MALAYSIAN LEGAL SYSTEM :

INTRODUCTION TO MALAYSIAN LEGAL SYSTEM

& THE BASIC CONCEPT OF LAW

WHAT IS LAW
John Austin - law is the command issued by the
sovereign and such commands are backed by
threats of sanctions.

John Salmond - defines law as "the body of
principles recognized and applied by the state in the
administration of justice.




Thomas Hobbes defines law as obligatory rules
of conduct which to be observed by the party to
whom it is addressed, have binding legal force and
effect.

Black's Law Dictionary Law that which is laid
down, ordained, or established . A rule or method
according to which phenomena or actions co-exist or
follow each other. Law, in its generic sense, is a
body of rules of action or conduct prescribed by
controlling authority, and having binding legal force.
THE FUNCTIONS OF LAW
To avoid or settle disputes

Knowing the law helps us to avoid disputes before
they arise. Also, the law serves as a problem-
solving tool.

Examples: contracts for vehicle purchases
specifies what buyer and seller receive;
landlord/tenant relations.

Sets out rights and obligations

A right is something you are entitled to.

An obligation is something you must do.

The law establishes rights and obligations
between individuals and between government and
individuals.

Examples: labour laws, or obligation to have a
drivers licence.
Provides Remedies

Law specifies the legal course of action to take
and remedies when our rights have been violated

Example: suing the manufacturer of leaky silicone
breast implants

Maintains order and provides protection

Rules established by law provide order and
protection for society

Examples: traffic laws or environmental laws

Sets up the structure of government

Constitutional law sets out how the country will be
governed

Examples: relations between governments

Directs how to make laws

Certain rules and procedures must be followed in
order to make new laws

LAW & MORALITY
Law can be seen as enforcement tool of morality.

J.Stuart Mill

The law ought not to be in the business of enforcing
morality (utilitarianism).
Utilitarianism - emphasizes individual rights as a main
subject of law.

View of man-made law as it is set (posited) by man
for man rather than as it ought to be. It implies that
legal rules are valid not because they are rooted in
moral or natural law, but because they are enacted
by legitimate authority and are accepted by the
society as such.