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Chapter 1 Nature of Law Characteristics of Law.
Chapter 2
Law, Morality and Religion
Chapter 3Classification of Law
Characteristics of legal rule
Social General and abstract
Enforced by a sanction
Criminal
Felony Misdemeanor
Violation
Civil
Compensation
Restitution
Administrative
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Definition of Law : Law is a body of rules which governs and regulates the social conduct of people and which is enforced by a sanction
VIOLATION Misdemeanor Felony
Fine less than 500 LE
Fine more than 500 LE or Detention from 24
hours to 3 years
imprisonment more than 3
years or death penalty
Immediate conciliation
Conciliation is allowed in front of the Public prosecution or the
Court
Conciliation is not allowed as a general rule
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Religion Law Morality
Made by God Made by a determined authority of the State
According to the whole
community
rules control external actions
and internal thoughts
to govern external conduct only
rules control external actions
and internal thoughts
After life sanction
Sanction by state court during life
No sanction by state court but by
social refusal
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Definition of law • Definition of Law : Law is a body of rules which governs
and regulates the social conduct of people and which is enforced by a sanction .
• Characteristics of Law: Legal rules are social, general and enforced by a sanction.
• 1. Rules of Law are social: Law controls and regulates the relations among people living in a society. It is concerned only with the external conduct or behavior of individuals, and has nothing to do with internal thoughts and beliefs. It is only when a person comes to act upon such beliefs that law can interfere.
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Definition of law 2. Rules of law are general - Law is generally applicable. It is
applied in all cases and to all persons. Thus, the criminal rule of law which provides the penalty of death in case of assassination is applicable whenever a person kills another premeditatedly.
It is of no importance that the assassin is A or B or C. Also it does not matter whether the crime takes place in Cairo or in Alexandria, or in the year 1995 or in the year 1997.
for example : The president of Egypt must not be less than forty years old. This is a general rule although it concerns one personal the president, because it does not concern one president by name, it is applicable to all persons who would t candidates for the post of the president.
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Definition of law 3. Rules of Law are enforced by a sanction:People are invited to obey law voluntarily, if not, the are compelled
to do so by means of sanctions applied by a State.A sanction is a device to induce obedience of a rule of law. It may
be criminal if the violation consist in a criminal offence or a crime. A criminal sanction is called punishment.
For example, if a driver violates the rules of traffic, he is punished by a fine. If a person steals, his punishment is imprisonment. The punishment for assassination is death sentence.
A sanction may be administrative. Thus, if a public employee or officer does not perform his duties, he may be excluded from the service of the government.
There are also civil sanctions. For example, the invalidity of a contract, the payment of damages or compensations, the restitution of payment
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Characteristics of legal rule
Social General Enforced by a sanction
Criminal Civil Administrative
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Definition of law In all groups of people acting together for any purpose some
rules must be established for the guidance of the conduct of the members.
It is hard to imagine the existence of a community without law. Social life would be in anarchy unless individuals were prepared to follow certain rules in their relations with each other.
In the second place, obedience by people to social rut enables all members of the society to cooperate to common ends.
Law and Right. In regulating human behavior, law recognizes rights and imposes duties or obligations. A right cannot be described as legal unless it is recognized and protected by law.
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LAW, MORALITY AND RELIGION
Rules which control human conduct are not confined law. There are also divine and moral rules.
Divine rules are principles which people believe have been ordained by God, and sanctioned by rewards at punishment in the present life or in the life to come.
These rules are to be found in the sacred books of various religions.
Moral rules are principles" which" arise from the general opinion of the society as to what is right and what is wrong to what is good and to what is evil. Disobedience of moral rules is not sanctioned by the state through its agencies or courts. Its sanctions consist of social forces such censure, ridicule, contempt and social exclusion.
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LAW, MORALITY AND RELIGION
The rules of law, of religion and of morality differ their forms and functions, in the types of human conduct which they are directed, and in the sanctions intended compel compliance to them.
Law controls external actions of people, religion moral rules control external actions and internal thoughts
Law is sanctioned by a determinate authority: the state. Moral rules are sanctioned by and indeterminate authority: all the members of the society.
Religions rules are sanctioned by God and generally in the life to come.
The field of law does not always coincide with that of morality or religion.
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LAW, MORALITY AND RELIGION
• There are acts regulated by law which do not fall within the field of moral or religious rules.
• On the other hand, there are many rules of behavior imposed by religion and by morality which have not been found fit to be controlled by law, and so remain outside its sphere. Thus, charity and mercy are moral virtues but not enforced by the law.
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LAW, MORALITY AND RELIGION• But this does not mean that rules of law and moral
orreligions rules are always contradictory. • Many legal rules are based upon those of morality or
religion, and their is basically derived from the public sentiment. The principle which provides that a contractor bound to perform his obligations is a legal and a moral an religious principle at same time.
• The legal rule which punishes any person who commie a theft is also a religious and a moral rule.
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Subdivision of law
Public law
Constitutional Law
Administrative Law.
Tax Law Criminal Law
Public International
Law
Private law
Civil Law.Law of Civil and
Commercial Procedures
Commercial and maritime law
Private International
Law
Labor Law.
