people’s conduct. The lecture identifies four influential legal-system traditions:

• Common law: Associated with the United Kingdom and countries influenced by British rule. Judges’ decisions help develop the law. The lecturer highlights judicial precedent: decisions of higher courts generally bind lower courts, while appellate courts may also be bound by their own earlier decisions.
• Civil law: Rooted in the Romano-Germanic tradition of continental Europe. It relies heavily on written legal codes and documents rather than treating judges’ decisions as the primary source of law.
• Socialist law: Associated with socialist or communist states, including Russia, China, and North Korea. Law is used to shape society and promote social change, with an emphasis on equality.
• Religious law: Substantially grounded in religious teachings. The lecture focuses on Islamic law, referring to the Qur’an and Sunnah, as well as secondary sources. Egypt’s constitution is cited as an example of a constitution that names Islam as the state religion and Islamic Sharia as a principal source of legislation.

Countries may draw on more than one tradition. Malaysia is given as an example of a mixed system, influenced by common law, written legislation, Islamic law, and customary law, including adat perpatih in Negeri Sembilan.

2. What law means

The lecturer describes law generally as a set or body of rules that:

• Regulates interactions between individuals and between individuals and government.
• Establishes standards of conduct.
• Is recognized by a community as binding, whether enacted or customary.
• Helps organize social life and regulate behaviour.

Legal rules apply to different relationships and situations, so their context can vary.

The lecture also discusses Article 160 of Malaysia’s Federal Constitution, which defines “law” as including written law, common law in force in the Federation or a part of it, and customs or usages having the force of law. The lecturer asks students to research whether and how Sharia law fits within this constitutional definition, rather than resolving the question in class.

3. Schools of thought on law

The lecture presents four approaches to understanding law:

• Natural law: Connects law to nature, morality, and, in the lecturer’s account, religious principles. A law consistent with nature and goodness is considered good; one contrary to nature is not. Thomas Aquinas is named as an example.
• Legal positivism: Understands law as a command issued by an authority or sovereign and directed to those expected to obey. The command is backed by sanctions for disobedience. John Austin is associated with this view.
• Sociological approach: Treats law as a means of regulating and shaping society, supporting social control and influencing the kind of society a government seeks to establish. Karl Marx is mentioned during this discussion.
• Legal realism: Described by the lecturer as a more recent approach that considers the practical, collective work of legal institutions and actors—including police, courts, lawyers, and prison authorities—in how law operates.

4. Classifications of law

The lecturer distinguishes several broad categories:

• Common law and equity: Both are associated with English law. Common law is described as comparatively rigid, while equity developed to address gaps or unfairness and provide more flexible remedies.
• National and international law: National law applies within a particular country. International law concerns matters involving different countries and is divided into public and private international law. The Malaysia–Singapore dispute over Pulau Batu Puteh and the International Court of Justice is used as an example of an international matter.
• Private and public law: Private law concerns disputes between individuals or private parties, such as debt or contract disputes. Public law concerns relationships involving individuals and the state or public interests; criminal and administrative law are examples.
• Civil and criminal law: Civil cases typically involve claims between parties. The claimant is called the plaintiff, and the opposing party is the defendant. Criminal cases are brought by the state or public prosecutor on behalf of the public against a defendant.
• Substantive and procedural law: Substantive law sets out legal rights, duties, and the elements of a claim, such as the elements of negligence. Procedural law governs the steps and deadlines for bringing and handling a case. The lecturer stresses that a strong substantive case can still fail if required procedures or time limits are not followed.
• Written and unwritten law: The lecture introduces this distinction and says it will be covered further in a later discussion of legal sources.

5. Functions of law and assigned work

The lecturer refers to law’s role in resolving conflicts, facilitating social activity, and regulating conduct. Punishing wrongdoing is one example: a person found guilty of murder may face a court-imposed sentence.

Students are asked to complete three individual tutorial tasks:

1. Explain the four schools of thought: Name a scholar associated with each school and define law from that scholar’s perspective.
2. Create a classification table: Compare the categories of law discussed in the lecture, highlighting their main differences rather than writing long essays.
3. Identify five functions of law: Choose five functions and give an example for each. Examples may be original or drawn from personal experience, news, or other reading, provided each illustrates the function.

Submissions are due by the 18th, with a discussion planned for class on the 19th. The lecture also recommends background reading on the history of law in Malaysia, while noting that this topic is not intended to be part of the assessment.

Speakers and sources featured

• Lecturer/presenter: Leads the lesson and assigns the tutorial work. The subtitles do not clearly establish the presenter’s name.
• Dr. Anifarahida: Identified by the lecturer as a colleague who prepared the notes; the lecturer says they both teach at UNM Seremban.
• Students: Briefly respond to the lecturer and ask about the assignment.
• Authorities and sources discussed: Malaysia’s Federal Constitution, especially Article 160; the Qur’an and Sunnah; and the legal traditions, institutions, and examples described in the lecture.
• Named legal thinkers: Thomas Aquinas, John Austin, and Karl Marx.