LAW AND SOURCES OF LAW
CONTENTS
Lesson 1. Definition of Law.
Lesson 2. Sources of Law and the Administration of the Law.
1. DEFINITION OF LAW.
Hart defines Law as a coercive instrument for regulating social behaviour. Law has also been
defined as a command backed by sanctions. These two explanations of the term law
presuppose the existence of a sovereign, which prescribes or formulates the commands and
enforces sanctions, which is not necessarily the case.
Salmond defines law consists of a body of principles recognised and applied by the state in the
administration of justice. Law has also been defined as a collection of binding rules of human
conduct prescribed by human beings for obedience of human beings. Inevitably, therefore law
implies rules or principles enforced by courts of law. Rules of law are binding hence differ
from other rules or regulations. Rules of law are certain.
In summary therefore, law is an aggregate of conglomeration of rules enforced by courts of law at a
given time.
2. SOURCES OF LAW AND THE ADMINISTRATION OF THE LAW.
1) Acts of parliament-These are enforceable
2) Customary and religious practises of the people-These are significant
proportion of morality incorporated in law, they are enforceable to the
extent of their incorporation into law.
3) Borrowed from other countries.
PURPOSES OF LAW
i) Rules of law facilitate administration of justice. It is an instrument used by human beings to
achieve justice.
(ii) Law assists in the maintenance of peace and order. Law promotes peaceful co-existence, that is,
prevents anarchy.
(iii) Law promotes good governance.
(iv) Law is a standard setting and control mechanism.
(v) Provision of legal remedies, protection of rights and duties.
CLASSIFICATION OF LAW
CONTENTS
Lesson 1. Definition of Law.
Lesson 2. Sources of Law and the Administration of the Law.
1. DEFINITION OF LAW.
Hart defines Law as a coercive instrument for regulating social behaviour. Law has also been
defined as a command backed by sanctions. These two explanations of the term law
presuppose the existence of a sovereign, which prescribes or formulates the commands and
enforces sanctions, which is not necessarily the case.
Salmond defines law consists of a body of principles recognised and applied by the state in the
administration of justice. Law has also been defined as a collection of binding rules of human
conduct prescribed by human beings for obedience of human beings. Inevitably, therefore law
implies rules or principles enforced by courts of law. Rules of law are binding hence differ
from other rules or regulations. Rules of law are certain.
In summary therefore, law is an aggregate of conglomeration of rules enforced by courts of law at a
given time.
2. SOURCES OF LAW AND THE ADMINISTRATION OF THE LAW.
1) Acts of parliament-These are enforceable
2) Customary and religious practises of the people-These are significant
proportion of morality incorporated in law, they are enforceable to the
extent of their incorporation into law.
3) Borrowed from other countries.
PURPOSES OF LAW
i) Rules of law facilitate administration of justice. It is an instrument used by human beings to
achieve justice.
(ii) Law assists in the maintenance of peace and order. Law promotes peaceful co-existence, that is,
prevents anarchy.
(iii) Law promotes good governance.
(iv) Law is a standard setting and control mechanism.
(v) Provision of legal remedies, protection of rights and duties.
CLASSIFICATION OF LAW
