Lecture one: An Introduction to the Study of Law.
Theory of law:
Legal rules appeared when man began to live in society which varies
from one county to another, and which is same in namely – the law
science. The purpose of law aims at organizing the individuals in the
society. And the welfare of the community as a whole, it protects also the
liberties and private interest of individuals. So as to live all in peace on
these societies.
Definition of Law:
The term "Law" means a body of general rules that govern the behavior
of individuals in society and which persons must obey, even by force, if
need be.
Characteristics of legal rules:
This definition indicates the essential of the characteristics of legal
rules:
1) The legal rules are general and abstract.
General: The legal rule is applied to every person. It may be applied to a
category of persons Like the employee, lawyers, Judges, Merchants, or to
a single person for example when it organizes the powers of the
president of the state. It is general in space and permanent in time. It
realizes equity among citizens.
2) The legal rules are social rules:
The legal rules exist only in the human beings, who live in a community
and the relationships between the persons in this community.
3) Legal rules govern the conduct of individuals in the society:
The legal rules govern the conduct of individuals through the state, or the
relationships of the authorities of the state, and law organizes social of
the behavior which takes place in the form of external action.
4) The legal rules are compulsory and are accompanied by sanction:
The persons who violate the law the public authority-imposed sanction
upon them. And the sanction is different from the point of nature and
force: The sorts of sanction are: Penal sanction Civil sanction
administrative sanction.
Classification of legal rules:
According to the liberties of the individuals the relationships with other
activities of the individuals, the force, legal rules are classified into two
categories are imperative and complementary rules.
1) Imperative rules: They are: In organizing society, state sets by law
certain restrictions on some of liberties and activities of the individuals
and imposing on them imperative and prohibitive rules which they must
obeyed and respect. Example: Prohibit murder and the age of majority
shall be eighteen of solar years.
2) Complementary rules: The restriction of law is not absolute. It allows
individuals in the society to enjoy certain liberty in organizing their
relationships with others and which individuals can violate. Example: If
two persons in a contract agree to pay the price upon delivery and they
agree to delay the time of price the rules go into effect.
Distinction between legal rules and social rules of conduct:
Legal rules: Aim to organize the relationships of the individuals in the
society and if the individuals violate these rules the public authority
impose sanction against them or to abide these rules.
While other social rules which govern individuals conduct in society as:
Curtsey rules, customs, tradition moral, ethical and religious
commandments are differ from legal rules in:
a) The sanction: there is sanction upon those who violate legal rules.
b) The purpose: The legal rules aim at security, stability in society but
moral rules aim at achieving ideals, aspire to man's perfection.
c) Clarity and definition: legal rules are defined and clear and easy to
apply, but moral rules are not, and different respectively.
Therefore: The crucial difference between rules of law and rules of
morality lies in the method of enforcement of each.
