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1: Introduction to Law.
LAW 111 – LEGAL METHODS I
Module 1: Introduction to Law
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What is Law?
Introduction
Welcome to the foundational unit of Legal Methods I. In this unit, we begin with the most fundamental question in legal studies: What is law? Law is a concept we encounter daily—whether we are aware of it or not. It regulates human conduct, establishes rights and obligations, and helps maintain order in society. This unit is designed to introduce you to the various definitions, perspectives, and functions of law.
Objectives
By the end of this unit, you should be able to:
Define the concept of law from different perspectives
Understand the distinctions between natural law and positive law
Appreciate the role of judicial interpretation in the law
Identify the importance of law in society
Discuss reasons why people obey the law
What is Law?
Law has been defined in many ways by different schools of thought. There is no single, universally accepted definition. Instead, law is understood through multiple perspectives, each shedding light on its nature, purpose, and function.
Natural Law Perspective
Natural law theory views law as a system based on moral principles inherent in human nature and discoverable through reason. It holds that laws must align with universal moral standards to be considered valid.
Thinkers like Thomas Aquinas believed that unjust laws are not true laws. For example, laws that promote discrimination or suppress freedom may be legally enacted but fail the moral test and are thus considered invalid under natural law.
Modern (Positivist) Perspective
The positivist school, led by thinkers like John Austin and H.L.A. Hart, sees law as a command issued by a sovereign and backed by sanctions. It separates law from morality. According to this view, a law is valid as long as it follows the proper procedure, regardless of whether it is just or unjust.
For example, if a legislature passes a law limiting freedom of speech, it remains valid under positivism so long as the correct legal process is followed, even if it is morally questionable.
Judicial Perspective
From the judicial perspective, law is seen in terms of how it is interpreted and applied by the courts. Judges play an active role in shaping law through interpretation, especially in systems based on precedent. This perspective highlights the dynamic nature of law, as judicial decisions can adapt legal principles to contemporary issues.
The Importance of Law
Law plays a vital role in any organized society. Some of its key functions include:
Maintaining Order: Law provides a framework for resolving disputes and preventing anarchy.
Protecting Rights: It secures individual and collective rights, ensuring that citizens are not subjected to arbitrary treatment.
Promoting Justice: Law serves as a vehicle for the fair distribution of rights, duties, and resources.
Regulating Conduct: Through rules and regulations, law guides behavior and sets standards for social interaction.
Without law, there would be confusion, conflict, and instability. Societies rely on law to create a sense of predictability and fairness.
Why Law is Obeyed
People obey the law for several reasons, including:
Fear of Sanctions: Laws carry penalties, and people comply to avoid punishment.
Moral Duty: Many obey laws because they believe it is the right thing to do.
Social Influence: Society often reinforces legal norms through education, media, and peer pressure.
Legitimacy: When laws are perceived as fair and just, citizens are more willing to follow them voluntarily.
Understanding why law is obeyed helps us see its influence not just as a set of rules, but as a system that people engage with both consciously and unconsciously.
Summary
We’ve examined the concept of law from three major perspectives—natural, positivist, and judicial. Law can be seen as a moral code, a set of enacted rules, or the result of judicial interpretation. Beyond definitions, we explored the importance of law in maintaining societal structure and the various motivations that lead people to obey it.
Conclusions.
This unit lays the foundation for your legal education. Knowing what law is and why it exists will help you navigate more advanced topics in the course. Always remember that law is not just about punishment—it’s about creating a just, orderly, and functional society.
Tutor-Marked Assignment
1. Explain the meaning of law from three different perspectives.
2. Discuss at least four reasons why law is important in society.
3. Why do people obey the law? Support your answer with examples.