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Legal Aspect in Social Development Work Notes

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Summary

INTRODUCTION TO LAW
Meaning of law
• It’s a set rules or principles imposed against the citizens of the country by the state.
• It’s also a set of rules that govern the conduct of affairs in a given community at a given time.
• It’s also a body of principles required and applied by the state in the administration of justice.
The purposes of laws
1. To promote social cohesion among the society;- each society or community has its laws which regulate the mutual relations and contacts of its members. The laws are enforced to ensure that members of the society may live or work together in an orderly and peaceful manner.
1. To regulate the behaviour/contact of persons.
2. To provide justice to the members of the society.
3. To maintain political and economical stability.
4. To protect fundamental rights and freedoms of the individuals.
5. To establish the procedures and regulations regarding the dealings among the individuals.
6. To maintain peace and the security in the country.

FEATURES OF LAW
i) Set of rules- it’s a set or body of rules. The rules may originate from act of parliament, court cases or some other acceptable sources
ii) Guidance of human conduct-these rules are enforced for the guidance of human conduct. Human beings follow these rules for their own safeguards.
iii) Application t community- these rules apply to a specific community, they maybe state or business community. Laws re different from one community to another eg what is alw in Kenya may not be law in Uganda.
iv) Change of rules- the law changes over a period of time. This means its not static eg what was law in 1960’s may not be law in 1990’s
v) Change of rules;- law must be enforced to ensure peace and order in the country. The enforcing agencies include police and the court of law.
Law and Morality
Wrongs may be classified as:
a) Legal wrongs
b) Moral wrongs
Legal wrongs – are those wrongs that violate the state laws and are liable to court proceedings.
Moral wrongs – are wrongs that are against the moral values of the society which may not be enforced by the courts unless they are also part of the laws of state.
CLASSIFICATION OF LAW
Law may be classified in different ways
a) Public law and private law
b) Civil law and criminal law
c) Procedural and substantive law
d) International law
Public law – it refers to the law that governs the relations between the state and its citizen.
• Public law is that part of law which the state has an interest. It consists of constitutional, administration and criminal law
• Constitutional law consist of those rules which regulate the relationship between different organs of the state (legislative, judiciary and executive)
• Administrative law relates to the actual functioning of the executive instruments of the government.
Private law – the law that governs the citizens among themselves.
• It is primarily concerned with the rights and duties of person towards other person.
• Private law is also called civil law
Criminal law – refers to the body of rules and principles that governs the state and individuals against criminal acts.
• Criminal law falls within the public law. This is because the duty of the state is to protect its citizens and it is state which must: - seek redress for any public wrong (crime) committed against any citizen.
• The state prosecutes any criminal on behalf of the citizen as a whole, the victim of criminal conduct himself has no direct interest in the case.
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