LAW 101 - Legal Methods I

2 Unit(s)

Law in social context (a) nature and functions of law in society: law, order and justice; law and freedom; law and the state; law and legitimacy; law and sovereignty (b) aspects of law – types of law – eternal law, divine law, natural law and human or positive law; classification of law: common law and civil law; common law and equity; public and private law; civil and criminal law, substantive and procedural law; written and unwritten law; customary law and Islamic law (c) methods of social control through law – penal method; grievance – remedial method; private arranging method; constitutive method, administrative regulatory method; fiscal method; conferral or social benefits method (d) Legal reasoning and approach to problems – language of the law; principles, standards and issues in law; formality and precision in the use of language and distinctiveness of legal language; legal rhetoric and legal logic; legal reasoning and practical reasoning; legalism (e) Legal reasoning in judicial processes: sifting of facts and law in courts; ratio decidendi; precedents (f) Legal reasoning in legislation – legislative proposals; legislative drafting; ambiguity, vagueness, open texture, semantics in law; legislative process: construction of statutes; types of legislation; codification of laws.