Past exam papers
Full name; Nyaradzo Dzimba
Registration Number; R141237R
Level; 1 Semester 1
Programme; Law
Module; LB101 (Introdution to Law)
Lecturer; Ms Chakauya
Assignment Number; 1
Assignment Title; what is Law?
Year; 2014
Due Date; 07/03/14
WHAT IS LAW?
There is no universally correct definition of what law is but law in one way can be broken down into three particular components, a system of rules and regulations, in a society enforced by the state. The state which has a sovereign authority over a particular territory. According to the Natural Law theory, Greek philosophers Plato and Aristotle state that it is, “An embodiment of Reason”, whether in the individual or the community.’ Meaning under the theory, law resembles morality. However this opposes the Positivists like John Austin (reference: Province of Jurisprudence Determined) that it is “A rule laid down for the guidance of an intelligent being having power over him.” Meaning law is law regardless of its moral content. These theories help further explain law also including justice, politics and economics.
There is a close relationship between law and morality as most legal rules are derived from morality. Morality is, from the F.S. Harraps Law Dictionary, “The quality of being moral conforming to standards and principles. A religious code of conduct" A moral right; “A claim people would think is justified but not necessarily supported by law." So morality can be considered the foundation of law, but not law. Morality has a great influence on law, however due to Positivism law is law, so interpreters of law like the courts can impose consequences to law-breakers. For example in Zimbabwe most people including the president regard to sexual relations with the same sex as immoral. So therefore this has been converted to law, which is shown in the Constitution of Zimbabwe Chapter 1 Part 2, 78(3) ‘Persons of the same sex are prohibited from marrying each other.’ So therefore lawbreakers will suffer the
Registration Number; R141237R
Level; 1 Semester 1
Programme; Law
Module; LB101 (Introdution to Law)
Lecturer; Ms Chakauya
Assignment Number; 1
Assignment Title; what is Law?
Year; 2014
Due Date; 07/03/14
WHAT IS LAW?
There is no universally correct definition of what law is but law in one way can be broken down into three particular components, a system of rules and regulations, in a society enforced by the state. The state which has a sovereign authority over a particular territory. According to the Natural Law theory, Greek philosophers Plato and Aristotle state that it is, “An embodiment of Reason”, whether in the individual or the community.’ Meaning under the theory, law resembles morality. However this opposes the Positivists like John Austin (reference: Province of Jurisprudence Determined) that it is “A rule laid down for the guidance of an intelligent being having power over him.” Meaning law is law regardless of its moral content. These theories help further explain law also including justice, politics and economics.
There is a close relationship between law and morality as most legal rules are derived from morality. Morality is, from the F.S. Harraps Law Dictionary, “The quality of being moral conforming to standards and principles. A religious code of conduct" A moral right; “A claim people would think is justified but not necessarily supported by law." So morality can be considered the foundation of law, but not law. Morality has a great influence on law, however due to Positivism law is law, so interpreters of law like the courts can impose consequences to law-breakers. For example in Zimbabwe most people including the president regard to sexual relations with the same sex as immoral. So therefore this has been converted to law, which is shown in the Constitution of Zimbabwe Chapter 1 Part 2, 78(3) ‘Persons of the same sex are prohibited from marrying each other.’ So therefore lawbreakers will suffer the
Bibliography: The Constitution of Zimbabwe, Province of Jurisprudence Determined by John Austin, F.S. Harraps Law Dictionary, Law and the Rise of Capitalism, The ILO Convention No. 138 on Minimum Age for Admission to Employment (1973) of Zimbabwe, The Communist Manifesto by Carl Marx , , Law and Economics(Fourth Edition) by Cooter and Ulen and The Path of the Law by Oliver Wendell Holmes.