Atas permintaan Faris pada suatu ketika dahulu...

What is law?

There is no specific definition of law.
The aim of the question is to provide an account of the nature of law.

Law can be divided into two.
- Descriptive law.
- Prescriptive law.

Descriptive law.
Formulates the course of regularities of nature.
(undang-undang rasmi laa)
e.g. law of torts, law of contracts.

Prescriptive law.
They do no describe facts, but are prescription or demands that men shall behave in certain way.
(aturan)
e.g. cara nak basuk baju.. cara nak bayar bil.. blablabla.

RMW Dias, in his book Dias Jurispudence (1985) said that prescriptive law is also known as legal laws, which is the law of nations, consists largely of 'ought' propositions prescribing how people ought to behave.

Now its clear.
That law can only be defined in the area that one wishes to look in.

Various propositions and approaches pertaining to law.

There are three major school of thoughts.

Positivist.
Naturalist.
Sociologist.

Positivist.
Francis F. Lebuffe and James V. Hayes define law as a rule of action, mandatory in form, established and promulgated by competent authority for the common good.

John Austin defines law as a command given by a sovereign who may be a king, council or parliament, backed by coercion so that people who violates the law will suffer pain provided by the law itself.

Justin is trying to say that,
'a law without sanction is not a law'.
the presence of police and prisons are coercive apparatus that indicates the role of sanction in positive law.

he said too.
there are two types of law.

Divine law(gods law)
Human law.

Human law can be divide into two.

-Laws made by political superiors.
-Laws set by men (improper law)

Austin terms improper law , not as law, but 'positive morality'.

Naturalist.
Marcus in Cicero's Law written two thousand years ago said defined law as the highest reason implanted in nature, which commands what ought to be done and forbids the opposite.
For Marcus, the natural function of law is to command right conduct and forbid wrongdoings.

Aquinas, in his book Summa Theologica (1225-1274) concludes that the definition of law is nothing else than rational ordering of things which concerns common good, promulgated by whoever is charged with the care of community.

St Thomas Aquinas divide law into 4.
-lex aeterna (Eternal Law)
law of divine reason, known only by god.
the governance law of universe.

-lex divina(Divine Law)
law provided in scriptures and religious books, descended by god.
Directs human to their supernatural end (God)

-lex naturalis (Natural Law)
Goal of men on earth prescribed by god.
its the same for all men since all are rational and its proper for man to be inclined to act according to reason.

-lex humana(Human Law)
man made law, positive law.
governs human regardless of their religion.
it derives from natural law but,
its not mere emanation of natural law.

Necessary for two reasons.
natural law does not provide all or even most of the solutions to everyday life in society.
e.g. ada ke kat dalam Al Quran, hukuman untuk speeding kat highway?

there is "need for compulsion, to force selfish people to act reasonably."

ini la 1/2 drpd bab 1, Law 1.
Ada banyak lagi sebenarnya.
Hahaha.
So, aku dah terlepas daripada dikatakan salah seorang yang asyik post bende mengarut je yee.
Lalala
Heheh.

Now back to my point.
Akan terjadikah reunion raya?
Hafisah kalau buat open house contact2 laa yee..
=)