SLC22-W1 / Basic Notions of Law.

For any given society, colony or groups, one thing stands out; they are being guided by a code or principle, whether written on paper or naturally on their heart.

This topic is a timely one as it can help educate many of what law is and its different faces. But whenever we hear of law, what comes to our mind?

What is Law?

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Law can be defined as a set of rules made and carried out by an agency or country to ensure that the behaviour of the society or group of inhabitants are regulated or guided.
It provides the basis on which law and order os kept within to he society, enabling the individuals living withing to coexist and cohabit peacefully.

It is a defined set of rules that helps all know the do's and don'ts of a place, helps maintain order, works to ensure the rights of individuals applying it are protected and are determined based on the cultural, social and political clime of a country or organization.

There are several facets of law, but I want to take a look at the types we mostly deal with on a day to day basis. They are objective law and subjective law.

Objective law

This type of law are based on observable facts and its standards are well established. It is designed such that there will be no personal explanation to it. It is very objective in nature which ensures consistency in its application at any point in time. It provides a basis for an impartial judgement making it look predictable.

Some examples of objective law are

1. Traffic law - this law is made to protect the people from incessant vehicle crashes and killing of pedestrians, specify speed limit in certain areas to save lives.

2 Child Custody Law - This type of law is made based on the welfare of the child under question. It provides rules and standards which can be assessed objectively, such as the age, health, physical and emotional needs of the child.

Subjective Law

This type of law is dependent on an individuals opinion or perspective, feelings, circumstances and not on objective assessment. This is applicable in a contract where certain subjective principles are expected in that contract. Examples include

1. Purchase of an Electrical appliance of which the subjective part of the contract includes that the appliance is working in a perfect condition. Which if not in proper working .condition, the buyer will sue the seller to court and claim for damages.

2 Claiming of damages which is subjective, if for example, emotional damages which is subject to the persons feelings, emotions and experiences. So there is no objective way of determining the level of damage.

Case study 1 - A citizen is driving a vehicle on the road and disregards the traffic light. Seconds later he is stopped by a traffic police officer and this citizen claims that he disregarded the traffic light because he was in a hurry to pick up his son and take him to the hospital because he is feeling unwell.

Based on what you have learned, tell us in which part of the case Objective Law and Subjective Law are present.

Answer

A. Disregarding the traffic light and driving straight without obeying it, is a disobedience to the law . It is an Objective law.

B. The explanations given by the driver as to why he did not observe the traffic light has the elements of Subjective Law in it. It will be considered as a subjective law.

-. Based on what you have explained in class, make a comparison and according to the law of your country. Give an example of a law and an example of a norm.

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An example of My country's law.

My country requires that for a marriage to legalized, the union must be registered under the Marriage Act, of which the couple will be given a marriage certificate upon completion of the statutory requirement. The customary requirement not being necessary provided the two individuals have a consentual agreement.

An example of a Norm

For a marriage to be consummated cultural-wise, both families must come to an agreement. The bride and groom do not have much say on this. The family of the bride will give a marriage list containing items the bridegroom family will buy for them and their kinsmen before the customary marriage can be consummated. It is only when the conditions in the list are fulfilled will the bride be handed over to the bridegroom.

So we can now see the law and the culture as it relates to marriage in my country. So to ensure peaceful relationship between the two families the norm is carried out to the later while the statutory law part is done to secure the union legally.

Case Study 2

The building's law of coexistence prohibits tenants from owning and living with a dog in their apartment. So he is violating a norm by keeping dogs in his apartment.

While he violated a law by failing to pay his rent as at when due. He is already owing 3 months rent.

-. Explain in your own words what importance Comparative Law has for you according to what you have seen in class.

Just like the name implies, Comparative law have to do with comparing and analysing various judicial and legal systems of different nations so as to acquaint yourself with the differences and similarities in their laws, legal principles and applications as well as their judicial practices. Understanding these helps improve international legal framework.

My understanding this aspect of the law can benefit me in so many ways:-

A. It helps me to get an understanding of other countries legal systems, knowing the underlying principles behind it. With this, it becomes much easier to handle legal issues in another country.

B. Comparative law helps me or a country to choose best legal practice thus avoiding pitfalls that would result when the law is shortsighted. Leaning from the legal successes of other places is a step towards initiating a successful law too.

C. It enhances international relationships between people with differing legal standards. Helping with negotiations, agreements and treaties. This is especially necessary since we are living in a globalized world.

D. it helps me to improve my legal education, increasing my legal knowledge and in my execution of legal activities.

So for a certainty, the study of comparative law is a part of the law that is very essential for international relationship and cooperation.

Thank you.

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