What is Law: An Overview

Law is a set of rules, standards, customs or principles that everyone is supposed to abide by to live in harmony with others in a given area and .....
Views


Photo Credit: here

Law is a set of rules, standards, customs or principles that everyone is supposed to abide by to live in harmony with others in a specified area and breaking a law(s) follows certain sanctions, penalties or punishment.

Types of laws

They are two types of laws which are scientific law and practical law this article focusses solely on practical law. However, it’s important to give a synopsis of what these types of laws are 

Scientific law

Practical law

They naturally occurring

They are independent of our wishes

Trying to break them can cause a catastrophe

For example, Gravitational laws in physics

They man-made

They depend on our wishes

People break them intentionally or unintentionally which results in sanctions

For example, Civil or Criminal laws

The Classifications of Law

The 1st classification is on which form it is

Written Law

It refers to those laws that are formally enacted and framed in statutes or the constitution through legislation.

Unwritten Law

it refers to those laws that are not enacted by legislatures nor framed in statutes but emanates from customs, judicial decisions, etc.

 

The 2nd classification is on who is involved

Civil Law

It relates to issues that involve individual(s) verse individual(s) and its purpose is to resolve the disputes that arise between these individuals. For example, the case of Hakainde Hichilema verses The Attorney General 2019.

Criminal Law

It refers to the set of specific laws that regulate what makes up a criminal offence and how the state can punish those who commit these offences to protect the community. For example, the case of Clifford Dimba verses the people.

 

The 3rd classification is on what it pertains to

Public Law
It relates to the state's affairs. it includes the following

       Human rights: which is a fundamental entitlement that every human being has simply because they are human.

       Constitutional law: which is a body of rules governing the affairs of the judiciary, executive and legislature.

       Criminal law: which is the law governing the implementation of exemplary penalties or punishments on offenders.

Private Law

It relates to the individuals' affairs. it includes:

      Labour laws: which are a set of laws and regulations that govern employments' terms and conditions

      Tort law: which deals with civil wrongs committed by an act or omission that causes harm or injury to another person.

      Contract law: which deals with legally binding agreements between individuals.

 

The 4th classification is on which borders does it cover

International law

They are a set of rules, standards, customs or principles that regulate interactions between sovereign states and other legally recognized international actors.

National law

They are a set of rules, standards, customs or principles that regulate interactions between sovereign states and other legally recognized international actors.

 

The 5th classification is on the purpose it plays

Substantive Law

They are a collection of rules that regulate how members of a society should act.

Procedural Law

They are a set of procedures for drafting, administering, and enforcing substantive law.

Source of law in Zambia

      The Constitution

      Customary Law

      Legislation (Act of parliament)

      Statutory instruments

      Judicial precedent

      Common-Law

      Authoritative texts

The Characteristic of Effective Laws

      Laws must be Comprehensive, not segregative.

      Laws must regulate individuals' behaviors in society

     Almost everyone must easily comprehend Laws

      Laws must promote peace and justice

      Laws must be accessible

      Laws must be certain, not ambiguous

 

 

Careers in law in Zambia

      Judge

      Attorney

      Lawyer

      Solicitor

      Barrister

      Public Prosecutor

      Paralegal

      Mediator

      Managing partner at law firm

      General counsel in organizations or companies

      Legal Journalism

      Legal Counsel at Banks

      Legal Officer at Consultancy companies

      Lecturer in Law Universities or colleges

 

 

 

 

Adapter from:

Bradford, A. and AHamer, A. (2022) 'What is a law in science?', LiveScience. Available here [Accessed 7 March 2022]

'Criminal Law' (2021) Justina. Available here [Accessed 7 March 2022]

Unwritten Law, Dictionary.com. Available here  [Accessed 7 March 2022]

Constitutional Law, Wikipedia. Available here [Accessed 13:00, 7 March 2022]

Jenks C.W and Schregle J. (2019) 'Labour law', Encyclopaedia Britannica, Available here. [Accessed 7 March 2022]

Malcolm, S. (2019) 'international law', Encyclopaedia Britannica, Available here. [Accessed 7 March 2022].

Magagula A.S (2009) ‘The Law and Legal research in Zambia’, Hauser Global Law School Program Available here [Accessed 7 March 2022].

Kunwar, S, (2021)10 Characteristics of Law', Gyankovandar, Available here [Accessed 7 March 2022]

 

 

 


Law Student, The University of Zambia

4 comments

  1. So interesting and educative 🔥
  2. Keep it up my guy
  3. Good article and very educative.
  4. School of excellence:Watae.W
    This comment has been removed by a blog administrator.