You are on page 1of 4

Lecture (2)

LEGISLATION
DEFINATION & SCOPE
Legislation (or statutory law) is law which has been produce in
technical written way by a governing specialized authority in order to
regulate, to authorize, to sanction, to grant, to declare or to restrict the
relations between the society members. By which the governing
authority see it is achieving the public order and interest.
"Building laws, Criminal laws, Cyber-Space laws, etc ."
LEGAL RULES FEATURES
1- THE LEGAL RULES SHALL BE GENERAL AND ABSTRACT.
Generality means that the legal rules shall not applies for a specific
person or specific case but it rules and governs every person and every
case fulfills the conditions specified by that rule.
EX. Act no. (163) of the Egyptian civil code states that "Every mistake
causes harm drives the mistaken to be liable of compensation"
This legal rule deals with every and each person causes harm not
connected to a specific person or a specific way of causing harm
The generality feature is the mean feature which differentiated between
the legal rule and the administrative orders or decisions or judicial
verdicts. So the administrative decision hiring Adham in a public job is an
administrative decision because it deals with personal view out of
generality. Also a judicial verdict punishing Adham a six months in jail
cannot be consider as a law but herein we have be careful dealing with
the judicial verdicts issued in Anglo-Saxon countries because they
depend on the precedence system " which mean that they apply the
legal verdict declared in one case on another case but not as for the
legal penalty but for the legal treatment or method".
THE SCOPE OF GENERALITY
A- PERSONAL SCOPE
1

The legal rule shall have a personal scope as it may regulate the
conducts happened between a specific group of people who have one or
more similar nature gathering them
The legal rule shall still be general however if along its history dealt with
one person as long as it did not means such person specially but it's
applying requirements get to be in one person.
The generality of the legal rule secure law sovereignty
B- TIME SCOPE
The legal rule shall have a time scope as the law application is governed
and determined by time
C- TERRITORIAL SCOPE
As a rule the law issued by an authorized authority shall applies and
govern the total territory of the state but this rules faced a lot of
exceptions we mentioned from it what happened in Lorien & Alzis
territories during the German invasion of France
2- THE LEGAL RULE REGUALTE THE CITIZENS BEHAVIOR IN THE SOCIETY
The main aim of the legal rule is to regulate the behavior of society
members so the law will exits as long as there is a society
A- LAW CONCERN WITH THE HUMAN OUTTER BEHAVIOR.
In opposites to the religions which concern both on the person intention
and his outer behavior the law just concern with the outer behavior
B- THE LAW REGULATES THE BEHAVIOR OF THE RULER AND RULED
it is an aim too so the legal rule shall govern both the ruler and the ruled
both of them shall be governed by the same rule unless it will never be
considered as a legal rule.
3- THE LEGAL RULE SHALL BE COMBINED WITH SANCTION
One of the most important features of the legal rule that it must be
combined with sanction " The sanction is the re-action of the authority
to the person invoking to the legal rules, laws and system it determine to
2

the society" and the sanction according to this definition is the key
element which makes the legal rule not just an advice or
recommendation.
A- TYPES OF SANCTION
1- Criminal sanction: This kind of sanctions imposed in case that the
rules invoked by the invoker is a criminal rules by which the rights
determined and protected is considered from the legislator as much
important that he imposes for it physical punishments, almost these
rights are the right to life, right of body safety, right of ownership, right
of mental outputs etc"
Criminal sanctions differ according to the crimes danger as it starts with
simple jail from day till 7 years, prison from day till 25 years and ended
with the capital punishment "The Death Penalty"
2- Civil Sanction: Is the punishment the legislator imposes on invoking a
legal rule which is connected to a personal right. Civil sanction takes
varied forms such as "compensation, compelling to do an action,
compelling not to do an action, removing the result of the invocation
etc"
The civil sanction may take the form of invalidity of an action like
declaring a contract with a minor or mental impairment man void or
invalid.
3- Disciplinary Sanction: Disciplinary sanction is imposed on the person
who breaks or curtails his job duties so the employee who lose work
documents, or get out of work without permission or be absent shall
face a disciplinary sanction which have a lot of forms starting from get
noticed, deprivation of bonus, delaying of promotion ending with firing
from work.

CATEGORIES AND GRADES OF LEGAL RULES


There are three kinds of legal rules which are the supreme rules
"constitution, laws, regulations list" so we will herein explain each
category and we will order it according to its sovereignty

Constitution: The basic law or laws of a nation or a state which sets out
how that state will be organized by deciding the powers and authorities
of government between different political units,
Law "Statute": It is possible to describe law as the body of official rules
and regulations, generally found in constitutions, legislation, judicial
opinions, and the like, that is used to govern a society and to control the
behavior of its members, so Law is a formal mechanism of social control,
Legal systems are particular ways of establishing and maintaining social
order.
Regulations: is a term usually employed to describe provisions of an
ancillary or subordinate nature which the executive, or a Minister, or
some subordinate body is empowered to make to facilitate the carrying
out of a statute....