Introduction to Law

What is law?

Law is defined as a set of rules, enforceable by the courts, which regulate the government of the State and govern the relationship between the State and its citizens.

From the above definition of law, we findout some of the characteristics that distinguish law from other types of rules.

Characteristics of law

Rules A substantial part of law exists in the form of rules. These rules not only specify how people should behave, but also contain definitions of terms, create competence, and much more.

An example of a rule that gives a definition can be found in Article 1 of the International Convention on the Elimination of All forms of Racial Discrimination, which defines “racial discrimination” as “………. any distinction, exclusion, restriction or preference based on race, color, descent, or national or ethnic origin which has the purpose or effect of nullifying or imparing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundermental freedoms in the political, economic, social or any other field of public life “

Article 37, Section 1 of the International Convention on Civil and Political Rights provides an example a rule that creates a competence for the Secretary-general of the United Nations. It states, in connection with the Human Rights Committee; ” The Secretary-general of the United Nations shall convene the initial meeting of the Committee at the Headquarters of the United Nations.”

Note: Society is governed not only by legal rules but also by other types of rules. For example;

• Rules of morality.
• Rules that belong to a religion (for instance the ten commandments)
• Etiquette rules (for example,” eat with a knife and a fork”), and
• Rules that belong to special organizations such as student associations (for example, ” Every member is to perform bar service twice a month”)

Collective Enforcement One characteristic that distinguishes legal rules from other rules is that the former are normally enforced by collective means and in particular by organs of the state, while this is not true for the latter. Moreover, legal sanctions have very specific sanctions, such as incarceration, fines, compensation of damages, etc….. while the sanctions of non legal are less specific.

Postive law Another characteristic that distinguishes law from other normative systems is that, by far, most legal rules are created state agencies such as parliaments, courts, and administrative bodies. However, this has not always been the case. At present most laws are explicitly created (or in legal terms, “laid down”). A law that has been laid down is called positive. The word “positive” in this connection is derived from the Latin ‘positus’ which literally means “laid down”.

Moreover, legal rules can also be repealed, which is not possible in case of, for example, moral rules.