Chapter 1 Introduction to Law

Submit to : Aj. Prapaporn Rojsiriruch

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 ubi sociatus, ibi jus. (Where there is a society, there is law) Law is a body of rules created by the state and enforced by the authority of the state though the use of sanction.

The Relation Between Law and Other Rules

Law and Religion The difference between law and religion.
Religion
Teaching of religion leader. Enforce both mind and external. No immediate sanction.

Law
Regulate by state. Enforce only external behavior. Definitive and immediate sanction in case of violation.

The Relation Between Law and Other Rules

The similarity of law and religion. Conduct the behaviors of human. The violators attain negative effects.

The Relation Between Law and Other Rules

Law and Moral The difference between law and moral.
Moral
Inner feeling. Effects the inside.

Law
Regulate by state. Effect the external.

Aims for better human being Maintain public order. to be completed as a whole. Mental punishment. Physical or financial penalty.

The Relation Between Law and Other Rules

The similarity of law and moral. They specify what must or should be done. Violation of moral can be the violation of law.

The Relation Between Law and Other Rules

Law and Tradition The difference between law and tradition.
Tradition
Given by a specific group or people. Govern all aspects of living. Social reprimand or scolding.

Law
Regulate by state. Enforce only certain parts of behavior. Punished according to the stipulate penalties.

The Relation Between Law and Other Rules

The similarity of law and tradition. Both direct the external or outer behavior of human being.

Definition of Law
There are 2 most-widely-recognized schools of thought. School of Natural Law School of Positive Law

School of Natural Law

Since Greek-Roman era. Famous philosophers in this school such as Socrates, Plato, Aristotle, Cicero and St. Thomas Aquinas.

School of Natural Law

Position: Law exists naturally. Law cannot be created by man. The law originated naturally from God and from humans conscience and moral. NO LAW CAN BE UNJUST.

School of Positive Law

influenced by British philosophers. Well known philosophers are Thomas Hobbs and John Austin. Position: The law can be created by Sovereign.

School of Positive Law

Those who violates the law shall be punished. Thailand has been affected and influenced by the School of Positive law

Characteristic of Law
1. Order/rule or regulation 2.Order of the Sovereign

Order/rule or regulation = The expression or declaration of one person with power to control or command other person. Sovereign means the person or organization that is in possession of supreme authority to administer the state at a certain time.

Characteristic of Law
3.Comprehensively enforced 4.Legal sanction
Civil Sanction
- Debt performance - Compensation - Damages - Penalty

Criminal Sanction
- Execution - Imprisonment - Detention - Fine - Forfeiture of property

Evolution and Sources of Law

In this topic, sources of Thai and international Legal Systems will be discussed in order to understand and appreciate the development and existence of the present law.

Main Legal Systems

Four main legal systems of the world 1.Civil law systems* 2.Common law systems* 3.Socialist law system 4.Religious and traditional law system

Civil law systems

Codification system. The law is written and codified into written law or statute. influenced by Roman Law. Holy Roman Empire. Emperor Justinian and Corpus Juris Civilis. This system sometimes called RomanoGermanic system.

Civil law systems

Gone with the fall of Rome. Revived during Napoleons reign. Very influential in Europe, Africa and Asia.

Common law systems

System governed by precedents and equity. Rooted in England (Britain). Anglo-Saxon System synonyms. The Anglo-Saxon developed their laws from local and ancient tribal traditions. King Norman occupied England. Local courts followed local customs.

Common law systems

Established the Kings court. Judges traveling around the country to decide cases and promote uniformity. Jury system was created to decide factual issues.
*Factual issues decided by Jury *Legal issues decided by Judge

Common law systems

Achieve uniformity though precedent and equity. Precedent. Judge-made law. Court decisions form the main source of law. Ratio decidendi(i.e. necessary part) of previous decision obliged judges to decide future cases with the same factual.

Common law systems

Equity. Precedent alone is not enough. E.g. compensation for breach of contact or wrongful act. The principle of equity was established to fill the gap of law where there are no precedents.

Comparison of major legal systems

Civil Law system
Source Procedure Application
Legal Education
- Written Law - Codification Judges decide both factual and legal issues without jury Refer to the Codes and other written laws Base on Codes, text book and treaties

Common Law system

- Unwritten Law - Precedents - Equity
-Judged decide legal issues -Jury decides factual issues Doctrine of precedents Equity principle

Base on judgments and court decisions

Classification of law
In order to categorize some gathering, it needs to have the definite standard to be used as the criteria. There are many criteria to be used as the classifying tools. These are two most well known criterions. 1. Content of law 2. Relation of the parties concerned

Classification by the content of law

1.Substantive Law Substantive law is the body of law that enforces the human behavior directly.

Classification by the content of law

2.Procedural Law Procedural law is not the law that governs the general behavior of people in the society like substantive law. On the other hand, it is the regulation primarily prescribes about the procedures in the court or judicial trial, from the commencement of the case to the execution procedure after having the judgement.

Classification by the relation of the concerned parties

Now, we are focusing on the involving parties or subjects of the relationship. 1. If the dispute happened among private people, it is the juristic relation governed under Private Law. 2. If it happened between people and the State, the Public Law is applied. 3. If there is the relationship among States, the International Law is applied to these juristic relations.

1. Private Law
Private Law can be subdivided into: Civil Law concerns with the personal status, the capability of person, juristic act, property law, family matters and successions. Commercial Law is law governing commerce. It lays down rules about buying, selling, lending, mortgaging, pledging, suretyship, companies etc. Civil Procedural Law

2. Public Law
Public deals with the relation between the citizen as the individuals and the state as the ruler. There are some important areas in public law: Constitution Administrative Law Criminal Law Law on Organization of the Court of Justice

3. International Law
International law is the rules and regulation that control the relationship in the international community. When one country violates international law causing injury to another country, the other country may protest and in serious cases may bring the case to the international Court of Justice.

Sources of international law

1. Treaties, conventions or international agreements 2. International Customary law 3. General principles of international law 4. Writing of the jurists or publicists