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Public and Private LawLaw is usually classified into two classes: Public Law and Private
Law. This classification is based upon a distinction between the public or the private character of the relations regulated
by the law.Public law is that which regulates relations of public persons
among themselves, or relations arising between public persons acting as the representative of society as a whole, and private persons.
Private law is that which regulates the relations of private persons among themselves, or the relations between private persons and public persons acting not, as a representative of the society, but as private persons.
Public persons are: the state, the governorates, the towns, the villages, public authorities and universities.
Private person are either individuals or natural persons, or juridical persons such as an association or a corporation. 15
Public law
Public person
Public person
Public law
Public person Private
person
Public law
Private person
Public person
Private law
Private person
Private person
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1- Constitutional Law
Constitutional law defines the form and determines the organs of the government and provide guarantees of individual rights.
Thus, the constitution defines whether the state monarchy or a republic, it determines the organs of the state which usually are three: legislative, executive and judicial. Constitutional law is especially concerned with the organization and functions of the legislative authority The constitution is regarded as more sacred than ordinary law because it includes rules which guarantee the liberties for individuals, such as liberty of opinion, and liberty of religion. And one consequence this is that any law which is contradictory to the constitution is invalid.
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2- Administrative law:
Administrative law deals with the functions of public officers and employees, with the subordinate and local organs of the executive authority: ministries, departments, local administration in cities and villages. It deals with the organization and functions of the administrative courts.
3- Tax Law:Tax law deals with the imposition and collection of taxes
which constitute an essential part of the state revenue. There are many sorts of taxes: land tax; income tax; etc.
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4- Criminal Law:Criminal law is that which deals with crimes : murder, theft,
arson, and with their punishments fine: detention, imprisonment, hard labor, death or 'capital punishment.
To the criminal law is attached the law of criminal procedures.
The rules of criminal procedures determine the methods which will be pursued by the state in case a crime is committed. They define the authorities charged with the investigation and prosecution against persons suspected and accused of crime.
They determine what procedures can be taken in the preliminary investigation, in arresting the accused, in bringing him before court and in passing punishment.
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5- Public international Law;Public international law includes the rules of law which regulate
the relations between states. The formal sources of these rules are treaties, international agreements international customs, and the decisions of international courts. The rules of public international law are usually discussed under the three heads of: Peace, War, arm Neutrality.
The rules of peace deal with many subjects such as acquisition of territory by states, the making and operation of treaties, rights and duties of diplomatic and consulate agents.
Law of war deals with the declaration of war and thf effect of it upon the mutual relations of the belligerent parties. It determines the methods which may legitimately used in fighting, the duties of the belligerent toward civilians and wounded persons.
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Subdivision of law
Public law
Constitutional Law
Administrative Law.
Tax Law Criminal Law
Public International
Law
Private law
Civil Law.Law of Civil and
Commercial Procedures
Commercial and maritime law
Private International
Law
Labor Law.
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1- Civil Law:• Civil law is the law which governs the relations of the
ordinary citizens. These relations may affect the person himself and are called matters of personal statute, or they-may be pecuniary and are called matters of real statute. Thus civil law is divided into two classes: the law of persons and the law of property.
• The law of persons or the family law (or the law of domestic relations) deals with legal capacity, marriage and divorce, rights and duties of parents towards their children, guardianship, and alimony.
• The law of property deals with ownership, obligations, special contacts: sale, lease, insurance, etc .
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2- Law of Civil and Commercial Procedures:
• Law of civil procedure is generally considered a branch of private law, although from one point of view, it regulates a public authority: the judicial authority.
• This is the law which deals with actions by which rights can be enforced or defended before courts.
• It contains the rules which organize the courts, the conduct of the lawsuit and the methods of the execution of judgments.
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3- Commercial and Maritime Law:Commercial Law is the law which deals with trade in
general. It contains rules which regulate the relations among merchants such as: partnerships and companies, bills of exchange, commission agency, bankruptcy.
Commercial Law is not so general as civil law, it does not relate to the generality of the members of the society, it governs only the relations of a special class: merchants.
Maritime Law contains rules relating to trade on the sea : ownership of ships, engagement of the crew, maritime insurance.
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4- Private International Law:• Private- International Law (or the conflict of
laws as it is called in countries of Anglo- American legal system) contains the rules which determine the law to be applied and the court within whose jurisdiction the matter lies.
• The necessity of determining such laws and such courts, arises when there is a social relation containing a foreign element.
• Thus, if an Englishman buys a piece of land situated inFrance belonging to an Egyptian.
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4- Private International Law:• What is the law to govern this sale? Is it the
English , the Egyptian or the French law? And if a conflict arises between the buyer and the seller, what are the courts which have jurisdiction upon such dispute the English courts? The Egyptian courts?
• Or the French courts? It is the function of Private International Law to determine the law to be applied and the court before which such a case is to be brought. 26
5- Labor Law Labor law regulates the relations ' between workers and
masters or employers. Such relations 'are based often on a contract of service. Labor law deals with the formation , the validity of the contract of service. It regulates the obligations of both parties: the worker and the master.
The rules laid down by labor law are imperative rules in the sense that they cannot be derogated by agreement to the contrary. Most of these aim to protect the life and the health of the workers by providing a minimum age of workers, a minimum rate for salaries, a maximum ceiling of work hours. Labor Law is concerned also with the formation and activities of worker's syndicates (trade unions).
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