Nature, Function and Classification of Law

2917 WordsOct 2, 201212 Pages
TOPIC ONE NATURE, FUNCTION AND CLASSIFICATION OF LAW Objectives of the course:• Enable the students to think in a more abstract or general fashion than is generally achieved in the study of specific areas of law and demonstrate the same in answering questions. • Enable the student to develop the willingness to question and think independently and to find out more in the study of law. • Discuss critically the definition of law • Explain the various scholars position on their attempt to define the meaning of law • Distinguish law from morality; justice • Explain the various classification of laws • Discuss the functions of law in society Nature of law Meanings given to the word law The word law has various meaning which are used by different…show more content…
His views were popularized by his student John Austin • Hans Kelsen propounded the notion of a grundnorm (or a "presupposed" ultimate and basic legal norm). The grundnorm is a hypothetical norm on which all subsequent levels of a legal system such as constitutional law and other laws are based. • H. L. A. Hart who argued that law is a 'system of rules'. These rules, are divided into primary rules (rules of conduct (substantive law)) and secondary rules (rules addressed to officials to administer primary rules). Secondary rules are divided into rules of adjudication (to resolve legal disputes (procedural law)), rules of change (allowing laws to be varied) and the rule of recognition (allowing laws to be identified as valid). • Joseph Raz argues that law is authority, identifiable purely through social sources, without reference to moral reasoning. Marxist Theory Marxist theories of political economy, expounded upon the notions of Karl Marx (1818-83) and Friedrich Engels (1820-95), consider law an instrument of class oppression that benefits the ruling class through oppression of the proletariat. The common law system of criminal and civil law, which protects personal and private property rights, as well as facilitating predicability in social life, is regarded as “no more than a system of

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